Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (350)
- Energy and Utilities Law (284)
- International Law (108)
- Land Use Law (77)
- State and Local Government Law (58)
-
- Water Law (58)
- Constitutional Law (41)
- Comparative and Foreign Law (40)
- Oil, Gas, and Mineral Law (36)
- Agriculture Law (35)
- Food and Drug Law (34)
- Administrative Law (26)
- Animal Law (26)
- Law and Society (20)
- Human Rights Law (19)
- Property Law and Real Estate (19)
- Law and Economics (15)
- Tax Law (12)
- Legislation (11)
- Courts (10)
- International Trade Law (10)
- Consumer Protection Law (9)
- Business Organizations Law (8)
- Health Law and Policy (8)
- Litigation (8)
- Legal History (7)
- Housing Law (6)
- Immigration Law (6)
- Keyword
-
- NELMCC (107)
- Environmental Law (94)
- Climate change (77)
- Environmental law (70)
- New York (37)
-
- Sustainable development (31)
- Environment (26)
- Land use (26)
- Moot court (23)
- Climate Change (22)
- International Law (22)
- EPA (19)
- Zoning (19)
- Energy (17)
- Land Use Planning (16)
- Pollution (16)
- Brazil (13)
- Environmental justice (13)
- Sustainability (13)
- State and Local Government Law (12)
- Water Law (12)
- Wilderness (12)
- Article xiv (11)
- Constitutional protection of the wilderness (11)
- Forever wild (11)
- Greenhouse gases (11)
- Haub Law (11)
- Pace Law (11)
- Clean Water Act (10)
- PECC (10)
- Publication Year
- Publication
- Publication Type
Articles 571 - 600 of 725
Full-Text Articles in Environmental Law
Training Manual On International Environmental Law, Nicholas A. Robinson
Training Manual On International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Without analyzing each of the hundreds of agreements and instruments in the field, this Training Manual seeks to provide a comprehensive overview of the current body of environmental law. It is aimed at legal stakeholders from all backgrounds including government representatives, judges, university professors and students from both developed and developing countries, to enable them to more effectively participate in the global, regional and national efforts to preserve our Earth for future generations. Specific topics are first presented at the international level and then followed by extracts of national legislation showcasing real life examples of how national law today reflects …
Best Brief For Appellant: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Anthony Cotton, Kristin Eisenbraun, Randall Green
Best Brief For Appellant: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Anthony Cotton, Kristin Eisenbraun, Randall Green
Pace Environmental Law Review
No abstract provided.
2005 Judges' Edition Bench Memorandum: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Carlisle Tuggey
2005 Judges' Edition Bench Memorandum: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Carlisle Tuggey
Pace Environmental Law Review
No abstract provided.
Connecticut Nitrogen Credit Exchange Program, Ann Powers
Connecticut Nitrogen Credit Exchange Program, Ann Powers
Elisabeth Haub School of Law Faculty Publications
Long Island Sound is a cherished national natural resource, surrounded by some of the most densely populated land in the country. It has long provided sustenance, economic opportunities and comfort to the spirit for those who inhabit or visit its shores and waters. Like many of our Nation's water bodies, it drains a substantial and diverse watershed, and suffers a broad range of environmental insults. The problem of most concern is the severe shortage of oxygen in the deep waters of the western part of the Sound during summer months. This hypoxia is attributable to excess nitrogen that fuels the …
Of Zombie Permits And Greenwash Renewal Strategies: Ten Years Of New York's So-Called "Environmental Benefit Permitting Strategy", Karl S. Coplan
Of Zombie Permits And Greenwash Renewal Strategies: Ten Years Of New York's So-Called "Environmental Benefit Permitting Strategy", Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This article analyzes the CWA's provisions ensuring public participation in the permitting process and the history of EPA regulations implementing the public participation requirements. The article then examines the EBPS authorizing legislation, DEC's Technical Guidance concerning its implementation of the EBPS, and some instances of DEC's actual practice implementing the EBPS, and compares these procedures with the public participation requirements contemplated by both the CWA and New York State's own clean water implementing legislation, Environmental Conservation Law Article 17. The article concludes that the procedures adopted by the DEC are inconsistent with both the CWA's public participation requirements, as well …
Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson
Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Unique among international organizations, the International Union for the Conservation of Nature and Natural Resources (IUCN) operates at the global, regional, and national levels to build governmental capacity to protect the environment. With a membership of over 75 sovereign states and 800 nongovernmental organizations, IUCN functions as an intergovernmental organization at the transnational level while operationally embodying the maxim "think globally, act locally." IUCN acts as a consortium of environmental scientists and professionals, including environmental lawyers who have proposed and secured adoption of significant environmental treaties such as the Convention on the International Trade in Endangered Species (CITES) and their …
Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn
Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Paradigms Of Positive Change: Reordering The Nation's Land Use System, John R. Nolon
Paradigms Of Positive Change: Reordering The Nation's Land Use System, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article begins with a brief look at the system’s familiar dysfunctions, continues with a lengthier examination of positive examples of reform, emphasizes the importance of coalition building in the reform process, and ends with the observation that reform efforts should be organized by the task of creating essential connections among the governments involved.
