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Articles 1 - 8 of 8
Full-Text Articles in Law
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
O'Neill Institute Papers
In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …
Bottom Up Accountability, Edith Brown Weiss
Bottom Up Accountability, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
We live in an age of globalisation, in which States share the stage with other organisations, both public and private, and with individuals. Their activities often have profound impacts on people's lives and their environment. It is perhaps not surprising then, that countries, individuals, communities and non-governmental organisations (NGSs) express ever greater concern about the accountability of international financial institutions, which exercise significant powers. Traditionally such institutions are accountable to the States that created them. But increasingly there are demands that they also be accountable to those whom they serve or directly affect.
Climate Change And The Clean Air Act, Lisa Heinzerling
Climate Change And The Clean Air Act, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In Massachusetts v. EPA, petitioners - twelve states, three cities, an American territory, and numerous health and environmental groups - have asked the Supreme Court to hold that the Clean Air Act gives EPA the power to regulate greenhouse gas emissions from motor vehicles and that EPA may not decline to exercise this power based on statutorily irrelevant factors. The problem petitioners ultimately seek to address - climate change - is unique in its scope and complexity. But the legal issues before the Court in Massachusetts v. EPA are neither particularly grand nor particularly complex. They are the kinds of …
Chumming On The Chesapeake Bay And Complexity Theory: Why The Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense As A Regulatory Approach, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Estuaries like the Chesapeake Bay ("Bay") and Puget Sound are in grave trouble. They each suffer from poor water quality, loss of habitat, and declining biodiversity, and efforts to restore their health are straining both public and private resources. While accomplishments are often recorded in the fight against these ills, it is clear these accomplishments "are not yet equal to the scale of the problems." The focus of this article is on the nation's largest estuary, the Bay. Despite the investment of billions of dollars to improve water quality, the Bay continues to suffer from severe environmental degradation that impairs …
Grotius, Ocean Fish Ranching, And The Public Trust Doctrine: Ride 'Em Charlie Tuna, Hope M. Babcock
Grotius, Ocean Fish Ranching, And The Public Trust Doctrine: Ride 'Em Charlie Tuna, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Seventy percent of the world's fish populations are in serious decline; some have been fished to near extinction. While domestic and international efforts are underway to curb the rate at which the remaining fish are being depleted, the demand for fish appears to be outstripping these initiatives--before they can take hold, the fish may be gone. In response to this increasingly dire situation, many countries, including the United States, have turned to fish farming in hope of taking pressure off of certain wild stocks of fish while still meeting consumer demands for them. More recently, non-U.S. fish farmers have moved …
Environmental Law After Katrina: Reforming Environmental Law By Reforming Environmental Lawmaking, Richard J. Lazarus
Environmental Law After Katrina: Reforming Environmental Law By Reforming Environmental Lawmaking, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
Hurricane Katrina's overriding lesson for environmental law is no less than our environmental lawmaking institutions require fundamental reformation. Otherwise, the nation's tragic failure not only to enact laws that anticipate the obvious risks presented to the Gulf Region by hurricanes, but perversely to increase those risks by destroying the ecosystem's natural protections, will inevitably be repeated with even more devastating results.
National Security And Environmental Laws: A Clear And Present Danger?, Hope M. Babcock
National Security And Environmental Laws: A Clear And Present Danger?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Without question, life in the United States has changed significantly since September 11, 2001. The attacks launched from within the United States in broad daylight against non-military targets and innocent civilians, followed by the intentional dispersal of the biological agent anthrax, ushered in an era of uncertainty and fear in this country unlike any in recent memory. The visible manifestations of this fear are still with us--concrete barriers and the closing of public spaces around public buildings, heightened security at airports and train stations subjecting people to invasive searches of their persons and belongings, the sudden, seemingly random appearance of …
Administering The Clean Water Act: Do Regulators Have "Bigger Fish To Fry" When It Comes To Addressing The Practice Of Chumming On The Chesapeake Bay?, Hope M. Babcock
Administering The Clean Water Act: Do Regulators Have "Bigger Fish To Fry" When It Comes To Addressing The Practice Of Chumming On The Chesapeake Bay?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
The Chesapeake Bay is one of the country's most productive estuaries. However, for decades the health of the Bay has been declining due in large part to nutrification. Excessive nutrients encourage algal blooms, which lower dissolved oxygen and increase turbidity in the Bay's waters. More than 40% of the Bay's main stern is now dead largely as a result of this problem. The practice of chumming, the discarding of baitfish, usually menhaden, over the sides of fishing boats to attract game fish like striped bass, is contributing to the Bay's nutrification problem because the decomposing chum raises the waters biological …