Environmental Law Commons^™

Cool It: The Skeptical Environmentalist’S Guide To Global Warming By Bjørn Lomborg, Mary J. Bortscheller

Sustainable Development Law & Policy

No abstract provided.

World News, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Marcel De Armas, Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

International Polar Year As A Catalyst For Sustaining Arctic Research, Karen Kraft Sloan, David Hik

Sustainable Development Law & Policy

No abstract provided.

Managing Arctic Fish Stocks, Michael Distefano

Sustainable Development Law & Policy

No abstract provided.

Supporting Adaptation: A Priority For Action On Climate Change For Canadian Inuit, James D. Ford

Sustainable Development Law & Policy

No abstract provided.

Searching For A Voice: The Indigenous People In Polar Regions, Eunjung Park

Sustainable Development Law & Policy

No abstract provided.

A Tale Of Two Poles: A Comparative Look At The Legal Regimes In The Arctic And The Antarctic, Erika Lennon

Sustainable Development Law & Policy

No abstract provided.

Hydrocarbon Development And Maritime Shipping For The Circumpolar Arctic In The Context Of The Arctic Council And Climate Change, Magdalena A K Muir

Sustainable Development Law & Policy

No abstract provided.

Mitigating Black Carbon As A Mechanism To Protect The Arctic And Prevent Abrupt Climate Change, Marcel De Armas, Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

New Jersey V. Epa, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

Break Through: From The Death Of Environmentalism To The Politics Of Possibility By Ted Nordhaus & Michael Shellenberger, Emily Alves

Sustainable Development Law & Policy

No abstract provided.

Earth: The Sequel The Race To Reinvent Energy And Stop Global Warming By Fred Krupp And Miriam Horn, John R. Shackelford

Sustainable Development Law & Policy

No abstract provided.

Financial Disclosure Of Risks Related To Global Climate Change, Michael B. Gerrard, Christopher Anderson

Faculty Scholarship

Securities and Exchange Commission (SEC) regulations require publicly traded companies to disclose the material impacts of environmental laws on their business. Increasing attention is being paid to the issue of securities disclosure of financial risks and opportunities posed by impending regulation relating to global climate change and by climate change itself.

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and …

Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind, As It Embraces Bioethics?,, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

Bioethics evolved from theoretical philosophy into an applied field. Decision makers in health and medical sciences involve bioethicists in decisions and policy making. Although people study environmental ethics, mainly in philosophy programs, environmental ethicists are not involved in decision making. I explore the development of bioethics and environmental ethics, primarily considering the role of law in their development. I ask whether laws and legal opinions encouraging the use of bioethicists in decision making promoted the development of applied bioethics, and correspondingly, whether the absence of laws and opinions promoting environmental ethicists retarded the development of applied environmental ethics. Finally, I …

Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown

Seattle University Law Review

This Comment argues that Washington's renewable energy tax incentives likely discriminate against interstate commerce. More importantly, however, it contends that although these types of tax incentives violate the Commerce Clause, Congress can and should pass legislation authorizing their use under the state police power.

A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu

University of Colorado Law Review

Several dozen cases that can be classified as "climate change litigation" have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this point. This Article seeks to ground this debate by analyzing the actual legal doctrines that may serve as bases for liability, and seeks to make a realistic evaluation of the likelihood of success of these types of suits. Climate change litigation, in its various forms, raises issues of …

An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki

University of Colorado Law Review

How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a threeyear period (2003-05) to investigate what factors, including ideological, legal, …

Judicial Iron Triangles: The Roadless Rule To Nowhere—And What Can Be Done To Free The Forest Service's Rulemaking Process, Christopher Cumings

Oklahoma Law Review

No abstract provided.

States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood

Oklahoma Law Review

No abstract provided.

Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen

Indiana Law Journal

This Article analyzes the international emissions trading regime at the heart of the world's effort to address global warming as a means of exploring broader international governance issues. The trading regime seeks to marry two models of global governance, market liberalism, which embraces markets as the model of global governance, and sustainable development, which seeks to change development patterns to protect future generations.

This Article explores a previously unacknowledged tension between market liberalism's goal of maximizing short-term cost effectiveness and sustainable development's goal of catalyzing technological change for the benefit of future generations.T his Article presents new data and theory …

Eroding Long-Term Prospects For Florida’S Beaches: Florida’S Coastal Construction Control Line Program, Thomas K. Ruppert

UF Law Faculty Publications

Florida enjoys 825 miles of sandy beaches. These beaches serve as nesting habitat for five species of threatened or endangered sea turtles. Florida’s beaches host the densest sea turtle nesting in the United States, the largest aggregation of loggerhead nesting in the world, and the second highest density of green sea turtle nesting in the hemisphere. Florida’s beaches also provide habitat for hundreds of other species as well. In addition to providing recreational and esthetic values to residents, Florida’s beaches attract millions of tourists – and billions of dollars – each year. An estimated $1 trillion of coastal property in …

Water Transfers: The Case Against Transbasin Diversions In The Eastern States, Christine A. Klein

UF Law Faculty Publications

Water policy in the western states consistently has embraced a nineteenth century, supply-side mentality, requiring cities and other water providers to satisfy an ever-growing demand for water at virtually any cost. As a result, the western states rely upon thousands of engineered water transfers-even siphoning water from one side of mountain ranges to the other-in an un-sustainable attempt to support growth. This article challenges the conventional reliance upon transbasin diversions as a response to shortage. It argues that importing water from distant watersheds lulls growing communities into a false sense of security, subsidizes unsustainable growth, and exacts significant social, economic, …

The Killing Fields: Reducing The Casualties In The Battle Between U.S. Species Protection Law And U.S. Pesticide Law, Mary Jane Angelo

UF Law Faculty Publications

For the past 35 years, the conflicting goals, standards, focuses, and methods of United States species protection laws and United States pesticide law have produced a fierce legal battle. The unwitting casualties of this battle are the millions of birds, fish, and other wildlife that have been killed, and the hundreds of protected species put at risk of extinction. This battle has intensified in recent years, as environmental organizations have sued the United States Environmental Protection Agency ("EPA") for its continued failure to comply with the Endangered Species Act ("ESA"). In response, EPA has invoked numerous legal and regulatory strategies, …

Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate

Articles by Maurer Faculty

The European Union's newly enacted comprehensive regulation for industrial chemicals, known as REACH, draws heavily on three decades of experience in the United States under the Toxic Substances Control Act. Much of that experience has been negative, inasmuch as TSCA is widely regarded as a disappointment among US environmental laws, and so REACH deliberately reverses many of the legislative choices that Congress made in TSCA. REACH also takes advantage of important new regulatory concepts that were not available to the framers of TSCA thirty years ago. The passage of REACH has sparked renewed interest in reforming TSCA, and the reformers …

Adjudicatory Triggers Of Enhanced Ambient Environment Information, William W. Buzbee

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.

In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg

Faculty Scholarship

This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments …

The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall

Law Faculty Research Publications

No abstract provided.

Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall, Bret B. Stuntz

Law Faculty Research Publications

No abstract provided.