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Articles 451 - 480 of 1008
Full-Text Articles in Environmental Law
Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck
Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck
Journal of Food Law & Policy
I was tempted to entitle this book review something like, "Why the Farm Bill Is the Key to Our Energy Future (Hint: It's Not About Ethanol, Methane Emissions, or Carbon Sinks)." But in addition to being too long to fit across the header of a law review page, such a title would have been slightly misleading. Actually, in Simon Fairlie's view, our future is about ethanol, methane emissions, and carbon sinks - but not in the way our current agricultural policies understand and deal with these subjects.
Eco-Labeling: An Argument For Regulation And Reform, Lauren Sherman
Eco-Labeling: An Argument For Regulation And Reform, Lauren Sherman
Pomona Senior Theses
This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and …
Rulemaking As Politics, Thirty Years On, Michael Herz
Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb
UIC Law Review
No abstract provided.
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
University of Michigan Journal of Law Reform Caveat
The Clean Air Act (CAA) is the primary federal statute regulating the emission of air pollutants. First enacted in 1970, the CAA requires, inter alia, the federal government to establish air quality goals and states to develop implementation plans to achieve those goals. The most stringent requirements of the CAA are imposed on “new” or “modified” sources of pollution, such as sulfur dioxide, nitrous oxides, and particulate matter. Sources that were operating when the CAA was enacted are mostly exempt from regulation under the Act. Because of the substantial costs associated with the CAA standards, there is an incentive for …
Is A Substantive, Non-Positivist United States Environmental Law Possible?, Dan Tarlock
Is A Substantive, Non-Positivist United States Environmental Law Possible?, Dan Tarlock
Michigan Journal of Environmental & Administrative Law
U.S. environmental law is almost exclusively positive and procedural. The foundation is the pollution control and biodiversity conservation statutes enacted primarily between 1969–1980 and judicial decisions interpreting them. This law has created detailed processes for making decisions but has produced few substantive constraints on private and public decisions which impair the environment. Several substantive candidates have been proposed, such as the common law, a constitutional right to a healthy environment, the public trust, and the extension of rights to fauna and flora. However, these candidates have not produced the hoped for substantive law. Many argue that a substantive U.S. environmental …
A Functional Approach To Risks And Uncertainties Under Nepa , Todd S. Aagaard
A Functional Approach To Risks And Uncertainties Under Nepa , Todd S. Aagaard
Michigan Journal of Environmental & Administrative Law
The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of their proposed actions. This requires agencies to make ex ante predictions about environmental consequences that often involve a significant degree of factual risk or uncertainty. Considerable controversy exists regarding how agencies should address such risks and uncertainties. Current NEPA law adopts a largely ad hoc approach that lacks coherence and analytical rigor. Some environmentalists and legal scholars have called for a greater emphasis on worst-case analysis in environmental planning, especially after the recent Deepwater Horizon oil spill in the Gulf of Mexico and the meltdowns …
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman
UIC Law Review
No abstract provided.
American Legal History Survey: Syllabus, Anders Walker
American Legal History Survey: Syllabus, Anders Walker
All Faculty Scholarship
This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
Articles
When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …
Legislative Control Of The Menhaden Fishery, Matthew G. Curtis
Legislative Control Of The Menhaden Fishery, Matthew G. Curtis
Law Student Publications
This article aims to highlight the unique stance taken by Virginia’s legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia’s legislators should recognize the shift towards an ecosystem-based model as the most effective way to sustainably manage fisheries and all natural resources.
