Environmental Law Commons^™

The Public Trust Doctrine, Parens Patriae, And The Attorney General As The Guardian Of The State’S Natural Resources, Allan Kanner

Duke Environmental Law & Policy Forum

No abstract provided.

The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck

Scholarly Articles in Law Reviews & Journals

The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …

Toward A Common Law Of Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article suggests ways in which the common law can integrate concepts of ecosystem services to fulfill pragmatic objectives of common law doctrine. Rather than requiring a radical departure from traditional common law doctrine as is often proposed in environmental literature on the common law, ecosystem services can fold seamlessly into existing common law principles as a source of new knowledge and changed circumstances.

Furthering Consumer Safety Of Medical Devices: The Necessity Of A Device-Specific State Law As Required For Express Preemption Under The Mda, Rachel Mervis

Cardozo Law Review

No abstract provided.

Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky

ExpressO

Based on the current state of EU law and the political sentiment surrounding Genetically Modified Organisms, this paper argues that the best approach to regulating the import and export of GMOs into the Community and between Member States is by what I will call for the purposes of this Paper “regulatory anarchy.” This system sits in opposition to a hierarchical regulatory approach which may be associated with traditional neo-functionalist theories of Community integration. Applied in the context of GMOs, regulatory anarchy envisions integration not coming solely from Community rules conceived by the Commission, but by Member State negotiated rules accomplished …

Sovereignty, Self-Determination, And Environment-Based Cultures: The Emerging Voice Of Indigenous Peoples In International Law, Peter Manus

ExpressO

This article presents a survey of both the rhetoric and applications of international law addressing indigenous peoples' environmental rights. Part I assesses three terms that are widely used in international instruments - sovereignty, human rights, and self-determination - for their applicability to the environment-related interests of indigenous peoples. Part II presents a sixty year litany of international instruments as a means of tracing the evolution of global awareness of the uniquely vulnerable position that indigenous people occupy in the world community in connection with their environmental interests. Part III offers a comparative analysis of the cases Kitok v. Sweden and …

Can Business Learn To Love The Environment? The Case For A U.S. Corporate Carbon Fund, Sophie E. Smyth

ExpressO

No abstract provided.

Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival

Faculty Scholarship

The papers of the late Justice Harry A. Blackmun provide a remarkably rich archive that documents how the Court, for nearly a quarter century, handled environmental cases during a period crucial to the development of environmental law. This Article reviews highlights of what the Blackmun papers reveal about the U.S. Supreme Court’s handling of environmental cases during Justice Blackmun’s service on the Court from 1970 to 1994. The Article first examines what new light the Blackmun papers shed on some of the principal findings of the author’s October 1993 article Environmental Law in the Supreme Court: Highlights from the Marshall …

Nov. 23, 2005, A. Durbin, Foe, And D.Hunter, Ciel (Undated And Unauthored) Redline Edits On Psa 1, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept 22, 2005 Draft Policy And Perf Standards For Public Release (Clean), Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005, Ifc Consultation Advisory No.10, Ifc Releases Draft Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005, Ifc, Draft Policy And Performance Standards (With Dh Side Comments), Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005 Ifc Draft Background To The Updated Guidance Notes, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005, Ifc, Working Draft E&S Review Procedures, Ifc

IFC E&S Performance Standards

No abstract provided.

Performance Standard 4-Community Health And Safety Public Release Draft, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 16, 2005, (Undated) Summary Note Covenant Compliance Certificates, Ifc

IFC E&S Performance Standards

No abstract provided.

Getting Around The Gatt: Passing Gatt-Legal Legislation To Protect Marine Living Resources, Brad L. Milkwick

ExpressO

The WTO has been called, among other things, anti-environment. This is due in large part to the position that GATT dispute settlement panels have taken on environment-friendly legislation—such legislation is often struck down as being unduly restrictive of trade and therefore unenforceable under the GATT/WTO agreement. For example, in three seminal disputes that were brought before the GATT (often referred to as the Tuna/Dolphin I, Tuna/Dolphin II, and Shrimp/Turtle disputes), GATT dispute settlement bodies “recommended” against the United States and in favor of the countries which were allegedly engaging in environmentally-destructive practices. This article looks at those recommendations in some …

Sept.7, 2005, Ifc, Review Of Ifc Safeguards Policies, For Code Mtg, Ifc

IFC E&S Performance Standards

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

An Unnatural Disaster: The Aftermath Of Hurricane Katrina, David M. Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert L. Glicksman, Carmen G. Gonzalez, David J. Gottlieb, Donald T. Hornstein, Douglas A. Kysar, Thomas O. Mcgarity, Catherine A. O'Neill, Clifford Rechtschaffen, Christopher Schroeder, Sidney Shapiro, Rena I. Steinzor, Joseph P. Tomain, Robert R.M. Verchick, Karen Sokol

Faculty Scholarship

No abstract provided.

Esrp 6_Direct Investments_Supervision, Ifc

IFC E&S Performance Standards

No abstract provided.

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.

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.

2005 Judges' Edition Bench Memorandum: Seventeenth Annual Pace National Environmental Law Moot Court Competition, Carlisle Tuggey

Pace Environmental Law Review

No abstract provided.

The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna

Faculty Scholarship

This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …

Hypoxia In The Gulf Of Mexico: A Legal And Practical Analysis, Bradford T. Mclane

ExpressO

Each year, a large area of the Gulf of Mexico is seasonally depleted of life-giving oxygen. Called hypoxia, the phenomenon threatens to bring about a collapse of the Gulf’s marine ecosystem. A voluntary regime is working to address this threat, and has set a year 2015 goal of considerably reducing the size of the Gulf hypoxic area to less than 5,000 square kilometers by 2015. Implementation of this goal will entail an estimated reduction in nitrogen loading to the Gulf of at least thirty percent.

This note analyzes the conceptual transformation of this voluntary regime into a regulatory one. Because …

Embracing Uncertainty, Complexity And Change: An Eco-Pragmatic Reinvention Of A First Generation Environmental Law, Mary Jane Angelo

ExpressO

ABSTRACT Embracing Uncertainty, Complexity and Change: An Eco-Pragmatic Reinvention of a First Generation Environmental Law Mary Jane Angelo, University of Florida Levin College of Law Recent scientific reports demonstrate that despite more than thirty years of environmental regulation, we are experiencing unprecedented declines in bird and wildlife species, as well as ecosystem services. Pesticides are at least in part to blame for these profound declines. U.S. pesticide law has failed to carryout its mission. Moreover, a number of lawsuits have been filed recently asserting that the registration of certain pesticides is in violation of the federal endangered species act. One …

Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver

Endangered Species Act Congressional Field Tour (August 17-19)

10 pages (includes color illustrations and map).

Contains references.

Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages (includes illustration).

Contains references.

Day 3: Friday, 19 August 2005: States And The Esa, Pam Inmann, Tom Norton

Endangered Species Act Congressional Field Tour (August 17-19)

1 page.

Contains references.