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Articles 151 - 180 of 522
Full-Text Articles in Environmental Law
Resolving Conflict In Non-Ideal, Complex Systems: Solutions For The Law-Science Breakdown In Environmental And Natural Resource Law, Barbara Cosens
Resolving Conflict In Non-Ideal, Complex Systems: Solutions For The Law-Science Breakdown In Environmental And Natural Resource Law, Barbara Cosens
Articles
In 2006, the U.S. Supreme Court decided a consolidated case concerning the scope of the U.S. Army Corps of Engineers' jurisdiction to require permits for dredge and fill of wetlands under section 404 of the Clean Water Act, issuing a plurality, two concurrences, and two dissents. Each opinion has a solid legal foundation, yet none truly makes sense if the science of the resource in question is considered. The opinions in Rapanos v. United States illuminate the struggle at the law-science interface. The problem is not due to either a failure in legal reasoning or a failure in scientific methodology …
Environmental Perspectives: Spring 2008, Environmental Law Program
Environmental Perspectives: Spring 2008, Environmental Law Program
Environmental and Energy Law Perspectives
No abstract provided.
Can Red Clay Go Green? Adapting Law And Policy In The Face Of Climate Change, 20th Annual Red Clay Conference, Daniel M. Bodansky, David D. Caron, Mary Carr, Heidi Davison, David Hunter, Josh Love, James Marlow
Can Red Clay Go Green? Adapting Law And Policy In The Face Of Climate Change, 20th Annual Red Clay Conference, Daniel M. Bodansky, David D. Caron, Mary Carr, Heidi Davison, David Hunter, Josh Love, James Marlow
Conferences and Symposia to 2010
Program for the 20th Annual Red Clay Conference held Friday, April 4, 2008 at the University of Georgia School of Law's Dean Rusk Hall.
Cercla's Cost Recovery Statute Of Limitations: Closing The Books Or Waiting For Godot, Alfred R. Light
Cercla's Cost Recovery Statute Of Limitations: Closing The Books Or Waiting For Godot, Alfred R. Light
Southeastern Environmental Law Journal
No abstract provided.
Money, And Radioactive Waste: The Savannah River Site Conundrum, W. Chris Swett
Money, And Radioactive Waste: The Savannah River Site Conundrum, W. Chris Swett
Southeastern Environmental Law Journal
No abstract provided.
Collaboration In Mexico: Renewed Hope For The Colorado River Delta, Francisco Zamora-Arroyo, Osvel Hinojosa-Huerta, Edith Santiago, Emily Brott, Peter Culp
Collaboration In Mexico: Renewed Hope For The Colorado River Delta, Francisco Zamora-Arroyo, Osvel Hinojosa-Huerta, Edith Santiago, Emily Brott, Peter Culp
Nevada Law Journal
No abstract provided.
Collaboration And The Colorado River Compact, Patricia Mulroy
Collaboration And The Colorado River Compact, Patricia Mulroy
Nevada Law Journal
No abstract provided.
The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandra Zellmer
The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandra Zellmer
Nevada Law Journal
No abstract provided.
An Ecosystem Perspective On Collaboration For The Colorado River, Robert W. Adler
An Ecosystem Perspective On Collaboration For The Colorado River, Robert W. Adler
Nevada Law Journal
No abstract provided.
Western Wetlands In Jeopardy After Rapanos V. United States: Congressional Action Needed To Define "Navigable Waters" Under The Clean Water Act, Jenny L. Routheaux
Western Wetlands In Jeopardy After Rapanos V. United States: Congressional Action Needed To Define "Navigable Waters" Under The Clean Water Act, Jenny L. Routheaux
Nevada Law Journal
No abstract provided.
Introduction: Collaboration Good Or Bad: How Is It Working On The Colorado River?, Jean R. Sternlight
Introduction: Collaboration Good Or Bad: How Is It Working On The Colorado River?, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Collaborative Management Of The Glen Canyon Dam: The Elevation Of Social Engineering Over Law, Joseph M. Feller
Collaborative Management Of The Glen Canyon Dam: The Elevation Of Social Engineering Over Law, Joseph M. Feller
Nevada Law Journal
No abstract provided.
Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey
Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey
Indiana Law Journal
The U.S. Endangered Species Act requires the US. Fish and Wildlife Service to use the "best available" information when deciding whether to list species as threatened or endangered, and when regulating conservation for species already listed. The agency has discretion to determine the types, quantity, and quality of the information it uses as "best available, "but little discretion to defer decision making in cases where important scientific information is lacking. Complexities of nature, obscurity of many species' life history, and changing environmental circumstances are only some of the reasons why information is rarely complete, and why decisions are almost always …
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Indiana Law Journal
Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …
Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya C. Wright
Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya C. Wright
UF Law Faculty Publications
This Article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors that are to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. However, the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property …
Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy
Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy
UF Law Faculty Publications
This paper focuses on a public trust resource -- wetlands -- and examines an issue that has been studied primarily with reference to health-based pollution-control statutes. This paper assesses whether information gaps create an obstacle to successful regulation under section 404 of the Clean Water Act (CWA or "the Act") as it applies to discharges of dredged and fill material in wetlands. It focuses on how section 404 and the regulations governing permitting determine information demands, information supply, and the legal consequences of a gap between supply and demand. The goal of this inquiry into the demand/supply/consequences scheme is to …
Forward, John S. Applegate, Robert L. Fischman
Forward, John S. Applegate, Robert L. Fischman
Indiana Law Journal
Scientific information has become a centralr ationalef or environmental regulation, and scientific uncertainty is viewed as a major obstacle in developing, justifying, and enforcing environmental laws and policies. In the context of environmental regulation, scientific information may be analyzed as subject to both supply and demand. A regulatory system that supplies more scientific information than it demands can operate effectively to impose protective regulation. By contrast, a system that demands more information than it supplies will face a "data gap "and will fail to accomplish its protective goals. The data gap can be addressed by applying regulatory techniques that increase …
Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy
Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor
Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner
Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman
The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Why A Different Approach Is Required If Global Climate Change Is To Be Controlled Efficiently Or Even At All, Alan Carlin
Why A Different Approach Is Required If Global Climate Change Is To Be Controlled Efficiently Or Even At All, Alan Carlin
William & Mary Environmental Law and Policy Review
No abstract provided.
Fairness And Equity In Climate Change, Friedrich Soltau
Fairness And Equity In Climate Change, Friedrich Soltau
Dissertations & Theses
Questions of fairness and equity are central to the challenge of tackling global climate change. The complexity of the question arises from the global and long-term nature of the problem. At the same time, the impacts are localized and differentiated, so that states least able to respond are those that will be hardest hit. Policies and measures to abate – mitigate – greenhouse gas (GHG) emissions demand the decision-making under conditions of uncertainty and the commitment of resources beyond the time horizon of politics-as-usual. And while international environmental law has achieved notable successes, it has arguably not confronted a challenge …
Just Solutions To Climate Change: A Climate Justice Proposal For A Domestic Clean Development Mechanism, Maxine Burkett
Just Solutions To Climate Change: A Climate Justice Proposal For A Domestic Clean Development Mechanism, Maxine Burkett
Buffalo Law Review
No abstract provided.
Submarines, Sonar, And The Death Of Whales: Enforcing The Delicate Balance Of Environmental Compliance And National Security In Military Training, Joel R. Reynolds
Submarines, Sonar, And The Death Of Whales: Enforcing The Delicate Balance Of Environmental Compliance And National Security In Military Training, Joel R. Reynolds
William & Mary Environmental Law and Policy Review
No abstract provided.
Green Peace? Protecting Our National Treasures While Providing For Our National Security, Marcilynn A. Burke
Green Peace? Protecting Our National Treasures While Providing For Our National Security, Marcilynn A. Burke
William & Mary Environmental Law and Policy Review
No abstract provided.
Conserving The United States' Coral Reefs: National Monument Designation To Afford Greater Protection For Coral Reefs In Four National Marine Sanctuaries, Jennifer C. White
Conserving The United States' Coral Reefs: National Monument Designation To Afford Greater Protection For Coral Reefs In Four National Marine Sanctuaries, Jennifer C. White
William & Mary Environmental Law and Policy Review
No abstract provided.
Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak
Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak
Cardozo Journal of International and Comparative Law
The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.