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Articles 451 - 480 of 725

Full-Text Articles in Environmental Law

Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon Jan 2012

Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

This article will consider the case for instituting a domestic agency that would evaluate the findings from Intergovernmental Panel on Climate Change (IPCC) assessments to improve the credibility and legitimacy of those claims and conclusions for multiple purposes. The proposed agency would consider the robustness of an assessment's conclusions by construing the evidence through the lens of Daubert rather than Frye. Part I will outline the public debate about climate science-what the debate is about and why it exists. Part II will examine the current role of the IPCC-what it is and why it has not been successful in legitimating …

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Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh Jan 2012

Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This article considers climate change questions in the context of a particular type of contaminated site--sites with contaminated sediments subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although climate change may impact a variety of waste sites in different ways, even those without sediment contamination, this article focuses on sediment sites so as to frame a more manageable inquiry susceptible to in-depth treatment. The following section, Part II, identifies the vulnerability of contaminated sediment sites to climate change. The section describes sediment contamination, regulatory approaches to remediating contaminated sediments, and how climate change may impact sediment remedies. …

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The Principle Of Resilience, Lia Helena Monteiro De Lima Demange Nov 2011

The Principle Of Resilience, Lia Helena Monteiro De Lima Demange

Dissertations & Theses

This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact …

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Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto Sep 2011

Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …

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Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson Jul 2011

Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Achieving climate justice and the Millennium Development Goals (“MDGs”)2 are mutually reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.

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Unanswered Questions From The Vaccine Injury Compensation Program: A Review Of Compensated Cases Of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, Lisa Colin May 2011

Unanswered Questions From The Vaccine Injury Compensation Program: A Review Of Compensated Cases Of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, Lisa Colin

Pace Environmental Law Review

No abstract provided.

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Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon Mar 2011

Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.

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Water, Climate, And Energy Security, Elizabeth Burleson Jan 2011

Water, Climate, And Energy Security, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.

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The Cancún Climate Conference, Elizabeth Burleson Jan 2011

The Cancún Climate Conference, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

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Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson Jan 2011

Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures. Part II of this article will address emergency preparedness for effective disaster response. Part III will analyze how decision-makers can use adaptive management in a shared local, regional, national, and international cohesive frame- work. Part IV will recommend resilient green building strategies. This article concludes that in the midst of an unprecedented energy revolution, there are meaningful emergency preparedness measures that the international community can facilitate to build resilience in the face of natural and unnatural disasters.

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Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki Jan 2011

Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …

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The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki Jan 2011

The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article discusses public and private efforts to inform consumers about environmentally preferable food choices. Part II describes the environmental consequences of the modern food system. Part III describes existing public and private eco-labeling regimes, including organic labeling, carbon footprint labeling, and country of origin labeling.

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Capturing Individual Harms, Katrina Fischer Kuh Jan 2011

Capturing Individual Harms, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …

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Climate Policy & U.S.-China Relations, Jason J. Czarnezki Jan 2011

Climate Policy & U.S.-China Relations, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

The Chinese stance, that no cap on carbon emissions will ever exist no matter how high, may be a product of China's belief in a cold and hard, and potentially true, reality-that global economic power is paramount and will provide the only avenue to adapt to an inevitable climate crisis, as well as achieve the milestones of superpower status, many of which they have already achieved (e.g., Olympic Games, World Expo, United Nations Security Council). While China's policy remains problematic, as is United States' failure to lead in the international community on the issue of climate change, China's actions, while …

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From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Elizabeth Burleson Jan 2011

From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human lights and environment fields can advance both and enhance resilience.

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Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio Jan 2011

Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio

Elisabeth Haub School of Law Faculty Publications

This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …

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Historic Preservation And The Wilderness, Seth Kagan Dec 2010

Historic Preservation And The Wilderness, Seth Kagan

Elisabeth Haub School of Law Student Publications

The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV …

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History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver Dec 2010

History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver

Elisabeth Haub School of Law Student Publications

Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …

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Legislative History And Current Bills Related To The Constitution Convention, Michael Friese Dec 2010

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 …

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“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson Dec 2010

“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson

Elisabeth Haub School of Law Student Publications

Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This …

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Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun Dec 2010

Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun

Elisabeth Haub School of Law Student Publications

The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.

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Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon Dec 2010

Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon

Elisabeth Haub School of Law Student Publications

The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” …

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Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi Dec 2010

Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi

Elisabeth Haub School of Law Student Publications

Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve …

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Wildlife Management And The Forest Preserve, Jeffrey Auger Dec 2010

Wildlife Management And The Forest Preserve, Jeffrey Auger

Elisabeth Haub School of Law Student Publications

The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for New …

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Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin Dec 2010

Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin

Elisabeth Haub School of Law Student Publications

When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify the …

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A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch Dec 2010

A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch

Elisabeth Haub School of Law Student Publications

The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve …

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The Law Of Sustainable Development: Keeping Pace, John R. Nolon Nov 2010

The Law Of Sustainable Development: Keeping Pace, John R. Nolon

Pace Law Review

No abstract provided.

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2010 Judges' Edition Memorandum, Hana C. Heineken Oct 2010

2010 Judges' Edition Memorandum, Hana C. Heineken

Pace Environmental Law Review

No abstract provided.

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2010 Moot Court Problem, Jeffrey G. Miller, Alexandra Dapolito Dunn, Sean T. Dixon Oct 2010

2010 Moot Court Problem, Jeffrey G. Miller, Alexandra Dapolito Dunn, Sean T. Dixon

Pace Environmental Law Review

No abstract provided.

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