Environmental Law Commons^™

Challenges For Private Sector Conservation: Sanderson's The Future Of Conservation In Tierra Del Fuego, Julia Amrock

Indiana Journal of Global Legal Studies

To date, global protection of biodiversity has been largely dominated by governmental actors. Ecosystems transcending state boundaries find themselves at the mercy of international agreements, for better or for worse. Steven Sanderson of the Wildlife Conservation Society (WCS) suggested for worse in The Future of Conservation, but he gave hope for more effective environmental conservation, if the private sector could gain more standing globally. The plan that Sanderson created for self-assertion of nongovernmental environmental groups describes approaches typically endorsed not by NGOs but by governments: global alliances, political strategy, human-centered conservation, and economic development. This Note isolates the current use …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2005 the Eleventh Circuit courts addressed issues of regulatory interpretation of the Clean Air Act ("CAA"); compliance with the National Environmental Policy Act ("NEPA) in connection with the development of wetlands; and a conflict between the Federal Emergency Management Agency's ("FEMA") coastal flood insurance program and the Endangered Species Act ("ESA"). First, the Eleventh Circuit Court of Appeals invalidated a rule of the Alabama Department of Environmental Management that exempted certain stack emissions that otherwise violated the State Implementation Plan under the CAA. Also, the United States District Court for the Northern District of Alabama heard one of several …

Is The Devil In The Detail? : The Convention On Biological Diversity And The Antinomy Between Global Governance And State Sovereignity Over Plant Resources, Ikechi Mgbeoji

Articles & Book Chapters

The 1992 Convention on Biological Diversity represents an attempt by the international community to take an organic ecosystem approach to the global biodiversity regime. The Convention has the potential to protect plants diminishing rapidly worldwide; despite the problems posed by the concept of national sovereignty, the problematic status of the ‘common heritage of mankind’ concept, the difficulties of holding states responsible for internationally wrongful acts, imbalances in economic power worldwide, and the difficulties inherent in protecting local and indigenous knowledge.

The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia

Natural Resources Journal

No abstract provided.

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.

Environmental Law—Comprehensive Environmental Response, Compensation, And Liability Act—One Foot In The Grave: The Agonizing Death Of Voluntary Cleanup Under Cercla. Cooper Industries, Inc. V. Aviall Services, Inc., 543 U.S. 157 (2004)., Chris Kinslow

University of Arkansas at Little Rock Law Review

No abstract provided.

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Faculty Publications

No abstract provided.

Precious, Worthless, Or Immeasurable: The Value And Ethic Of Water, Gabriel Eckstein

Faculty Scholarship

This Article introduces and briefly explores some of the topics related to the value and ethics of water that were considered at the symposium, Precious, Worthless, or Immeasurable: The Value and Ethic of Water, which took place November 2-4, 2006, at the Texas Tech University School of Law. The purpose of the Symposium was to consider how this precious liquid is valued, assessed, and perceived with regard to law and regulations, economics and commerce, people and communities, culture and religion, and others aspects of society that are impacted by water. While far from a comprehensive analysis of the subject matter, …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Statutes Of Repose And The Equal Protection Clause Of The 14th Amendment Of The U.S. Constitution, Garris G. Ference

ExpressO

No abstract provided.

Slides: Sea Level Rise: Let The Lawsuits Begin!, John P. Casey

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: John P. Casey, Land Use Attorney, Robinson & Cole, Hartford, CT.

1 page and 75 slides.

Using the changing nature of coastal shorelines as a basis for his presentation, Mr. Casey will discuss the challenges of protecting a landowner's interest in preserving her land, while at the same time protecting the environment and respecting the natural changes that are bound to occur over time. Mr. Casey will focus on the how the application of laws designed to protect the environment - especially in cases where changes take place over time to alter the physical characteristics of the land - …

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich

ExpressO

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Government Always Wins: The Government Can Now Recover Certain Oversight Costs Under Cercla Sec. 107. United States V. E.I. Dupont De Nemours And Company, Inc., Erin C. Bartley

Journal of Environmental and Sustainability Law

No abstract provided.

Coexistance Strategies In A Biotech World: Exploring Statutory Grower Protections, A. Bryan Endres

Journal of Environmental and Sustainability Law

No abstract provided.

Consideration Of Cumulative Impacts And A Properly Tiered Ea & Eis: A Guarantee For Eighth Circuit Deference To Agency Decision-Making. Arkansas Wildlife Federation V. United States Army Corps Of Engineers, Travis A. Elliott

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.

Sovereign Immunity And State Implementation Plans: The Success (Or Failure) Of Citizen Suits Under The Clean Air Act. Sierra Club V. Tennessee Valley Authority, Natalie M. Brinkholder

Journal of Environmental and Sustainability Law

No abstract provided.

Ninth Circuit Digs Deep When Reviewing Forest Service Decision. Ecology Center, Inc. V. Austin, Seth D. Oksanen

Journal of Environmental and Sustainability Law

No abstract provided.

Korean Environmental Regulations: Ready To Take On One Of The World's Largest Private Real Estate Development Projects?, Joon H. Kim

Washington International Law Journal

The South Korean government designated three new Free Economic Zones in an effort to become the financial and logistical hub of Northeast Asia. One of these zones, the Incheon Free Economic Zone (“IFEZ”), will encompass 209 square kilometers of completely new development on reclaimed land and is said to be the biggest real estate development project currently in the world. China started using economic zones much earlier in history and although China experienced economic benefits, it also experienced severe environmental degradation in its highly successful special economic zones. Similarly tremendous economic growth will result from the influx of foreign direct …

David Sive Award For Best Brief Overall: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Patrick Muench, Matthew Mcdonald, Dionne Padilla

Pace Environmental Law Review

No abstract provided.

2006 Judges' Edition Bench Memorandum: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Erin Flanagan

Pace Environmental Law Review

No abstract provided.

Best Brief For Appellee: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Amanda Edge-Gougeon, Michael Bentley

Pace Environmental Law Review

No abstract provided.

Best Brief For Intervenor: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Justin Garratt, Mari Lane

Pace Environmental Law Review

No abstract provided.

The Legacy Of John Graham: Strait-Jacketing Risk Assessment, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

When Is Two A Crowd? The Impact Of Federal Action On State Environmental Regulation, Jonathan H. Adler

ExpressO

This article seeks to identify the ways in which federal actions can influence state regulatory choices in the context of environmental policy. The federal government may directly influence state policy choices by preempting state policies or by inducing state cooperation through the use of various incentives and penalties for state action. The federal government may indirectly, and perhaps unintentionally, influence state policy choices as well. Federal policies may encourage greater state regulation by reducing the costs of initiating regulatory action or by placing issues on state policy agendas. Federal regulation may also discourage or even “crowd-out” state-level regulatory action by …

May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao

CAO General 1999-Present

No abstract provided.

May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program

IFC E&S Performance Standards

No abstract provided.

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …