Environmental Law Commons^™

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Fueling Debate: The Ninth Circuit's Order To Reevaluate Fuel Efficiency Standards For Lightweight Trucks. Ctr. For Biological Diversity V. Nat'l Highway Traffic Safety Admin., Michael Quillin

Journal of Environmental and Sustainability Law

No abstract provided.

The Regulation Of Co2 Emissions Caused By Private Households - An Analysis Of The Legal Situation In The European Union And Germany, Thomas Daniel Wuertenberger

Journal of Environmental and Sustainability Law

No abstract provided.

A River Runs Through It: What States Along The Missouri River Can Learn About Water Allocation From Conflict In The Acf River Basin. Se. Fed. Power Customers, Inc. V. Geren., Claire Mcclintic

Journal of Environmental and Sustainability Law

No abstract provided.

Private Attorney Generals Need Attorneys' Fees To Protect Our Environment. Ohio River Valley Environmental Coalition, Inc. V. Green Valley Coal Co., Hannah Tien

Journal of Environmental and Sustainability Law

No abstract provided.

A New View, Or Just Being Difficult? The Ninth Circuit's View On Categorical Exclusions. Sierra Club V. Bosworth, Jerri Zhang

Journal of Environmental and Sustainability Law

No abstract provided.

Waiving Good-Bye To Environmental Laws Along The Arizona Borderlands. Defenders Of Wildlife V. Chertoff , Tana M. Sanchez

Journal of Environmental and Sustainability Law

No abstract provided.

Judicial Challenges To Missouri River Mainstem Regulation , John R. Seeronen

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.

Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook

ILSA Journal of International & Comparative Law

Thanks to Professor Louise Ellen Teitz, and to the ILA and ASIL for initiating this joint study panel. Our topic brings to mind the tale of the blind men and the elephant.

Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks

ILSA Journal of International & Comparative Law

We are now at the beginning of the twenty-first century. The United States, like Republican Rome two millennia earlier, teeters between becoming an expanded empire, a declining republic, or paradoxically, both.

Global Climate Change: A Civic Republican Moment For Achieving Broader Changes In Environmental Behavior, Hope M. Babcock

Georgetown Law Faculty Lectures and Appearances

These comments were given by Professor Hope Babcock on April 17, 2008 for the fourteenth annual Lloyd K. Garrison Lecture on Environmental Law at Pace Law School.

In this lecture, Professor Babcock argues that the problem confronting us is that we are nearing the end of achieving future gains in pollution abatement from traditional sources and the pollution that remains is largely caused by individual behavior. This she says, is true even though polls show that people consistently rate protecting the environment among their highest priorities, say they are willing to pay more to protect environmental resources, and indeed, faithfully …

An Environmental Competition Statute, David M. Driesen

College of Law - Faculty Scholarship

This chapter from a forthcoming Cambridge Press book, Beyond Environmental Law, proposes emulating free market dynamics with a new regulatory instrument, the Environmental Competition Statute. This statute would authorize any polluter making a pollution reduction to require a dirtier competitor to reimburse it for the full cost of making this improvement along with a preset profit margin. This creates an economic dynamic similar to that prevailing in very competitive markets. In such markets, those who innovate in effect take money from those who do not, by taking over a portion of their market share. This statute similarly allows environmental innovators …

There Doesn't Have To Be Blood, Jordan Vardon

Student Environmental Law Films/Golden Tree Films

Explores the application of "portfolio theory" as a method for assessing the value of investing in solar energy development versus traditional energy sources.

Marvesta Shrimp, Eva Cabot, Aminah Famili, Jesse Iliff, Emily Lipps, Megan Mueller, Limor Weizmann

Student Environmental Law Films/Golden Tree Films

Tells the story of a local shrimp farm and how it works to minimize the environmental effects of that industry.

The News, John Archibald, Carter Beach, Joey Chen, Rama Taib

Student Environmental Law Films/Golden Tree Films

A comic review of environmental issues in the news, featuring an exclusive interview with Shari T. Wilson, Maryland Secretary of the Environmnet.

Arsenic And Old Dirt, Katy Jackman, Rene Parks, Rebecca Steitz

Student Environmental Law Films/Golden Tree Films

Discusses the pollution of Swann Park in Baltimore.

Sustainable Harvest, Natalie Baughman, Lisetta Silvestri, Kim Stefanski, Lynne Mcchrystal

Student Environmental Law Films/Golden Tree Films

A review of the role that small farms and local agriculture play in creating a sustainable environment.