Energy-Efficiency: The Best Option For A Secure, Clean, Healthy Future, Richard L. Ottinger
Energy-Efficiency: The Best Option For A Secure, Clean, Healthy Future, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
The risks of dependence on traditional fuels have never been greater or more obvious. Modern civilization and the world economy are facing imminent and clear threats of worldwide terrorism. The oil producing countries of the Middle East are increasingly unstable, confronting the world with potentially calamitous energy and economic disruptions. Domestically, our limited refining capacity creates shortages when demand is high and increases prices even when petroleum supplies are plentiful. Yet most of the world is in a state of denial, happy to bask in the illusory security of temporary Saudi oil production increases. Moreover, these new dangers sit on …
Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon
Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use scholars and practitioners in the United States trace the development of domestic land use law to 1916, when the City of New York adopted the nation's first comprehensive zoning law, and then on to 1926 when the U.S. Supreme Court declared zoning constitutional in Euclid v. Ambler Realty. Some have studied European influences stemming from late nineteenth century regulations and the urban design principles imported from the great cities of the era. Others know about the catastrophic London fire of 1666 and how it transformed society's understanding of why individual property rights, to some degree, must be subject …
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part Two: Statutory Preclusions On Epa Enforcement, Jeffrey G. Miller
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part Two: Statutory Preclusions On Epa Enforcement, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This is the second half of a two-part Article focusing on preclusions against successive enforcement of the environmental statutes. Part One of the Article, printed in Volume 28 of this Journal, examined preclusions against citizen suits and argued that because of the theme-and-variations nature of the preclusion language, that language should be read in accordance with its plain meaning. Part Two, published in this issue, studies the restrictions on enforcement actions by the EPA and reaches the same conclusion.
The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller
The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other …
Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan
Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This article will examine the law of standing, and specifically, the conflicting decisions concerning the importance of voting rights in order to establish organizational standing. The article concludes that voting rights should not be essential to the assertion of representational standing. Nevertheless, the article will also consider alternate forms of organization that will improve an organization's chances of establishing representational standing, while addressing the concerns that lead organizations to avoid a voting membership in the first place.
Judges' Bench Memorandum: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kirstin Etela
Judges' Bench Memorandum: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kirstin Etela
Pace Environmental Law Review
No abstract provided.
Best Brief For Appellant New Union Fly Fisherman's Federation, Inc.: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kathy A. Reichbach, Nicole S. Zellweger
Best Brief For Appellant New Union Fly Fisherman's Federation, Inc.: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Kathy A. Reichbach, Nicole S. Zellweger
Pace Environmental Law Review
No abstract provided.
Best Brief For Intervenor United States: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Douglas Chartier, Richard Lee, Erica Tennyson
Best Brief For Intervenor United States: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Douglas Chartier, Richard Lee, Erica Tennyson
Pace Environmental Law Review
No abstract provided.
