Environmental Law Commons^™

The Struggle Between Peru's Energy Needs, Indigenous Rights, And Ecosystems, Desiree Moreno Gutierrez

Sustainable Development Law & Policy

No abstract provided.

The Next Generation Of Consumption, Jaesa Mclin

Sustainable Development Law & Policy

No abstract provided.

Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini

Sustainable Development Law & Policy

No abstract provided.

World News, Cari Shiffman

Sustainable Development Law & Policy

No abstract provided.

Volume 7 Issue 4 Journal Du Droit Et Politique Du Développement Durable (French Edition), Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Achieving Energy Independence & Stopping Global Warming Through A New Energy Economy, John Edwards

Sustainable Development Law & Policy

No abstract provided.

State Efforts To Promote Renewable Energy: Tripping The Horse With The Cart?, Benjamin K. Sovacool, Christopher Cooper

Sustainable Development Law & Policy

No abstract provided.

The States And The World: Twin Levers For Reform Of U.S. Federal Law On Toxic Chemicals, Daryl W. Ditz

Sustainable Development Law & Policy

No abstract provided.

Tsca And Engineered Nanoscale Substances, Lynn L. Bergeson, Ira Dassa

Sustainable Development Law & Policy

No abstract provided.

Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer

Sustainable Development Law & Policy

No abstract provided.

The Eu Adopts An Integrated Maritime Policy And Action Plan: Is The U.S. Far Behind Or Ahead?, Joan M. Bondareff

Sustainable Development Law & Policy

No abstract provided.

Subsidies For Corn-Derived Ethanol May Leave Us Thirsty, Michael W. Lore

Sustainable Development Law & Policy

No abstract provided.

Defending State’S Rights Under The Coastal Zone Management Act—State Of California V. Norton, Linda Krop

Sustainable Development Law & Policy

No abstract provided.

Category 3 Wake-Up Call: Recognizing The Importance Of Mississippi Delta Restoration, Matt Irwin

Sustainable Development Law & Policy

No abstract provided.

Preparing For The Day After Tomorrow: Frameworks For Climate Change Adaptation, Ira R. Feldman, Joshua H. Kahan

Sustainable Development Law & Policy

No abstract provided.

Solar Power In The Southwest: From Chile Ristras To Solar Roofs, Matthew Padilla

Sustainable Development Law & Policy

No abstract provided.

The U.S. Federal Green Building Policy, Eunjung Park

Sustainable Development Law & Policy

No abstract provided.

Green Mountain Chrysler Plymouth Dodge Jeep V. Crombie, Addie Haughey

Sustainable Development Law & Policy

No abstract provided.

From Words To Action: The Impact And Legal Status Of The 2006 National Wildlife Refuge System Management Policies, Robert L. Fischman

Articles by Maurer Faculty

On June 26, 2006, the U.S. Fish and Wildlife Service (FWS) issued three new final policies governing the conservation of the national wildlife refuge system. These new agency manual provisions nearly complete an implementation project that began shortly after Congress enacted an organic statute in 1997 for management of the refuges. This article briefly reviews the significance of the 1997 legislation and places the new policies in the context of the statutory framework. It then discusses the most important aspects of the policies in terms of both practical refuge management and broader trends in natural resources law. The article evaluates …

Climate Change, Adaptation, And Development, Daniel H. Cole

Articles by Maurer Faculty

Since the signing the Kyoto Protocol, the international community has focused a great deal of attention on measures designed to reduce emissions of greenhouse gases. Much less attention has been paid to climate change adaption. This is unfortunate because, even if the Kyoto Protocol is fully implemented, climate change will generate substantial costs requiring substantial adaptation efforts, especially in the less developed countries (LDCs) of the world's tropical regions.

This paper considers what those countries should be doing in preparation for the effects of climate change, and what the countries of the developed world, including the United States, can and …

Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

What Is Natural Resources Law?, Robert L. Fischman

Articles by Maurer Faculty

A recent flurry of new natural resources law casebooks, coming a quarter-century since the publication of the last significant new teaching materials, is an occasion to revisit the boundaries that define the field. The similarities among the casebooks are stronger than their differences, and represent a consensus about what composes natural resources law. The published teaching materials as well as an informal poll of natural resources law professors show a substantial overlap between natural resources and environmental law course coverage. Administrative implementation of statutes dominates both subjects. Both courses typically cover environmental impact analysis and endangered species protection. The new …

Walk Along My Mind: Space, Mobility, And The Significance Of Place, Jill M. Fraley

Scholarly Articles

In America mobility is seen as a measure of success, especially for persons born in rural areas, who are assumed to want to “move on up” as soon as possible. This pressure toward both social and spatial mobility is especially strong when the birthplace is an oppressed region such as Appalachia. Ironically, while the rest of the world has disowned Appalachia, the residents of the mountains have repeatedly proclaimed the significance of cultural investment in land. This article approaches the concept of place, illuminating several variations on the theme, while particularly illustrating the strength of place claimed by Appalachia.

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Law Faculty Research Publications

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging in North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central to the United …

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Law Faculty Publications

Following a basic description of the New Jersey program, I will discuss two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program. My aim is more modest than a full-scale re-evaluation of all brownfields programs (or indeed of the New Jersey program in its totality); instead I look at the experience within one program to assess whether there is movement toward the development-centered approach. I find that some developments in New Jersey are positive, notably the BDA's approach to addressing multiple brownfield sites concurrently in the same location. On the other …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Tough Love: Should We Analyze Federal Emergencymanagement Agency Disaster Planning Under The National Environmental Policy Act?, Katherine Hausrath

UC Law Environmental Journal

No abstract provided.

Proceedings Of The 107th Asil Annual Meeting, Introductory Remarks, Multipolar Governance Across Environmental Treaty Regimes, Mark A. Drumbl

Scholarly Articles

This panel was convened at 9:00 am, Saturday, April 6, by its moderator, Mark Drumbl of Washington and Lee University, who introduced the panelists: Kim Diana Connolly of Buffalo Law School; David Downes of the Office of International Affairs, U.S. Department of the Interior; Timo Koivurova of the Arctic Center, University of Lapland; and Katharina Kummer Peiry of Kummer EcoConsult.

No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill

Faculty Articles

Regulation in the environmental context has, until recently, been guided by risk reduction - strategies that require risk-producers to prevent, limit, or clean up contaminants. However, it has increasingly come to rely on "risk avoidance" - strategies that call upon risk-bearers to alter their practices and ways of living so as to avoid exposure to contaminants left unabated. For example, women and children might be asked to eliminate fish from their diets to avoid the risks of methylmercury contamination; asthmatics might be advised to refrain from going outside on "ozone alert" days to avoid the risks of ground-level ozone pollution; …

At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith

Animal Law Review

Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …