Environmental Law Commons^™

Environmental Protection In Kenya: Will The Environmental Management And Co-Ordination Act (1999) Make A Difference, Laurence Juma

Southeastern Environmental Law Journal

No abstract provided.

Greenbacks Still Trump Green Acts: The High Cost Of Electric Power In The Pacific Northwest, Sanford Cox Graves

Southeastern Environmental Law Journal

No abstract provided.

Destroying The Myth Of The Big, Bad Wolf: Red Wolf Protection In Gibbs V. Babbitt, Mary Frances Patrick

Southeastern Environmental Law Journal

No abstract provided.

Cheap And Dirty In The Caribbean, Leena R. Shirley

Southeastern Environmental Law Journal

No abstract provided.

In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King

William & Mary Law Review

No abstract provided.

Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz

Duke Environmental Law & Policy Forum

No abstract provided.

Mandating Environmental Liability Insurance, Benjamin J. Richardson

Duke Environmental Law & Policy Forum

No abstract provided.

Bayesian Approaches To The Precautionary Principle, Stephen Charest

Duke Environmental Law & Policy Forum

No abstract provided.

The Impact Of The Winter's Doctrine On Water Allocation To The Gila River Indian Community, Deana P. Benally

UNLV Theses, Dissertations, Professional Papers, and Capstones

Can the Gila River Indian Community rely upon the Winter's Doctrine (1908) to obtain more water than the past? The purpose of this thesis is to examine the impact of the Winter's Doctrine on the Gila River Indian Community (GRIC). This research paper uses the case study method to evaluate the relevance of the Winter's Doctrine on current negotiations. Results indicate that the Winter's Doctrine is not expected to have much of an impact on current negotiations with the U.S. Congress.

Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on agri-environmental policy from these myths, the discussion of goals and policy instruments will remain mired.

Three Questions For Agriculture About The Environment, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article is the third in my series studying agriculture and environmental law. It asks why agriculture has not evolved toward more environmentally responsible behavior and points to possible "green" solutions that will move agriculture into necessary transformations.

Policy Entrepreneurship, Public Choice, And Symbolic Reform Analysis Of Section 198, The Brownfields Tax Incentive: Carrot Or Stick Or Just Never Mind?, John W. Lee, W. Eugene Seago

William & Mary Environmental Law and Policy Review

No abstract provided.

When Should We Prefer Tort Law To Environmental Regulation?, Keith N. Hylton

Faculty Scholarship

There are two broad models of regulation: statutory schemes carried out by administrative agencies with the help of public enforcement agents, and highly discretionary common law rules developed over time through litigation. Environmental regulation is dominated by the first model, with relatively little of it done through litigation of tort claims. The reason may be largely historical: tort law has always been viewed as local in design and impact, while environmental law has always had a global aim. But it need not be this way. More than anything, tort law has been flexible, and thus capable of responding to new …

March 28. 2002, Terms Of Reference For Cao Contribution To The Extractive Industries Review, Draft, Cao

CAO General 1999-Present

No abstract provided.

Regulatory Accounting: Costs And Benefits Of Federal Regulations: Testimony Before The H. Subcomm. On Energy Policy, Natural Resources, And Regulatory Affairs, Of The H. Comm. On Government Reform, Hearing On Regulatory Accounting, 107th Cong., Mar. 12, 2002 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed

Washington International Law Journal

Sea levels are rising as a result of increasing greenhouse gas concentrations and global warming. The rising seas threaten to submerge many Pacific Island nations within the next century. The island inhabitants have sought help from the global community, but thus far have been denied assistance. However, the island inhabitants could seek redress in U.S. District Courts against major greenhouse gas emitters under the Alien Tort Claims Act. To satisfy the ATCA's requirement that tort claims must be in violation of international law, the islanders could claim that they are victims of environmental human rights violations and possibly genocide. While …

Farmland Stewardship: Can Ecosystems Stand Any More Of It?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Toward Better Bubbles And Future Lives: A Progressive Response To The Conservative Agenda For Reforming Environmental Law, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Bad Science, Linda Greer, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Northern Economic Obligation, Southern Moral Entitlement, And International Environmental Governance, Mark A. Drumbl

Scholarly Articles

Not available.

Environmental Law At Maryland, No. 14, Winter-Spring 2002

Environmental Law at Maryland

No abstract provided.

Justice And Natural Resources: Concepts, Strategies, And Applications, Kathryn M. Mutz, Gary C. Bryner, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado's Wise Law Library: http://128.138.161.92/record=b257401

Contents: PART ONE : FRAMEWORKS: Beyond "traditional" environmental justice / David H. Getches, David N. Pellow -- Assessing claims of environmental justice : conceptual frameworks / Gary C. Bryner -- Water, poverty, equity, and justice in Colorado : a pragmatic approach / James l. Wescoat Jr., Sarah Halvorson, Lisa Headington, Jill Replogle -- International environmental protection : human rights and North-South divide / Tseming Yang -- PART …

Poverty, Wealth, And Obligation In International Environmental Law, Mark A. Drumbl

Scholarly Articles

Developing nations are demonstrating some success in basing their participation in international environmental governance upon commitments by developed nations to provide financial resources and technology transfer. In recent years, these commitments have achieved textual status with a number of multilateral agreements. Part II of this Article identifies and documents treaty-based examples of this swap of resources in exchange for participation, with particular focus on the areas of climate change, biodiversity use/conservation, and ozone protection. This Article suggests that this swap represents a dynamic and emerging relationship between the North and the South that can best be described as a "shared …

Resource Law Notes Newsletter, No. 53, Winter, Feb. 2002, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Colorado Environmental Law Journal

No abstract provided.

Fables Of The Cuyahoga: Reconstructing A History Of Environmental Protection, Jonathan H. Adler

Faculty Publications

On June 22, 1969, just before noon, an oil slick and assorted debris under a railroad trestle on the Cuyahoga River caught fire. The fire attracted national media attention, and helped prompt the passage of federal environmental laws. A river on fire was a symbol of earth in need of repair, and federal regulation was the reparative tool of choice. Much of the Cuyahoga story is mythology, however, a fable with powerful symbolic force. The river did burn in 1969 - as it and other rivers had burned many times before - and today the Cuyahoga and many U.S. rivers …

A Game-Theoretic Approach To Regulatory Negotiation And A Framework For Empirical Analysis, Shi-Ling Hsu

Scholarly Publications

For at least two decades, federal agencies have departed from their traditional role as top-down regulators, and have engaged regulated parties in negotiations regarding matters that were previously either handed down as edict or resolved in quasi-judicial agency proceedings. It is no accident that the increase in agency use of more conciliatory negotiation-oriented strategies coincides with a steady increase in skepticism regarding the effectiveness of regulation at the federal level and demands for less federal control and more state and local control. In this setting, federal agencies have become more inclusive and less adversarial towards regulated parties and other stakeholders, …

Active Sonar And Shipments Of Radioactive Materials, Jon M. Van Dyke

Colorado Environmental Law Journal

No abstract provided.