Best Overall Brief: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Noah Anstraus, Louise Melchor, Jennifer Sosa
Best Overall Brief: Sixteenth Annual Pace National Environmental Law Moot Court Competition, Noah Anstraus, Louise Melchor, Jennifer Sosa
Pace Environmental Law Review
No abstract provided.
The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson
The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This two-part Article examines the preclusion device, its legislative history, and the decisions interpreting it. Part One examines the device in citizen suit provisions. Part Two, to be published subsequently, will examine the device in EPA enforcement provisions. The two parts develop a unified interpretation of the device in both sets of enforcement provisions to resolve the tension between achieving compliance and protecting prosecutorial discretion. The Article concludes that Congress meant exactly what it wrote and enacted: the device solely precludes the successive enforcement it actually addresses. Several of the most common canons of statutory interpretation lead inexorably to this …
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green
Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article explores the new model of land use decision-making that is based upon bargaining with the landowner. The fact of a bargain raises the issue of whether such bargaining amounts to “contract zoning” based upon a bilateral contract between the municipality and the landowner, which is largely held to be illegal, or a related form of bargaining, not involving an exchange of promises in the context of a bilateral agreement--“conditional zoning.” Part II of this Article discusses the emergence of the development agreement, which involves a contract with a municipality and the developer under which the developer is assured …
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Judges' Bench Memorandum: Fifteenth Annual Pace National Environmental Moot Court Competition, Megan Brillault
Judges' Bench Memorandum: Fifteenth Annual Pace National Environmental Moot Court Competition, Megan Brillault
Pace Environmental Law Review
No abstract provided.
Brief For The Appellant/Appellee, State Of New Union: Fifteenth Annual Pace National Environmental Moot Court Competition, Jill Brown, Melanie Kleiss, David Zoll
Brief For The Appellant/Appellee, State Of New Union: Fifteenth Annual Pace National Environmental Moot Court Competition, Jill Brown, Melanie Kleiss, David Zoll
Pace Environmental Law Review
No abstract provided.
Brief For The Appellee, Goldthumb Mining Co., Inc.: Fifteenth Annual Pace National Environmental Moot Court Competition, Deborah Dunn, Karolyn Klohe, Shawn Aaron Young
Brief For The Appellee, Goldthumb Mining Co., Inc.: Fifteenth Annual Pace National Environmental Moot Court Competition, Deborah Dunn, Karolyn Klohe, Shawn Aaron Young
Pace Environmental Law Review
No abstract provided.
Brief For The Appellant, United States: Fifteenth Annual Pace National Environmental Moot Court Competition, Della Au Belatti, Summer Kupau, Stanton K. Oishi
Brief For The Appellant, United States: Fifteenth Annual Pace National Environmental Moot Court Competition, Della Au Belatti, Summer Kupau, Stanton K. Oishi
Pace Environmental Law Review
No abstract provided.
Land Preservation, John R. Nolon
Land Preservation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This exploration of local preservation law and practice recognizes the critical influences of federal, state, and regional governments. Local governments are instruments of state governments; municipalities derive their authority from state statutes. Extensive control over land use has been given to localities, but important powers have been retained. State governments are the partners of federal agencies that are charged with protecting environmental resources that are subject to federal jurisdiction. The land use system that has evolved over the last century in this country is intensely intergovernmental and interdependent. While this system was not designed as a whole and is often …
Defining The Project Purpose Under Nepa: Promoting Consideration Of Viable Eis Alternatives, Jason J. Czarnezki
Defining The Project Purpose Under Nepa: Promoting Consideration Of Viable Eis Alternatives, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Comment examines how courts should construe EIS project goals under NEPA. Part I provides the basic foundation for EIS alternative analysis by outlining NEPA's goals, framework, and legal development. Part II identifies and discusses two conflicting positions in current case law supporting narrow versus general goal formulations in project purpose evaluation. To resolve this conflict, Part III suggests that courts should reject the narrow formulation in evaluating a project's purpose and objectively inquire into the effect and purpose of the agency's action.