Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Law
The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad
The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad
Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Contagious Environmental Lawmaking, Natasha Affolder
Contagious Environmental Lawmaking, Natasha Affolder
All Faculty Publications
It is rare to find an environmental law development or ‘innovation’ announced or celebrated without some discussion of its transferability. Discourses of diffusion are becoming increasingly central to the way that we develop, communicate and frame environmental law ideas. And yet, this significant dimension of environmental law practice seems to have outgrown existing conceptual scaffolding and scholarly vocabularies. The concept, and intentionally unfamiliar terminology, of ‘contagious lawmaking’ creates a space for both fleshing out, and problematizing, the phenomenon of the dynamic and multi-directional transfer of environmental law ideas. This article sets the stage for further study of the global diffusion …
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Book Chapters
Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson's Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean …
Environmental Law, Travis M. Trimble
Environmental Law, Travis M. Trimble
Scholarly Works
In 2017,1 district courts in the United States Court of Appeals for the Eleventh Circuit decided three cases that clarified issues arising under the Clean Water Act (CWA). 2 The United States District Court for the Southern District of Georgia preliminarily enjoined the Environmental Protection Agency (EPA) and the Army Corps of Engineers from enforcing the Waters of the United States Rule (WOTUS Rule), 3 a regulatory attempt to define the term "Waters of the United States," which is a jurisdictional threshold for agencies' regulatory authority under the CWA.4 Also, the United States District Court for the Northern District of …
Constitutional Environmental Law, Or, The Constitutional Consequences Of Insisting That The Environment Is Everybody's Business, Robin Kundis Craig
Constitutional Environmental Law, Or, The Constitutional Consequences Of Insisting That The Environment Is Everybody's Business, Robin Kundis Craig
Utah Law Faculty Scholarship
Constitutional environmental law has become a recognized and institutionalized specialty within environmental law, an acknowledgement of the pervasive interactions between the U.S. Constitution and the federal environmental statutes that go well beyond the normal constitutional underpinnings of federal administrative law. This Article posits that constitutional environmental law is the result of Congress consciously deciding that environmental protection is everybody’s business — specifically, from Congress’s that states should participate in rather than be preempted by federal environmental law, that private citizens and organizations should help to enforce the statutes, and that private land and water rights are necessary components of national …