Law Commons^™

A Science-Based Policy For Managing Free-Roaming Cats, David Hunter, Christopher A. Lepczyk, David C. Duffy, David M. Bird, Michael Calver, Dmitry Cherkassky, Linda Cherkassky, Christopher R. Dickman, David Jessup, Travis Longcore, Scott R. Loss, Kerrie Anne T. Loyd, Peter P. Marra, John M. Marzluff, Reed F. Noss, Daniel Simberloff, Grant C. Sizemore, Stanley A. Temple, Yolanda Van Heezik

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Free-roaming domestic cats (i.e., cats that are owned or unowned and are considered ‘at large’) are globally distributed non-native species that have marked impacts on biodiversity and human health. Despite clear scientific evidence of these impacts, free-roaming cats are either unmanaged or managed using scientifically unsupported and ineffective approaches (e.g., trap-neuter-release [TNR]) in many jurisdictions around the world. A critical first initiative for effective, science-driven management of cats must be broader political and legislative recognition of free-roaming cats as a non-native, invasive species. Designating cats as invasive is important for developing and implementing science-based management plans, which should include efforts …

Conservation Easements As A Tool For Nature Protection, William Snape

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No abstract provided.

Making America A Better Place For All: Sustainable Development Recommendations For The Biden Administration, William Snape, Tony Pipa, Audra Wilson, John Bouman, Claire Babineaux-Fontenot, Corey Malone-Smolla, Alexandra Phelan, Mark Dorosin, Karol Boudreaux, Robert Adler, Uma Outka, Elizabeth Kronk Warner, Stephen Herzenberg, Samuel Markolf, Mikhail Chester, Gerlad Torres, Jonathan Rosenbloom, Leroy Paddock, Michael B. Gerrard, Anastasia M. Telesetsky, Kimberly Brown, Jane Nelson, John C. Dernbach, Scott E, Schang

Articles in Law Reviews & Other Academic Journals

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of …

Thirsty Places, Priya Baskaran

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The United States, among the wealthiest and most prosperous nations in the world, regularly fails to provide clean, potable water to many of its citizens. Recent water crises occur within communities categorized as Geographically Disadvantaged Spaces ("GDS'), which often encompass urban and rural areas. What is more, people of color and economically vulnerable populations are often located within GDS, disproportionately burdening these groups with the economic and public health consequences of failing water infrastructure. This article provides a novel, comparative analysis of communities lacking potable water in Flint, Michigan, and southern West Virginia. This analysis highlights entrenched structural problems present …

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

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No abstract provided.

Why Central Banks Need To Take Human Rights More Seriously, Daniel D. Bradlow

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Most central bankers think that there is a tenuous connection between the operations of central banks and human rights. Their responsibility is to concentrate on the relatively narrow set of macro-economic variables that are relevant to their mandates and to leave to their country’s political leadership the decisions dealing with the complex and politically sensitive variables that affect the functioning of the economy and society.

This position is no longer tenable. Climate change is forcing the central banking community to rethink their view of their responsibilities. The recent release of the Network for Greening, the Financial System’s first comprehensive report …

The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter

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The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.

Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser

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Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

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No abstract provided.

Take Time To Wander Outside Your Comfort Zone, David Spratt

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No abstract provided.

International Environmental And Resources Law 2015 Annual Report, David Hunter

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No abstract provided.

Fracking, Federalism, And Private Governance, Amanda Leiter

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The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency.

Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and …

Frostpaw Addresses Global Warming, William Snape

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INTRODUCTION: Climate change impacts the law on many levels and in many ways. This Article asks a threshold question: what legal structures will most effectively reduce growing levels of anthropogenic greenhouse pollution? The answer is that an existing U.S. statute-the Clean Air Act-not only possesses clear commands to ratchet down greenhouse pollutants domestically, but also provides explicit authority to negotiate concomitant air pollution reduction with countries around the planet in a fair, transparent, and reciprocal fashion. Further, application of the Clean Air Act is consistent with other legal and policy tools to address global warming. This statute-based solution, while facially …

Health Law As Social Justice, Lindsay Wiley

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Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and …

Fracking As A Federalism Case Study, Amanda Leiter

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No abstract provided.

Utility Air Regulatory Group V. Epa: A Shot Across The Bow Of The Administrative State, Amanda Leiter

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No abstract provided.

Natural Resource “Conflicts” In The U.S. Southwest, William Snape

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INTRODUCTION: Environmental laws and the ecosystems they support are under attack. Intermittently since the Reagan administration and increasingly since the 2008 economic collapse, certain politicians and their industry sponsors have inundated the media with angry rhetoric, blaming historic job losses on "overregulation."' Environmental laws are a frequent target of these politicians who often benefit from contributions supplied by the fossil fuel and mining industries. Ignoring the successes of these laws- cleaner air, cleaner water, and recovering imperiled wild species and habitat-they claim that environmental regulations are "job killers." Reflecting the success of these claims, the recent House Fiscal Year 2012 …

Offsetting And The Consumption Of Social Responsibility, Ezra Rosser

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This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This Article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market …

The Future Of Climate Change Litigation After Aep V. Connecticut, Amanda Leiter, Rick Faulk, Eric Lasker, Mike Myers

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No abstract provided.

Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter

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No abstract provided.

Ahistorical Indians And Reservation Resources, Ezra Rosser

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The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.

Mitigation/Adaptation And Health: Health Policymaking In The Global Response To Climate Change And Implications For Other Upstream Determinants, Lindsay Wiley

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No abstract provided.

Human Rights Implications For The Climate Negotiations, David Hunter

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Symposium: The Confluence of Human Rights and the EnvironmentINTRODUCTION: According to John Holdren, the Science Advisor to President Obama, humanity can only respond to climate change in three ways. We can mitigate climate change, for example by reducing greenhouse gas emissions; we can adapt to climate change, for example by defending our coastlines; or we can suffer from climate change. Given current emission levels and projected climate change impacts, we are inevitably going to do some of all three. A human rights approach, the subject of this Article, puts the focus on those who will suffer from climate change, in …

Enabling Investment In Environmental Sustainability, Heather Hughes

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No abstract provided.

Moving Global Health Law Upstream: A Critical Appraisal Of Global Health Law As A Tool For Health Adaptation To Climate Change, Lindsay Wiley

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The relatively new discipline of global health law is a potentially powerful tool for promoting health adaptation to climate change. Unfortunately, global climate change will intensify exactly those health threats that have not been adequately addressed by multilateral cooperation with respect to health in the past, which has been dominated by security-based and treatment-focused approaches. Recent focus on biosecurity concerns such as the global spread of emerging infectious diseases and biological terrorism has further entrenched a security-based approach to global health law and policy that has origins in the earliest attempts at international health cooperation and is currently embodied in …

Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay Wiley

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Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling …

Implications Of The Copenhagen Accord For Global Climate Change, David Hunter

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No abstract provided.

Joining The Convention On Biological Diversity, William Snape

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INTRODUCTION: Life on Earth as we know it is under siege. Significant and probably irreversible changes to the natural world are now occurring. It is an undisputed fact that we are losing wild species in nature to extinction faster than in any geologic period since the dinosaur die-off roughly sixty five million years ago. It is also undisputed that ecosystem services from land, water, and air are degraded throughout the world and threatening food supplies, economic development, scientific advancements, and global security. The rapid advent of global warming and associated climate change makes the job of saving native plants, animals, …

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley

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The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

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This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.

The article addresses …