Environmental Law Commons^™

Implementing Effective Regional Ocean Governance: Perspectives From Economics, Susan Steele Hanna

Duke Environmental Law & Policy Forum

No abstract provided.

New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria

Natural Resources Journal

No abstract provided.

Charting A Course Toward Ecosystem-Based Management In The Gulf Of Mexico, Ingrid Nugent, Laura Cantral

Duke Environmental Law & Policy Forum

No abstract provided.

Regional Ocean Governance In The United States: Concept And Reality, Marc J. Hershman, Craig W. Russell

Duke Environmental Law & Policy Forum

No abstract provided.

Regional Governance And Ecosystem-Based Management Of Ocean And Coastal Resources: Can We Get There From Here, Andrew A. Rosenberg

Duke Environmental Law & Policy Forum

No abstract provided.

You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson

Duke Environmental Law & Policy Forum

No abstract provided.

Mar. 29, 2006, Int'l Acc. Project, Analysis Of Ifc Perf. Standard 5, Ifc

IFC E&S Performance Standards

No abstract provided.

Congress' Pet: Why The Clean Air Act’S Favoritism Of California Is Unconstitutional Under The Equal Footing Doctrine , Valerie Jm Brader

ExpressO

The Clean Air Act gives two regulatory powers to one state – California – that it forbids to all others: the power to regulate fuels, and the power to regulate motor vehicle construction. This paper makes the novel argument that by creating a differential in power between the states, these provisions violate the equal footing doctrine, and are therefore unconstitutional. In doing so, it is the first law review article to provide a complete history of the doctrine, a foundational principle that pre-dates the Constitution and remains the law of the land today. Though the doctrine has been relegated to …

Mar. 15, 2006, D. Hunter, Memo To A. Durbin & S. Herz Re Analysis Of Ifc Perf. Standards Against Old Safeguards, David Hunter, Andrea Durbin, Steve Herz

IFC E&S Performance Standards

No abstract provided.

Getting Into The Act: Enticing The Consumer To Become “Green” Through Tax Incentives, Roberta F. Mann, Mona L. Hymel

ExpressO

Energy tax incentives have historically focused on the supply of energy sources. The U.S. government spends billions of dollars each year propping up the petroleum industry through tax incentives. For example, oil and gas incentives encourage production and enhanced oil recovery strategies. Furthermore, most of the tax incentives directed towards “environmentally friendly” technologies focus on creating new technology or increasing alternative fuel supplies. Meanwhile, federal policy makers have largely neglected the demand side of the energy equation. Properly designed tax incentives can effectively encourage energy consumers to conserve energy and use different energy sources. On the federal level, the clean …

Mar. 6, 2006, Consultation Advisory 13, Final Version Of E&S Safeguards Available On Wb Website, Lucie Giraud

IFC E&S Performance Standards

No abstract provided.

Localism's Ecology: Protecting And Restoring Habitat In The Suburban Nation, Jamison E. Colburn

ExpressO

There is wide agreement among conservation activists and scientists alike that loss and alteration of habitat are the leading threats to biodiversity in America. Suburbs and exurbs, though, are only beginning to acknowledge that they are the problem in the struggle to stem the tide of “sprawl” and other economic processes producing ecosystem-wide habitat degradation today. A recent resurgence in academic and activist attention to local governments in America is reconsidering them as viable solutions to this problem. But most of this dialogue is being based upon a mistaken conception of local governance. Much of the legal scholarship on local …

Regulatory Reform: The New Lochnerism?, David M. Driesen

ExpressO

This article explores the question of whether contemporary regulatory reformers’ attitudes toward government regulation have anything in common with those of the Lochner-era Court. It finds that both groups tend to favor value neutral law guided by cost-benefit analysis over legislative value choices. Their skepticism toward redistributive legislation reflects shared beliefs that regulation often proves counterproductive in terms of its own objectives, fails demanding tests for rationality, and violates the natural order. This parallelism raises fresh questions about claims of neutrality and heightened rationality that serve as important justifications modern regulatory reform.

Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie

Washington and Lee Law Review

No abstract provided.

Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster

Faculty Publications

1970 was a big year for environmental law. The first of the major federal environmental statutes, the National Environmental Policy Act ("NEPA"), went into force. The first Earth Day was observed. The federal Clean Air Act underwent revolutionary changes, and the United States Environmental Protection Agency ("EPA") was created. Many states also passed ambitious environmental legislation and created new agencies.1970, as is often said, began the "Environmental Decade," when the basic blueprint was drawn for the building of modem environmental law.

The desire of environmental activists for ringing judicial pronouncements of environmental awareness and creative new theories and remedies for …

Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee

BYU Law Review

No abstract provided.

Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer

Cardozo Law Review

No abstract provided.

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler

Faculty Publications

This Article is the first academic paper to systematically consider the environmental impact of the Supreme Court's decision in Kelo v. City of New London and of economic development condemnations more generally. Kelo upheld economic development takings - condemnations that transfer property from one private owner to another solely on the ground that doing so might improve the local economy or increase tax revenue. The decision stands in sharp contrast to the Michigan Supreme Court's ruling in County of Wayne v. Hathcock, which forbade the use of eminent domain for economic development.

