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Articles 1 - 10 of 10
Full-Text Articles in Law
Delinking International Environmental Law & Climate Change, Cinnamon Carlarne
Delinking International Environmental Law & Climate Change, Cinnamon Carlarne
Michigan Journal of Environmental & Administrative Law
This Article challenges the existing paradigm in international law that frames global efforts to address climate change as a problem of and for international environmental law. The most recent climate reports tell us that warming is unequivocal and that we are already experiencing the impacts of climate change at the domestic level in the United States. Against this backdrop, much has been written recently in the United States about domestic efforts to address climate change. These efforts are important, but they leave open the question of how the global community can work together to address the greatest collective action problem …
The Legacy Of Professor Joe Sax, Fred Krupp
The Legacy Of Professor Joe Sax, Fred Krupp
Michigan Journal of Environmental & Administrative Law
I grew up as the environmental movement did, in the 1960s and 1970s. In college at Yale, engineering professor Charlie Walker became my mentor and taught me that there are practical solutions for almost all environmental problems. This hopeful point of view inspired me to devote myself to the subject, first as an academic pursuit. As I neared graduation and was trying to decide on a path, Professor Walker handed me a book: Defending the Environment by Joseph Sax.1 That book was visionary in its description of private citizens’ ability to protect and defend the environment through the legal system. …
Making Ideas Matter: Remembering Joe Sax, Mark Van Putten
Making Ideas Matter: Remembering Joe Sax, Mark Van Putten
Michigan Journal of Environmental & Administrative Law
Joe Sax made his ideas matter. He had consequential ideas that shaped an entire field—in his case, environmental law—both in theory and in practice. His scholarship was first rate and has enduring significance in academia, as evidenced by the fact that two of his law review articles are among the 100 most frequently cited articles of all time. Others are more competent to review the importance of his scholarship; my experience in environmental advocacy is more pertinent to evaluating his impact on environmental policymaking. Here, his ideas have had a greater impact than any other legal academic. As the New …
Joseph Sax, A Human Kaleidoscope, Zygmunt Plater
Joseph Sax, A Human Kaleidoscope, Zygmunt Plater
Michigan Journal of Environmental & Administrative Law
Probably more than any other person most of us will ever have the opportunity of knowing, Joe Sax was kaleidoscopic in the way he projected his mind and lived his life as a scholar, teacher, and citizen seer. Shifting his analytical gaze from challenging context to challenging context, he repeatedly threw rich new patterns of perceptive light, thoughts broad and deep, onto a remarkable range of puzzles. Joe’s ability to think broadly and deeply influenced and reshaped the way that his students, friends, colleagues, and readers understood the intricacies, beauty, and challenges of the world around them. Others in this …
Joseph L. Sax: The Realm Of The Legal Scholar, Nina A. Mendelson
Joseph L. Sax: The Realm Of The Legal Scholar, Nina A. Mendelson
Michigan Journal of Environmental & Administrative Law
It is one of my great regrets that I never really got to know Professor Joseph Sax personally. I joined the faculty at the University of Michigan Law School well over a decade after Sax departed our halls for the University of California at Berkeley’s Boalt Hall School of Law. I met him on one occasion several years ago, when he gave an engaging workshop at Michigan on governance issues around Colorado River water allocation, complete with a detailed map of the watershed. I am exceptionally fortunate, however, to occupy a chair named for him. This is not only because …
Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach
Michigan Journal of Environmental & Administrative Law
The purpose of this conference is to explore “the relationship between environmental protection and public health and how it should inform our efforts to become better stewards of the environment.” No one would disagree with the assertion that during the last forty years of federal environmental protection, air and water quality have improved and led to concomitant improvements in human health. Exploring the contours of this “relationship,” Environmental Protection Agency (EPA) Administrator Gina McCarthy said in her keynote speech that “[t]he thing is, the word ‘relationship’ is too neutral. The link between the health of our planet and the health …
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Michigan Journal of Environmental & Administrative Law
During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it was one …
Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann
Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann
Michigan Journal of Environmental & Administrative Law
In September 1996, when I was nearing the end of my sixth year as a Justice Department environmental crimes prosecutor, one of my colleagues sent me an email that there was a “good-sounding RCRA [Resource Conservation and Recovery Act] knowing endangerment case developing in Idaho.” A twenty-year-old man named Scott Dominguez had collapsed inside a storage tank at an Idaho fertilizer manufacturing facility called Evergreen Resources. Mr. Dominguez could not be rescued for nearly an hour, because firefighters who responded to the scene did not know what was in the tank and what safety precautions they needed to take before …
Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy
Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy
Michigan Journal of Environmental & Administrative Law
The following are the prepared remarks delivered at the University of Michigan Law School’s 2013 Environmental Law and Public Health Conference on September 26, 2013.
Human-Centered Environmental Values Versus Nature-Centric Environmental Values--Is This The Question?, Zygmunt J.B. Plater
Human-Centered Environmental Values Versus Nature-Centric Environmental Values--Is This The Question?, Zygmunt J.B. Plater
Michigan Journal of Environmental & Administrative Law
The challenging background context for much of the discussion and cogitation in the panels and pages of this conference is the unfortunate fact that environmental protection law in virtually all its manifestations is currently faring rather poorly in the public policy arenas of national government. From the public health hazards of residual substances in consumer goods and human breast milk to the mighty troubles of human-caused climate disruption, many of the most significant structures of societal governance are locked in political and financial dysfunctions and impasses. Given the conference’s goal to “explore more deeply the relationship between environmental protection and …