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2012

Environmental Policy

Articles 1 - 8 of 8

Full-Text Articles in Law

The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann Nov 2012

The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann

Holly Doremus

No abstract provided.

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Constitutive Law And Environmental Policy, Holly Doremus Nov 2012

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.

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Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus Nov 2012

Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus

Holly Doremus

The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …

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The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner Nov 2012

The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner

Pepperdine Law Review

No abstract provided.

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A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula Feb 2012

A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula

William & Mary Environmental Law and Policy Review

No abstract provided.

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Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris Dec 2011

Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.

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Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire Dec 2011

Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …

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Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill Dec 2011

Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill

Chad J McGuire

As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …

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