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2008

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Articles 31 - 60 of 522

Full-Text Articles in Environmental Law

The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller Oct 2008

The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller

Natural Resources Journal

No abstract provided.


“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman Oct 2008

“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman

Duke Environmental Law & Policy Forum

No abstract provided.


Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate Oct 2008

Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate

William & Mary Environmental Law and Policy Review

No abstract provided.


International Consensus And U.S. Climate Change Litigation, Andrew Long Oct 2008

International Consensus And U.S. Climate Change Litigation, Andrew Long

William & Mary Environmental Law and Policy Review

No abstract provided.


A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin Oct 2008

A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin

Southeastern Environmental Law Journal

No abstract provided.


California's Marine Life Protection Act: A Review Of The Marine Protected Areas Proposal Process For The North Central Coast Region, Katherine M. Malloy Oct 2008

California's Marine Life Protection Act: A Review Of The Marine Protected Areas Proposal Process For The North Central Coast Region, Katherine M. Malloy

Southeastern Environmental Law Journal

No abstract provided.


Role Of The State - Ose Water Availability Opinions, John Longworth, P.E. Oct 2008

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.


Regulating Land Use - Protecting The Water, Joseph Quintana Oct 2008

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.


Is It Safe To Drink The Water?, James Salzman Oct 2008

Is It Safe To Drink The Water?, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.


Moonshine To Motorfuel: Tax Incentives For Fuel Ethanol, Roberta F. Mann, Mona L. Hymel Oct 2008

Moonshine To Motorfuel: Tax Incentives For Fuel Ethanol, Roberta F. Mann, Mona L. Hymel

Duke Environmental Law & Policy Forum

No abstract provided.


United States V. Atlantic Research Corp.: Who Should Pay To Clean Up Inactive Hazardous Waste Sites?, Aaron Gershonowitz Oct 2008

United States V. Atlantic Research Corp.: Who Should Pay To Clean Up Inactive Hazardous Waste Sites?, Aaron Gershonowitz

Duke Environmental Law & Policy Forum

No abstract provided.


The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt Oct 2008

The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt

Duke Environmental Law & Policy Forum

No abstract provided.


“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg Oct 2008

“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg

Duke Environmental Law & Policy Forum

No abstract provided.


The Economic Value Of Water Quality, W. Kip Viscusi, Joel Huber, Jason Bell Oct 2008

The Economic Value Of Water Quality, W. Kip Viscusi, Joel Huber, Jason Bell

Vanderbilt Law School Faculty Publications

Stated preference values for water quality ratings based on the US Environmental Protection Agency National Water Quality Inventory ratings provide an operational basis for benefit assessment. Iterative choice survey results for a very large, nationally representative, Web-based panel imply an average valuation of $32 for each percent increase in lakes and rivers in the region for which water quality is rated “Good.” Valuations are skewed, with the mean value more than double the median. Sources of heterogeneity in benefit values include differences in responses to average water quality information and the base level of water quality. Conjoint estimates are somewhat …


Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter Oct 2008

Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter

Sea Grant Law Fellow Publications

No abstract provided.


Brief For Respondents Riverkeeper, Inc., Entergy Corporation V. Environmental Protection Agency V. Riverkeeper, Nos. 07-588, 07-589 & 07-597 (U.S. Sept. 29, 2008), Richard J. Lazarus Sep 2008

Brief For Respondents Riverkeeper, Inc., Entergy Corporation V. Environmental Protection Agency V. Riverkeeper, Nos. 07-588, 07-589 & 07-597 (U.S. Sept. 29, 2008), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.


A Post-Kyoto Framework For Climate Change, Daniel M. Bodansky Sep 2008

A Post-Kyoto Framework For Climate Change, Daniel M. Bodansky

Presentations and Speeches

No abstract provided.


Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell Sep 2008

Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell

Faculty Publications

No abstract provided.


Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna Sep 2008

Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna

Faculty Scholarship

This white paper recommends a series of seven Executive Orders to the new Administration, all in the areas of health, safety, and the environment. Each of the suggested Executive Orders directs agencies of the government to take specific steps that would make a realworld difference and simultaneously send a signal to the public, Congress, the business community, and others that a new course has been charted and that change has arrived.