Greenco, Kim Myers, Scott Yager

Student Environmental Law Films/Golden Tree Films

A fictional commercial break that focuses on environmental issues by parodying well known advertisements.

Urban Legends Of The Inner Harbor, Andrew Keir, Eric Hergenroeder, Chris Montague-Breakwell, Daniella Einik, Patrick Smith

Student Environmental Law Films/Golden Tree Films

Examines the toxicity of water in Baltimore's Inner Harbor and efforts to clean up sewage and trash that result from runoff.

Gunpowder Riverkeeper, Talley Kovacs, Brooke O'Hanley

Student Environmental Law Films/Golden Tree Films

Investigates the impact of surface mining on a local community and the river that flows through it.

The Equity Illusion Of Surface Ownership In Coalbed Methane Gas; The Rise Of Mutual Simultaneous Rights In Mineral Law And The Resulting Need For Dispute Resolution In Split Estate Relations , Lovalerie Mullins

Journal of Environmental and Sustainability Law

No abstract provided.

Standing And Future Generations: Does Massachusetts V. Epa Open Standing For Generations To Come?, Bradford Mank

Faculty Articles and Other Publications

Many issues, especially potential environmental catastrophes caused by climate change, affect not just the living, but also future generations. The bias in our political system against addressing the interests of future generations poses serious obstacles in solving long-term environmental problems such as global warming. Because future generations cannot vote, unelected federal judges are more suited to protect their interests than the political branches.

An important question is whether anyone has standing to sue on behalf of future generations in the federal courts. The Supreme Court's Article III standing test requires plaintiffs to demonstrate that they have personally suffered an injury …

Rethinking Regulations: Local Laboratories Inventing A Sustainable Idaho, Jerrold A. Long

Articles

No abstract provided.

Race To The Left: A Legislator’S Guide To Greening A Corporate Code, Judd F. Sneirson

Articles

American corporate law tolerates green businesses. Green business decisions that are informed, disinterested, and made in the good-faith best interests of the firm will enjoy deference pursuant to the business judgment rule, whether the decisions maximize shareholder profits or sacrifice them in the name of sustainability. Corporate law generally stops there, however, and neither encourages green business efforts nor particularly discourages them.

States are more or less uniform in this approach, and thus new businesses selecting a state of incorporation have had no green basis for preferring one state’s corporate laws to those of another. Recent efforts in Oregon to …

Competition: The Next Generation Of Environmental Regulation?, Stephen M. Johnson

Articles

Risk. In the environmental arena, when determining whether to regulate or how to regulate activities or products, policymakers must begin by assessing the level of risk presented by the activity or product. Although essential information about the level of risk is often in the hands of the actors or producers, they may be reluctant to provide this information to policymakers, unless they are compelled to do so, because the disclosure of information about the risk presented by their activity or product could reduce demand for their activity or product, increase potential liability for harm caused by their activity or product, …

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble

Articles

No abstract provided.

Reforming Section 10 And The Habitat Conservation Plan Program, David A. Dana

Faculty Working Papers

This Chapter in a forthcoming book to be published by AEI (edited by Jonathan Adler) provides a framework for HCP reform. The Chapter first briefly reviews the history of HCP regulations and guidance, and what we know about HCPs in practice (which is limited). It offers a range of reforms to address problems in the current HCP approach, including requirements that the Services assemble a better database regarding current HCPs and report to Congress on the program periodically; greater reliance on programmatic regulations adopted after notice and comment; development of guidelines for assessing the likely or possible environmental impacts of …

When Less Liability May Mean More Precaution: The Case Of Nanotechnology, David A. Dana

Faculty Working Papers

The heart of the Article is an exploration of the possible role of common law tort liability in both encouraging and deterring voluntary, precautionary study of new products generally and nanotechnology products in particular. A key variable in considering liability's role as an incentive or deterrent to testing is the manufacturer's subjective assessment of the probability that any injuries from its product would be detected by the injured parties and successfully attributed to the product absent research by the manufacturer itself on the adverse effects of the product. Another key variable is the legal standard for tort liability, and specifically …

The Contextual Rationality Of The Precautionary Principle, David A. Dana

Faculty Working Papers

This article defines the precautionary principle (PP) primarily based on what it is not: it is not quantitative cost-benefit analysis (CBA) or cost-cost analysis of the sort we associate with the Office of Management and Budget in the United States and U.S. policymaking and policy discourse generally. In this definition, the PP is a form of analysis in which the costs of a possible environmental or health risk are not quantified, or if they are, any quantification is likely to be inadequate to capture the full extent of the costs of not taking regulatory measures to mitigate or avoid the …