Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2011

Environment

Discipline
Institution
Publication
Publication Type
File Type

Articles 1 - 30 of 36

Full-Text Articles in Law

Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, Wendy Wagner, Rena Steinzor Nov 2011

Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, Wendy Wagner, Rena Steinzor

Rena I. Steinzor

Rescuing Science from Politics debuts chapters by the nation's leading academics in law, science, and philosophy who explore ways that the law can be abused by special interests to intrude on the way scientists conduct research. The high stakes and adversarial features of regulation create the worst possible climate for the honest production and use of science especially by those who will ultimately bear the cost of the resulting regulatory standards. Yet an in-depth exploration of the ways in which dominant interest groups distort the available science to support their positions has received little attention in the academic or popular …


China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival Nov 2011

China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival

Robert Percival

This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …


The Truth About Regulation In America, Rena I. Steinzor Oct 2011

The Truth About Regulation In America, Rena I. Steinzor

Rena I. Steinzor

The special interests leading the accelerating crusade against regulation have re-ignited a potent coalition of industry lobbyists, traditional conservatives, and grassroots Tea Party activists. The politicians speak in generic terms for public consumption: “the nation is broke,” “big government is bad,” “regulation costs trillions.” Behind the scenes, industry lobbyists target for repeal dozens of regulations that are designed to control pollution, ensure drug, product, and food safety, and eliminate workplace hazards. In an effort to bring light and air to an often misleading and always opportunistic national debate, this essay presents five truths about the state of health, safety, and …


Sustainable Procurement Is Smart Procurement: A Primer For Local Governments To Successfully Implement Sustainable Procurement Policies, Zachary R. Kobrin Sep 2011

Sustainable Procurement Is Smart Procurement: A Primer For Local Governments To Successfully Implement Sustainable Procurement Policies, Zachary R. Kobrin

Zachary R Kobrin

Most local governments do not understand the benefits of sustainable procurement or how to successfully implement these policies. This article discusses the challenges facing local governments when adopting sustainable procurement policies and makes recommendations to successfully implement sustainable procurement. The U.S. Environmental Protection Agency describes sustainable procurement as the purchasing of products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. For local governments, sustainable procurement can also be defined by the benefits it will provide the local environment and economy. Before …


Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning Aug 2011

Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning

Columbia Center on Sustainable Investment Staff Publications

The Australian government is rapidly increasing aid to Africa. But the real story about the country's engagement in Africa is the massive investment by Australian companies in extractive industries.

More than 150 Australian resource companies are active in more than 40 African countries with a total investment greater than $20 billion, including in coal in Mozambique, copper and uranium in Zambia, gold in Eritrea and uranium in Malawi.


The Sustainable Development Principle In United States Environmental Law, Michael P. Healy Jul 2011

The Sustainable Development Principle In United States Environmental Law, Michael P. Healy

Law Faculty Scholarly Articles

The American public perceives the principle of sustainable development and sustainability, the shorthand nomenclature, through green-tinted lenses. Whether the user of the term is academic, corporate, or governmental, the advocate of sustainability is understood as an advocate of protecting the environment. The international legal understanding of the principle of sustainable development, however, is more ambiguous than this popular American understanding.

Part II of this Article describes the important principle of sustainable development in modern international environmental law. It discusses how the sustainable development principle has evolved from its initial appearance in the 1987 Brundtland Commission Report through its central position …


Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano Jun 2011

Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.

The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …


Slides: Collaborative Planning And Lessons Learned, Matt Sura May 2011

Slides: Collaborative Planning And Lessons Learned, Matt Sura

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Matt Sura, University of Colorado Law School

48 slides


Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor May 2011

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …


Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg Apr 2011

Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg

Peter J Honigsberg

On April 20, 2010, British Petroleum’s Deepwater Horizon drilling rig in the Gulf of Mexico exploded, killing eleven people and spilling billions of gallons of oil into the gulf. In the days and weeks that followed, the media pointed to the Minerals Management Services (MMS), the regulatory agency responsible for managing offshore drilling, as being complicit with BP. The MMS issued permits for deepwater drilling in violation of its regulations; provided hundreds of exemptions to the regulations; maintained lax monitoring and enforcement procedures; allowed the companies to draft regulations that suited their interests and objectives; and engaged in inappropriate relationships …


Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith Apr 2011

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Beverly McQueary Smith

No abstract provided.


Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith Apr 2011

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

Beverly McQueary Smith

No abstract provided.


Shaping Water Policy: Political Influences In The European Union And United States, Christopher Young Apr 2011

Shaping Water Policy: Political Influences In The European Union And United States, Christopher Young

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Celebrating Earth Day And A Billion Acts Of Green, Ufuoma Barbara Akpotaire Apr 2011

Celebrating Earth Day And A Billion Acts Of Green, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

Today, April 22nd, is celebrated as Earth Day. The idea is to inspire awareness and appreciation for the Earth’s natural environment and was first celebrated on April 22, 1970. The idea for Earth Day is credited to Gaylord Nelson, a former U.S. Senator, after he witnessed some of the side effects of the 1969 massive oil spill in California.

