Law Commons^™

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to …

An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd

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

Desertification is one of the most serious environmental and socio-economic problems of our time. Desertification describes circumstances of land degradation in arid, semi-arid and dry sub-humid regions resulting from the climatic variation and human activities. The fundamental goal of this thesis was to assess the effects of desertification in Yobe State, Nigeria. The present threat of desertification in the sahel has reached an alarming stage where crops cultivation and animal rearing/grazing are no more productive, soil has lost its nutrient/fertility, various infrastructure had given way because of windstorm from the neighbouring Niger Republic and sand dunes had taken over. The …

Book Review, Environmental Law And Sustainability After Rio, David Wirth

David A. Wirth

Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.

Legal Anatomy Of An Air Pollution Emergency, Doug Rendleman

Doug Rendleman

No abstract provided.

Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa

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

This research work looked in the used of Remote Sensing to improve Agricultural production in Kutigi, Niger State. The aim of the study is to use remote sensing to improve rice farming activities in Kutigi, Niger State. It is very important to identify such methods to improve Agricultural production because experts are always interested in new researches and findings to better the standard of living in any environment. In view of this, Remotely-sensed data could be used or employed to elevate most of these agricultural problems in Kutigi through the following objectives: Using Landsat imagery to assess the present landuse …

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …

Moving Forward On Public Health And Safety With Just The Stroke Of The Pen? Yes, Obama Can, Rena Steinzor

Rena I. Steinzor

No abstract provided.

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus

Holly Doremus

Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …

Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin

Holly Doremus

The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable. BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …

Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus

Holly Doremus

This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility of …

The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus

Holly Doremus

No abstract provided.

Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus

Holly Doremus

The Deepwater Horizon blowout has important lessons to teach about environmental review. It is easy to scapegoat the former Minerals Management Service (MMS) for shoddy environmental analysis. But captive agencies are a common phenomenon. Oversight by environmental mission agencies is supposed to provide a check on their myopia. Several external reviews of MMS’s environmental analysis were conducted, but none uncovered MMS’s wildly incorrect estimates of the probability, magnitude, and consequences of a blowout. This article details the external reviews, explains why they proved ineffective, and offers suggestions for improvement. Outside review cannot be effective unless reviewers understand the importance of …

Silent Spring At 50, Andrew Morriss

Andrew P. Morriss

No abstract provided.

Domestic Climate Change Adaptation And Equity, Alice Kaswan

Alice Kaswan

It is now commonly accepted that climate change will lead to sea-level rise, more extreme storms, heat waves, wildfires, changing weather patterns, and the spread of disease. Reducing greenhouse gas emissions is necessary, but not sufficient. Global, national, and subnational adaptation measures to reduce climate harm are essential.

This article argues that equity should be a central feature of emerging domestic climate adaptation initiatives. It details how more frequent and intense “natural” disasters, long-term impacts on habitability, and public health threats will have unequal impacts within the United States. The article suggests seven principles for achieving equitable adaptation, principles designed …

Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic

Sanja Bogojević

This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in …

Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka

Rena I. Steinzor

The Center for Progres­sive Reform undertook an empirical study of the Office of Information of Regulatory Affairs, the White House office that reviews every significant regulation issue by Executive Branch agencies. The study assembled an unprecedented portrait of its behav­ior during the decade from October 16, 2001, when notices of meetings with outside parties were first available on the Internet, until June 1, 2011. OIRA conducted 6,194 separate reviews of regulatory submissions, holding 1,080 meetings that involved 5,759 ap­pearances by outside par­ticipants. Both the final report and the database we assembled are available on the CPR website, at pro­gressivereform.org. OIRA …

Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas

Michael Pappas

Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …

Protecting Coastal And Estuarine Resources- Confronting The Gulf Between The Promise And Product Of Environmental Regulation , Robert V. Percival

Robert Percival

No abstract provided.

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Robert Percival

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …

Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson

Jeffrey T Matson

In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …

Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger

Beau James Brock

The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

Perry Wallace

No abstract provided.

Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace

Perry Wallace

No abstract provided.

An Overview Of This Issue: Climate Change In 2009, Perry Wallace

Perry Wallace

No abstract provided.

Business Responses To Climate Change Overview Of This Issue , Perry Wallace

Perry Wallace

No abstract provided.

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

David B. Hunter

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …

New Challenges In An Era Of Global Water Scarcity , David Hunter

David B. Hunter

No abstract provided.

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

David B. Hunter

No abstract provided.

Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri

Nida Mahmood Ms

This study presents the first ever comprehensive analysis of Pakistani foreign investment treaty regime, which consists of 47 BITs as of 15 June, 2012. This study provides a provision by provision comparison of all 47 Pakistani BITs. The objective is to identify similarities and differences in these BITs, explaining legal implications of their individual provisions and suggesting policy changes for future BITs in the light of existing and emerging state practices. The overall purpose is to identify policy implications of the BITs regime for Pakistan. Looking forward, the study inquires how to enhance foreign investors’ confidence and to promote and …