Part I briefly explains the rationales of the …

Wind Energy And Its Impact On Future Environmental Policy Planning: Powering Renewable Energy In Canada And Abroad, Kamaal Zaidi

ExpressO

With the rising demand for energy from finite conventional sources such as coal and natural gas, the emphasis on modern environmental policy planning for renewable energy is rapidly gaining attention. In particular, wind energy projects that include wind turbine technology is helping drive this trend towards cheaper, cleaner, and more reliable forms of energy that provide electricity to consumers. This paper provides an introductory review of wind energy, outlining its history, technology, and current legislative frameworks adopted by various nations in harnessing renewable energy. This analysis includes a thorough discussion of Canada’s approach, but continues with renewable wind programs in …

Disappearing Acts – Toward A Global Civil Liability Regime For Pollution Damage Resulting From Offshore Oil And Gas Exploration, Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

Civil liability for pollution damage is recognized and firmly established under international law. However, there is no global international treaty that addresses this issue with respect to offshore oil and gas exploration. This may be due partly to the infrequency of the occurrence of offshore oil well blowouts. However, offshore operations represent a constant threat to the marine environment since the risk of a blowout leading to an ecological disaster is ever present. The trend has been the adoption of regional agreements to tackle the issue. However, most of the regional arrangements deal with the issue in a sidelong manner …

Conservation Cartels: How Competition Policy Conflicts With Environmental Protection, Jonathan H. Adler

Faculty Publications

The alleged purpose of antitrust law is to improve consumer welfare by proscribing actions and arrangements that reduce output and increase prices. Conservation seeks to improve human welfare by maximizing the long-term productive use of natural resources, a goal that often requires limiting consumption to sustainable levels. While conservation measures might increase prices in the short run, they enhance consumer welfare by increasing long-term production and ensuring the availability of valued resources over time. That is true whether the restrictions are imposed by a private conservation cartel or a government agency. Insofar as antitrust law fails to take this into …

Free And Green: A New Approach To Environmental Protection, Jonathan H. Adler

Faculty Publications

Most Americans consider themselves environmentalists, yet most experts are dissatisfied with existing environmental regulations, which are both inefficient and inequitable. Worse, many don't serve environmental goals. This article outlines an alternative approach to environmental policy based on market institutions and property rights rather than central-planning and bureaucratic control. The aim is both to improve environmental protection and lessen the costs ? Economic and otherwise ? Of achieving environmental goals. It seeks to ensure that Americans' environmental values are advanced without sacrificing the individual liberties the American government was created to protect.

The problem with current regulatory approaches is not merely …

Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad Emerson

ExpressO

No abstract provided.

Feb. 3, 2006, Ifc, Working Draft E&S Review Procedures, V.05, Ifc

IFC E&S Performance Standards

No abstract provided.

The Real Problem With New Source Review, Shi-Ling Hsu

Scholarly Publications

Editors’ Summary: When the CAA was amended in 1977, the U.S. Congress imposed pollution control requirements on new stationary sources of air pollution, called new source review (NSR), but exempted existing facilities from such requirements. By creating a more favorable regulatory environment for existing facilities than for new ones, “grandfathering” creates an incentive to keep old facilities up and running. Moreover, as a command-and control program, requiring capital expenditures for pollution control equipment makes the capital sluggishness problem worse. Combined with often confusing EPA policies and a changing political environment, NSR has resulted in a running battle between the regulated …

Feb. 2006, M. Warner, Odi, Opinions, New Benchmark For E&S Performance, Michael Warner

IFC E&S Performance Standards

No abstract provided.

New Directions In Conservation For The National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, James R. Karr, Daniel M. Ashe, Michael Scott, Reed F. Noss, Richard L. Schroeder

Articles by Maurer Faculty

The National Wildlife Refuge System Improvement Act of 1997 includes the nation’s broadest statutory commitment to ecosystem protection: to “ensure that the biological integrity, diversity, and environmental health of the system are maintained.” The act also directs the US Fish and Wildlife Service (FWS) to expand the scope of conservation monitoring, assessment, and management beyond refuge boundaries to encompass surrounding landscapes. The act thus gives the FWS a leadership role in developing research and management partnerships with other agencies, organizations, and neighboring landowners. Increasing research capacity and scientific expertise, and strengthening institutional resolve to limit activities that impede the attainment …

Sustainable Development And Terrorism: International Linkages And A Case Study Of Sri Lanka, Sumudu Atapattu

William & Mary Environmental Law and Policy Review

No abstract provided.

Sustainable Development And National Security, Sanford E. Gaines

William & Mary Environmental Law and Policy Review

No abstract provided.

Restructuring America's Government To Create Sustainable Development, Jeffrey Rudd

William & Mary Environmental Law and Policy Review

No abstract provided.