The first Earth Day led to the creation of the United States Environmental Protection Agency and in 2009, the United Nations joined in the celebration by designating April 22, “International Mother Earth Day.” I recently came across a video of the …


Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell Mar 2011

Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …


“Offsetting” Crisis? – Climate Change Cap And Trade Need Not Contribute To Another Financial Meltdown, Victor B. Flatt Mar 2011

“Offsetting” Crisis? – Climate Change Cap And Trade Need Not Contribute To Another Financial Meltdown, Victor B. Flatt

Victor B Flatt

Much of the fear of a cap and trade system to control greenhouse gases concerns the financial instruments that will be created in such a system and the concern that they will lead to another financial crisis. This belief may have been a major contributor to the defeat of cap and trade in the U.S. Senate. However, greenhouse gas cap and trade systems can be structured to avoid the problem of toxic assets that led to the financial crisis while still retaining real greenhouse gas control with an efficient market. Given that cap and trade still exists in many greenhouse …


Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena Steinzor Feb 2011

Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena Steinzor

Rena I. Steinzor

Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….


Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena I. Steinzor Feb 2011

Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena I. Steinzor

Congressional Testimony

Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….


Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari Osofsky Feb 2011

Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari Osofsky

Hari Osofsky

This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill, and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions—vertical, horizontal, direction of hierarchy, cooperativeness, and public-private—to demonstrate the multi-level, multi-actor interactions taking place in offshore drilling and oil spill regulation. It then explains the ways in which the complex interactions in these dimensions translate into four core governance challenges: scientific and legal uncertainty, simultaneous overlap and fragmentation, the difficulties of balancing efficiency and inclusion, and inequality and resulting injustice. The Article next …


Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji Feb 2011

Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The main objective of this paper is to examine the impact of the quest for industrialization on the environment in Nigeria; others include, the identification of the objectives of sustainable development as well as making recommendations that will lead to the much needed sustainable environment both for the present generation and generations yet unborn. The researcher relied principally on secondary sources of data for this paper which is theoretical in approach. Findings revealed the emergence of a host of environmental problems such as air pollution, deforestation, desertification, solid and hazardous waste problems in the wake of the quest for industrialization. …


Lessons From The North Sea: Should "Safety Cases" Come To America?, Rena I. Steinzor Jan 2011

Lessons From The North Sea: Should "Safety Cases" Come To America?, Rena I. Steinzor

Rena I. Steinzor

The catastrophic oil spill in the Gulf of Mexico last spring and summer has triggered an intense search for more effective regulatory methods that would prevent such disasters. The new Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is under pressure to adopt the British “safety case” system, which requires the preparation of a facility-specific plan that is typically several hundred pages long. This system is supposed to inculcate a “safety culture” within companies that operate offshore in the British portion of the North Sea because it overcomes a “box-ticking” mentality and constitutes “bottom up” implementation of safety measures. …


Making Regulatory Innovation Keep Pace With Technological Innovation, Jay P. Kesan, Timothy A. Slating Jan 2011

Making Regulatory Innovation Keep Pace With Technological Innovation, Jay P. Kesan, Timothy A. Slating

Jay P. Kesan

Recent world events are forcing us to reconsider the ways in which the energy needs of the U.S. can and should be met. In regards to renewable energy options in general, the public response to the nuclear crisis at Japan’s Fukushima Daiichi power plant will likely stymie President Obama’s call for an increase in our reliance on nuclear energy. Additionally, the increasing political unrest in the Middle East and North Africa is once again reminding us that solutions must be found to mitigate our heavy dependence on foreign-produced oil. Newly emerging liquid biofuels not only hold the promise of enhancing …


The 2011 American State Litter Scorecard:New Rankings For An Increasingly Environmentally Concerned Population, Stephen [Steve] L. Spacek Jan 2011

The 2011 American State Litter Scorecard:New Rankings For An Increasingly Environmentally Concerned Population, Stephen [Steve] L. Spacek

Stephen [Steve] L Spacek

By popular demand--a NEW, up-to-date State Litter "Scorecard" is now released for the 2011 ASPA Baltimore event--measuring each state’s overall environmental quality through public property/spaces debris removal efforts. The “CARD” uses tried-and-true, hard-to-publicly obtain objective and subjective measures, leading to a total overall score for each measured jurisdiction. Readers can thus gain a realistic "picture" of "what's going on" within one or all of the 50 states. Littering/dumping remains harmful, serious American environmental crimes, creating dangers to public health and safety, and contributing to the deaths of over 800 Americans in debris-attributed motor vehicle accidents. The first, original 2008 Scorecard …


Lessons From The North Sea: Should "Safety Cases" Come To America?, Rena I. Steinzor Jan 2011

Lessons From The North Sea: Should "Safety Cases" Come To America?, Rena I. Steinzor

