Environmental Law Commons^™

Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike

William & Mary Environmental Law and Policy Review

No abstract provided.

National Park Law In The U.S.: Conservation, Conflict, And Centennial Values, Denise E. Antolini

William & Mary Environmental Law and Policy Review

No abstract provided.

Climate Change, Cultural Heritage & The Oceans: Rethinking Regulatory Approaches To Climate Change, Cinnamon P. Carlane

Southeastern Environmental Law Journal

No abstract provided.

Finding Common Ground On Shifting Sands: Coastal Zone Regulatory Bodies, Governance, And Program Effectiveness In South Carolina, Hollis Inabinet

Southeastern Environmental Law Journal

No abstract provided.

Climate Change And The Inuit: A Melting Of Actions Into A Cloudy Mess, Katherine King

Southeastern Environmental Law Journal

No abstract provided.

Petition Clause Interests And Standing For Judicial Review Of Administrative Lawmaking, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

One of the primary roles of agencies in the modern administrative state is the promulgation of rules and regulations governing primary conduct. Separation of powers and non-delegation concerns have evolved into very weak limits on the scope of agency lawmaking authority. Once the executive branch agencies have acted, Article III courts routinely step in to review the consistency of these regulations with congressional mandates. Particularly in the case of controversial regulations, the lawmaking process is not complete until judicial review. Entities burdened by such regulations--so called “regulatory objects”-- enjoy presumed standing to challenge the scope of agency regulations. Groups of …

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Pace Law Review

No abstract provided.

Being Green Doesn't Need To Be Taxing: How New York State Law Is A Vanguard For Using Green Infrastructure, Keith J. Jones

Pace Law Review

No abstract provided.

The Future Environmental Agenda: Environmental Law & Policy Issues Facing The Next President, Michael Hiatt

Duke Environmental Law & Policy Forum

No abstract provided.

Keeping The Endangered Species Act Relevant, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.

Paving The Legal Path For Carbon Sequestration From Coal, Victor B. Flatt

Duke Environmental Law & Policy Forum

No abstract provided.

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David B. Hunter

Duke Environmental Law & Policy Forum

No abstract provided.

Saving The Rainforests Of The Sea: An Analysis Of International Efforts To Conserve Coral Reefs, Marjorie Mulhall

Duke Environmental Law & Policy Forum

No abstract provided.

Sustainable Commerce: Public Health Law And Environmental Law Provide Tools For Industry And Government To Construct Globally-Competitive Green Economies, T. Rick Irvin, Peter A. Appel

Scholarly Works

This Article examines the legal mechanics underlying the sustainable commerce private/public governance paradigm whereby industry and government create sustainable commerce initiatives which coordinately grow local/state economies and employment, enhance local/state competitiveness in the global marketplace, and at the same time substantially improve local/state public health and environmental infrastructure. This includes an examination of the legal foundation for state/local sustainable commerce initiatives drawn from existing public health and environmental law and a review of two specific local/state sustainable commerce initiatives which have followed this paradigm with impressive results over a two-to-four year timeframe. Part II of this Article examines how public …

Keeping The Endangered Species Act Relevant, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward causal connections to the decline of a species, such as clearing of occupied habitat for development or damming of a river. Its resounding success there, however, has led to the misperception that it can duplicate that record anywhere and for any reason a species is at risk. Yet, is the statute adaptable to the sprawling, sometimes global, phenomena that are wearing down our environmental fabric on landscape scales …

Returning To New Orleans: Reflections On The Post-Katrina Recovery, Disaster Relief, And The Struggle For Social Justice, Susan L. Waysdorf

University of the District of Columbia Law Review

No abstract provided.

A Tale Of Two Cities: Lessons Learned From New Orleans To The District Of Columbia For The Protection Of Vulnerable Populations From The Consequences Of Disaster, Laurie A. Morin

University of the District of Columbia Law Review

Like Paris before the French Revolution, New Orleans is a city of extremes. Visitors from around the world visit "the Big Easy" to sip chicory coffee and eat beignets in the French Quarter, listen to some of the country's best music at the jazz festival, and join one of the world's most famous parties during Mardi Gras. When Hurricane Katrina struck New Orleans in August 2005, it exposed the soft underbelly of New Orleans-the other side of the city where thousands of people, mostly African Americans, live in pockets of concentrated poverty unable to escape the consequences of decades of …

Letter From The Editor-In-Chief, John Brian White

University of the District of Columbia Law Review

No abstract provided.

Mar. 2009, Ifc, Project-Level Grievance Mechanisms For Affected Communities, Ifc

IFC E&S Performance Standards

No abstract provided.

Sustainable Commerce: Local /State Government And Industry Using Existing Public And Private Legal Systems To Construct Globally-Competitive Green Economies, Peter A. Appel

Presentations and Speeches

Professor Peter Appel and Dr. T. Rick Irvin, J.D., Managing Principal - Registry Consultants, LLC, presented several case studies, discussed environmental impacts, and revenue projections at the Sustainable Commerce Seminar held at Mercer University School of Law.

Click the "Download" button for the PowerPoint presentation. An audio only recording of the presentation is linked below.

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

San Diego International Law Journal

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …

Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein

Faculty Scholarship

Although climate change is expected to have major consequences that affect the global environment in its broadest sense, one of the earliest and most direct impacts will be on Earth’s fresh water systems. While some regions will experience increased precipitation, others will suffer serious scarcity. Among others, consequences are likely to include severe flooding, extreme droughts, and meandering border-rivers. This, in turn, will affect human migration patterns, population growths, agricultural activities, economic development, and the environment. This article explores the impact that climate change will have on regional and global freshwater resources and the resulting legal and policy implications that …

Breaking Ground On The New Green Deal, Erin Ryan

Popular Media

No abstract provided.

Planning For A Bull Market For Wetlands, Fred P. Bosselman

All Faculty Scholarship

Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to …

The International Whaling Commission And The Elusive Great White Whale Of Preservationism, Gerry J. Nagtzaam

William & Mary Environmental Law and Policy Review

No abstract provided.

Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.

Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff

NULR Online

No abstract provided.

Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana

Faculty Working Papers

This Article explores the case for including losses of foreign (non-U.S.) lives and settlements in the estimated cost to the United States of unmitigated climate change in the future. The inclusion of losses of such foreign lives and settlements in cost benefit analysis (CBA) could have large implications not only for U.S. climate change policy but also for policies adopted by other nations and the practice of CBA generally. One difficult problem is how to assess U.S. residents' willingness to pay to prevent the losses of foreign lives and settlements. This Article discusses internet-based surveys that are a first step …

Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.