The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea
The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea
Journal of Food Law & Policy
In a 1992 letter to the New York Times, a man named Paul Lewis referred to genetically modified (GM) crops as "Frankenfood," and wryly suggested it might be "time to gather the villagers, light some torches and head to the castle." Little did Lewis know that his neologism would become the rallying cry for activists around the world protesting the dangers of genetic engineering. The environmental activist group Greenpeace made great use of the "Frankenfood" epithet in their anti-GM campaigns of the 1990s, though they have since backed away from the word and the hardline stance it represents. But genetically …
Investigating 40 C.F.R. Sec. 124.55(B): State-Court Review Of Npdes Permit Certifications, Tad Macfarlan
Investigating 40 C.F.R. Sec. 124.55(B): State-Court Review Of Npdes Permit Certifications, Tad Macfarlan
University of Michigan Journal of Law Reform
This Note investigates the wisdom and validity of 40 CER. § 124.55(b), a Clean Water Act regulation promulgated by the U.S. Environmental Protection Agency (EPA) as part of the National Pollution Discharge Elimination System (NPDES) permitting program. The Clean Water Act provides affected states with an opportunity to certify federally administered NDES permits before issuance by EPA. State certification is a meaningful moment in water quality regulation, and judicial review of these critical decisions takes place in state courts. Unfortunately, 40 C.ER. § 124.55(b), designed to bring certainty and finality to permit-holders, effectively removes state courts from the process of …
Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn
Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn
Florida A & M University Law Review
No abstract provided.
Strategic Spillovers, Daniel B. Kelly
Strategic Spillovers, Daniel B. Kelly
Journal Articles
The conventional problem with externalities is well known: Parties often generate harm as an unintended byproduct of using their property. This Article examines situations in which parties may generate harm purposely, in order to extract payments in exchange for desisting. Such “strategic spillovers” have received relatively little attention, but the problem is a perennial one. From the “livery stable scam” in Chicago to “pollution entrepreneurs” in China, parties may engage in externality-generating activities they otherwise would not have undertaken, or increase the level of harm given that they are engaging in such activities, to profit through bargaining or subsidies. This …
Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner
Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner
Publications
Unnecessarily broad preemption ruling under the Energy Policy and Conservation Act discourages other states and municipalities from pursuing innovative, environmentally beneficial policies.
The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown
The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown
Publications
No abstract provided.
After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann
After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann
Articles
The Gulf oil spill was the worst environmental disaster in U.S. history, and will be the most significant criminal case ever prosecuted under U.S. environmental laws. The Justice Department is likely to prosecute BP, Transocean, and Halliburton for criminal violations of the Clean Water Act and the Migratory Bird Treaty Act, which will result in the largest fines ever imposed in the United States for any form of corporate crime. The Justice Department also may decide to pursue charges for manslaughter, false statements, and obstruction of justice. The prosecution will shape public perceptions about environmental crime, for reasons that are …
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Elisabeth Haub School of Law Student Publications
The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …
Environmental Law, Caleb A. Jaffe, Sean M. Carney
Environmental Law, Caleb A. Jaffe, Sean M. Carney
University of Richmond Law Review
No abstract provided.
Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen
Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen
University of Michigan Journal of Law Reform
Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Michigan Law Review First Impressions
The Lacey Act was first enacted in 1900 as a narrow measure for domestic bird preservation and agriculture protection. It was significantly amended in 1981 and 1988 to prohibit trafficking in fish and wildlife "taken, possessed, transported, or sold" in violation of state and foreign laws. For the past three decades, the amended statute has provided the federal government with a powerful tool for regulating imports of fish and wildlife. In 2008 Congress expanded its reach still further, responding to widespread concern about the effects of illegal logging on local governance, the environment, and American business by extending the Act's …
Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum
Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum
Journal of Food Law & Policy
Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
University of Richmond Law Review
No abstract provided.
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super
Faculty Scholarship
Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
UIC Law Review
No abstract provided.
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner
Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner
Publications
The U.S. House of Representatives, in June 2009, approved a bill to create a cap and trade system and a system of regulations and subsidies to address the problems of climate change. The U.S. Senate is now considering remedies for climate change. The approach of House Bill 2454 is ill-advised, and should be rejected by the Senate, because of the problems outlined below. I propose that these problems that would not be presented by a carbon tax, a simpler and more effective remedy for the risk of climate change.