Faculty Scholarship

The catastrophic oil spill in the Gulf of Mexico last spring and summer has triggered an intense search for more effective regulatory methods that would prevent such disasters. The new Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is under pressure to adopt the British “safety case” system, which requires the preparation of a facility-specific plan that is typically several hundred pages long. This system is supposed to inculcate a “safety culture” within companies that operate offshore in the British portion of the North Sea because it overcomes a “box-ticking” mentality and constitutes “bottom up” implementation of safety measures. …


The Truth About Regulation In America, Rena I. Steinzor Jan 2011

The Truth About Regulation In America, Rena I. Steinzor

Faculty Scholarship

The special interests leading the accelerating crusade against regulation have re-ignited a potent coalition of industry lobbyists, traditional conservatives, and grassroots Tea Party activists. The politicians speak in generic terms for public consumption: “the nation is broke,” “big government is bad,” “regulation costs trillions.” Behind the scenes, industry lobbyists target for repeal dozens of regulations that are designed to control pollution, ensure drug, product, and food safety, and eliminate workplace hazards. In an effort to bring light and air to an often misleading and always opportunistic national debate, this essay presents five truths about the state of health, safety, and …


Evaluation Of The Pacific Oceanscape To Manage The Pacific Islands And Ocean Environment, Ben M. Tsamenyi, Joytishna Jit Jan 2011

Evaluation Of The Pacific Oceanscape To Manage The Pacific Islands And Ocean Environment, Ben M. Tsamenyi, Joytishna Jit

Faculty of Law, Humanities and the Arts - Papers (Archive)

The forty-first meeting of Pacific Island Forum (PIF) in Port Vila, Vanuatu in August 2010 endorsed the new concept of 'Pacific Oceanscape' to support development, management and conservation of the Pacific Islands region. The leaders also encouraged all Pacific Islands regional organisations to implement the concept in partnership with other relevant organisations. The Pacific Oceanscape concept is a renewed effort to implement the Pacific [slands Regional Oceans Policy (PIROP). [t reflects all PIROP principles and aligns them with urgencies associated with climate change impacts on small island developing states. It also promotes regional cooperation in the establishment and management of …


The Evolution Of Constitutional Environmental Law In Kenya, J. Bradley Larkin Jan 2011

The Evolution Of Constitutional Environmental Law In Kenya, J. Bradley Larkin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Workplace Harassment In The Academic Environment, Robert J. Tepper, Craig G. White Jan 2011

Workplace Harassment In The Academic Environment, Robert J. Tepper, Craig G. White

Saint Louis University Law Journal

Over the last decade, claims of workplace harassment have received greater attention.[1] Sometimes called “workplace bullying,” such harassment is commonly defined as behavior by a perpetrator that may involve repeated verbal abuse, offensive conduct that may threaten, humiliate, or intimidate a target, or efforts to sabotage a target’s performance.[2] As commonly defined, the subject behavior is intentional, results in physical or psychological harm to the target, and makes the target’s job performance more difficult.[3] At times, perpetrators, who may include administrators and faculty members, combine their efforts to abuse and harass the target, a phenomenon known as …


Canada’S Species At Risk Act And Atlantic Salmon: Cascade Of Promises, Trickles Of Protection, Sea Of Challenges, David Vanderzwaag, Maria Cecilia Engler Palma, Jeffrey Hutchings Jan 2011

Canada’S Species At Risk Act And Atlantic Salmon: Cascade Of Promises, Trickles Of Protection, Sea Of Challenges, David Vanderzwaag, Maria Cecilia Engler Palma, Jeffrey Hutchings

Articles, Book Chapters, & Popular Press

This article reviews through a three-part format the role and efficacy of the Species at Risk Act (SARA) in trying to save SARA-listed inner Bay of Fundy (iBoF) Atlantic salmon and other Atlantic salmon populations at risk from the brink of extinction. The cascade of SARA promises is first discussed, including: the independent assessment of the status of the species based on best available scientific information; the protection of listed species, their residences and critical habitat; and the two-stage recovery planning process. The trickles of protection actually delivered by SARA in relation to Atlantic salmon are next described, including the …


The Three Phases Of Local Government State Of Environment Reports In Nsw Australia: Complexity, Intricacy And Creativity, Andrew H. Kelly Jan 2011

The Three Phases Of Local Government State Of Environment Reports In Nsw Australia: Complexity, Intricacy And Creativity, Andrew H. Kelly

Faculty of Law - Papers (Archive)

This paper explores the three phases of State of Environment Reports (SoERs) prepared by local councils in NSW since the introduction of the Local Government Act 1993 (NSW), which heralded significant change to local government's powers, functions and requirements. NSW is the only Australian jurisdiction where local SoERs are required. The first phase was responsive to environmental concerns but provided considerable confusion. The second was more ambitious and complex. The current phase provides considerable flexibility. This article leads to questions such as whether the SoER should be enveloped into the new 'Community Strategic Plan' or stand alone as a separate …