Goblets Of Fire: Potential Constitutional Impediments To The Regulation Of Global Warming, Steven Ferrey Sep 2008

Goblets Of Fire: Potential Constitutional Impediments To The Regulation Of Global Warming, Steven Ferrey

Suffolk University Law School Faculty Works

Almost half the U.S. states have begun to regulate the emission of greenhouse gases and global warming, given that the federal government has not acted. However, these leading states are implementing carbon regulatory measures that, if challenged, may be found to violate the Supremacy Clause and/or Commerce Clause of the U.S. Constitution. If so, these state initiatives, as the lead edge of U.S. policy on global warming, will require time-consuming legal revisions that could affect fundamental allowance allocation in lieu of auction, use of government garnered revenues from state carbon restrictions, and the degree to which states can change wholesale …


Estimating Discount Rates For Environmental Quality From Utility-Based Choice Experiments, W. Kip Viscusi Sep 2008

Estimating Discount Rates For Environmental Quality From Utility-Based Choice Experiments, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

We estimate rates of time preference using a utility-based choice experiment administered to a nationally representative sample of 2,914 respondents. For the full sample, the rate of time preference is very high for immediate benefits and drops off substantially thereafter, which is inconsistent with exponential discounting but consistent with hyperbolic discounting. Estimates of the hyperbolic discounting parameter range from 0.48 to 0.61. Visitors to water bodies have low rates of discount but exhibit hyperbolic discounting, whereas those who do not visit have consistently high rates of discount and low valuations of water quality.


The Role Of Community Values In Wind Energy Development: Exploring The Benefits And Applications Of Community Wind For Reducing Local Opposition To Wind Energy Systems, Amanda Vaccaro Aug 2008

The Role Of Community Values In Wind Energy Development: Exploring The Benefits And Applications Of Community Wind For Reducing Local Opposition To Wind Energy Systems, Amanda Vaccaro

Georgetown Law Student Series

Worldwide, wind energy generation is growing rapidly as a cleaner and less invasive alternative to traditional fossil-fuel energy sources. Yet, in the United States, the advancement of wind energy has been stunted by three factors: (1) the uncertainty of the federal Production Tax Credit; (2) the lack of transmission lines connecting wind projects to electricity grids; and (3) enduring local cultural and aesthetic objections to wind turbines. Frustrated with the imbalanced allocation of costs and benefits imposed by most wind energy projects, some individuals and municipalities have deployed zoning laws, nuisance claims, or environmentalist arguments to discourage wind energy development …


Like A Nation State, Douglas Kysar, Bernadette A. Meyler Aug 2008

Like A Nation State, Douglas Kysar, Bernadette A. Meyler

Cornell Law Faculty Publications

Using California's self-consciously internationalist approach to climate change regulation as a primary example, this Article examines constitutional limitations on state foreign affairs activities. In particular, by focusing on the prospect of California's establishment of a greenhouse gas (GHG) emissions trading system and its eventual linkage with comparable systems in Europe and elsewhere, this Article demonstrates that certain constitutional objections to extrajurisdictional linkage of state GHG emissions trading systems and the response that these objections necessitate may be more complicated than previously anticipated. First, successfully combatting the Bush Administration's potential claim that state-level climate change activities interfere with a federal executive …


It's Not Too Late: Applying Continuing Violation Theory To The Designation Of Critical Habitat Under The Esa, Amelia Boone Aug 2008

It's Not Too Late: Applying Continuing Violation Theory To The Designation Of Critical Habitat Under The Esa, Amelia Boone

Washington Law Review

The Endangered Species Act (ESA or the Act) requires the United States Fish and Wildlife Service (the Service) to designate critical habitat for every species it lists as threatened or endangered. Generally, the Service must designate critical habitat within one year of listing the species. If it cannot determine the species’ habitat at the moment of listing, it can issue a finding of “not determinable,” which gives it one additional year to study the species and its habitat needs. At the end of that additional year, the Service must list the critical habitat, using whatever data is available. On close …


Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan Aug 2008

Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan

Vanderbilt Law School Faculty Publications

The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government regulation will generate substantial reductions from the sector is a barrier to change, particularly in a political environment hostile to regulation. This Article demonstrates that prompt and large reductions can be achieved without relying predominantly on regulatory measures. The Article identifies seven "low-hanging fruit:" actions that have the potential to achieve large reductions at less than half the cost of the leading current federal legislation, require …


Environmental Law At Maryland, No. 26, Summer-Fall 2008 Jul 2008

Environmental Law At Maryland, No. 26, Summer-Fall 2008

Environmental Law at Maryland

No abstract provided.


Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security Jul 2008

Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.


Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman Jul 2008

Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman

Scholarly Publications

No abstract provided.


Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak Jul 2008

Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak

Faculty Scholarship

Nearly two years after former Attorney General Alberto R. Gonzales proposed a slate of reforms to quell growing discontent over the quality of decisions from Immigration Judges and the Board of Immigration Appeals (BIA), a series of critical reports this summer thrust the nation's immigration courts back in the national spotlight.


Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon Jul 2008

Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.