Environmental Law Commons^™

Cleaning Up The Chesapeake Bay: How To Make An Incentive Approach Work For Agriculture, Timothy D. Searchinger

Southeastern Environmental Law Journal

No abstract provided.

Forecasting The Impacts Of Climate Change On Coastal Ecosystems: How Do We Integrate Science And Policy, Brian Helmuth

Southeastern Environmental Law Journal

No abstract provided.

Permitting Trouble In The Marsh: Georgia Courts And The Coastal Marshlands Protection Act, Ross Appel

Southeastern Environmental Law Journal

No abstract provided.

Introduction, G. Emlen Hall

Natural Resources Journal

No abstract provided.

United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles

Natural Resources Journal

No abstract provided.

Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse

Duke Environmental Law & Policy Forum

No abstract provided.

Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown

UF Law Faculty Publications

Emergy synthesis, flrst developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decisionmaking by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some way with both the ecological and the economic impacts of environmental decision making. Unfortunately, existing environmental law statutes tend to incorporate ecological and economic considerations in a simplistic, piecemeal, and awkward fashion. Emergy synthesis incorporates both ecological and economic considerations through a sophisticated scientiic methodology.

Emergy synthesis …

State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker

Sociology, Anthropology, and Social Work Faculty Publications

While criminologists have for some time examined state and corporate crime as separate entities, the concept of state-corporate crime highlighting joint government and private corporate action causing criminal harm is a recent area of study with relatively few published case studies (Matthews and Kauzlarich, 2000). This paper focuses on state-corporate crime at the Paducah Gaseous Diffusion Plant (PGDP) in Paducah, Kentucky, and contributes to the study of state-corporate crime in three ways: (1) it adds a new case study to a field in which there are few published accounts, (2) it assesses the utility of Kauzlarich and Kramer’s (1998) integrated …

The Little Engine That Could: The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck

William & Mary Environmental Law and Policy Review

No abstract provided.

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King

William & Mary Environmental Law and Policy Review

No abstract provided.

The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner

William & Mary Environmental Law and Policy Review

No abstract provided.

Dams And Levees Are Not Enough: The Case For Recognizing A Cause Of Action Against Non-Complying Nfip Communities, Timothy Kozlowski

William & Mary Environmental Law and Policy Review

No abstract provided.

Through A Glass Darkly: Measuring Loss Under Oregon's Measure 37, Edward J. Sullivan

Southeastern Environmental Law Journal

No abstract provided.

'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim

Natural Resources Journal

No abstract provided.

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.

Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman

Duke Environmental Law & Policy Forum

No abstract provided.

Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright

Duke Environmental Law & Policy Forum

No abstract provided.

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson

Duke Environmental Law & Policy Forum

No abstract provided.

Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello

Michigan Law Review

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the …

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling

O'Neill Institute Papers

In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …

Advancing Environmental Law At Pace: A Personal Memoir, A Continuing Challenge, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

How did an unaccredited law school, admitting its first students in 1976, become renowned as a national and international leader in environmental education in less than three decades? What did Pace have to attract some of America’s brightest and best college graduates to pursue their careers in environmental law in White Plains? Why did Yale Law School’s Dean Anthony Kronman, in 1999, call Pace’s program one to which “other law schools look with admiration and envy…one of the best in the country, indeed the world…”

Each generation of alumni intimately knows the answer to these questions, but through the lenses …

Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio

Elisabeth Haub School of Law Student Publications

No abstract provided.

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …

Coastal Regulation In South Carolina: Will The Rising Sea Change The Nature Of Governing Law, Kim Diana Connolly

Other Scholarship

No abstract provided.

The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles C. Jalloh

Articles

No abstract provided.

Farming The Ocean, Ann Powers

Elisabeth Haub School of Law Faculty Publications

Was that salmon you ate for lunch caught in the wild, chill waters of the North Atlantic? What about the mussels you had last night? Did they arrive on your table through traditional capture techniques, or were they a product of the fish-farming industry? And if so, does it matter? What else in your daily life might be a result of deliberate culture of once wild species? Protein in your pet's food, gel in your toothpaste and cosmetics, thickener in your pasta sauce, the seaweed in your sushi? For the most part we pay little attention to where our foods …

The Taking Of America?, Stefanie Sovak

Pace Law Review

No abstract provided.

Zoning, Transportation, And Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 inches …

The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter

Working Papers

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …