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Environmental Law Commons

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2009

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Articles 271 - 300 of 508

Full-Text Articles in Environmental Law

Border Adjustment Measures In Proposed U.S. Climate Change Legislation – “A New Chapter In America’S Leadership On Change?”, Stephen Kyo, Bernd G. Janzen, Holly M. Smith Jan 2009

Border Adjustment Measures In Proposed U.S. Climate Change Legislation – “A New Chapter In America’S Leadership On Change?”, Stephen Kyo, Bernd G. Janzen, Holly M. Smith

Sustainable Development Law & Policy

No abstract provided.


The American Recovery And Reinvestment Act And A New Role For Government In Clean Technology Project Financing, James Hunter Jan 2009

The American Recovery And Reinvestment Act And A New Role For Government In Clean Technology Project Financing, James Hunter

Sustainable Development Law & Policy

No abstract provided.


A Stop On The Road To Copenhagen: Implications Of A U.S. Climate Bill, Lisa Novins Jan 2009

A Stop On The Road To Copenhagen: Implications Of A U.S. Climate Bill, Lisa Novins

Sustainable Development Law & Policy

No abstract provided.


The Role Of The Environment In Poverty Alleviation, Melissa Blue Sky Jan 2009

The Role Of The Environment In Poverty Alleviation, Melissa Blue Sky

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Blake M. Mensing, Addie Haughey Jan 2009

Editor's Note, Blake M. Mensing, Addie Haughey

Sustainable Development Law & Policy

No abstract provided.


Not At All: Environmental Sustainability In The Supreme Court, James R. May, Kristen Hite Jan 2009

Not At All: Environmental Sustainability In The Supreme Court, James R. May, Kristen Hite

Sustainable Development Law & Policy

No abstract provided.


Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe Jan 2009

Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe

Sustainable Development Law & Policy

No abstract provided.


Tension Between Hydroelectric Energy’S Benefits As A Renewable And Its Detrimental Effects On Endangered Species, Janet M. Hager Jan 2009

Tension Between Hydroelectric Energy’S Benefits As A Renewable And Its Detrimental Effects On Endangered Species, Janet M. Hager

Sustainable Development Law & Policy

No abstract provided.


Human Rights And Environmental Protection: The Pressure Of The Charter For The Environment On The French Administrative Courts, David Marrani Jan 2009

Human Rights And Environmental Protection: The Pressure Of The Charter For The Environment On The French Administrative Courts, David Marrani

Sustainable Development Law & Policy

No abstract provided.


Sustainability And The Courts: A Snapshot Of Canada In 2009, Katia Opalka, Joanna Myszka Jan 2009

Sustainability And The Courts: A Snapshot Of Canada In 2009, Katia Opalka, Joanna Myszka

Sustainable Development Law & Policy

No abstract provided.


Litigation Preview, Jessica B. Goldstein Jan 2009

Litigation Preview, Jessica B. Goldstein

Sustainable Development Law & Policy

No abstract provided.


Case Study: Climate Change Adaptation Planning Guidance For Local Governments In The United States, Edna Sussman Jan 2009

Case Study: Climate Change Adaptation Planning Guidance For Local Governments In The United States, Edna Sussman

Sustainable Development Law & Policy

No abstract provided.


Dirty Fuel Incentives In The Bailout Bill, Rand Robins, Janet M. Hager Jan 2009

Dirty Fuel Incentives In The Bailout Bill, Rand Robins, Janet M. Hager

Sustainable Development Law & Policy

No abstract provided.


Book Review: Six Degrees: Our Future On A Hotter Planet By Mark Lynas, Matthew Padilla Jan 2009

Book Review: Six Degrees: Our Future On A Hotter Planet By Mark Lynas, Matthew Padilla

Sustainable Development Law & Policy

No abstract provided.


China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz Jan 2009

China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz

Washington International Law Journal

China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …


Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman Jan 2009

Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman

Michigan Journal of International Law

This Essay will focus on how Canada and the United States have both succeeded and failed in adopting cooperative approaches to managing ocean fishery resources. A critical factor that has influenced these efforts is the introduction of an international legal construct dictating that States have exclusive sovereign rights respecting all marine living resources within 200 nautical miles of their shores. Cooperative approaches to managing transboundary marine living resources between Canada and the United States are necessary for two reasons. First, in the case of marine living resources, the resource pays scant attention to human-constructed national boundaries. Put another way, marine …


Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih Jan 2009

Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih

Richmond Journal of Global Law & Business

No abstract provided.


Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin Jan 2009

Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin

ILSA Journal of International & Comparative Law

Desde inicios del milenio, en Mxico se vivi6 una fuerte discusi6n sobre la reforma legal del sector energ6tico; en particular en torno a Petr6leos Mexicanos (Pemex).


Complaints Choir To The Tune Of New York, New York How Could Anyone Think That Water Is Not A Public Good, Joseph W. Dellapenna Jan 2009

Complaints Choir To The Tune Of New York, New York How Could Anyone Think That Water Is Not A Public Good, Joseph W. Dellapenna

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Why India Matters: The Confluence Of A Booming Economy, An Activist Supreme Court, And A Thirst For Energy, Vahbiz, P. Karanjia Jan 2009

Why India Matters: The Confluence Of A Booming Economy, An Activist Supreme Court, And A Thirst For Energy, Vahbiz, P. Karanjia

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Cruising Down The Hov Lane: Federal &(And) Local Incentives Steer Drivers To Purchase Hybrid Vehicles, Elizabeth Robbins Jan 2009

Cruising Down The Hov Lane: Federal &(And) Local Incentives Steer Drivers To Purchase Hybrid Vehicles, Elizabeth Robbins

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Deciphering Cercla's Vocabulary: United States V. Burlington - Reasonable Division And Arranger Liability, Benjamin J. Rodkin Jan 2009

Deciphering Cercla's Vocabulary: United States V. Burlington - Reasonable Division And Arranger Liability, Benjamin J. Rodkin

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Eureka Stone Quarry, Inc. V. Department Of Environmental Protection: The Rocky Results Of Air Quality Violations, Erica Sharkey Jan 2009

Eureka Stone Quarry, Inc. V. Department Of Environmental Protection: The Rocky Results Of Air Quality Violations, Erica Sharkey

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford Jan 2009

Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford

Fordham Urban Law Journal

This Article seeks to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if there is a failure to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face a future where cities will experience sustained and perhaps intractable urban violence and social disintegration, a development that can only hasten the separate but related harms caused by climate change on the world’s human and biological populations. Part II explores some of the consequences of the …


Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley Jan 2009

Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley

Fordham Urban Law Journal

This Article examines how global cities are governing climate change. Part I of this Article provides an overview of the national and international contexts of urban climate governance focusing on the United Kingdom and the United States. Parts II and III analyze London and Los Angeles, respectively, as examples of global cities. They provide a thorough examination of climate change policies and actions in these two cities, based on approximately thirty in-depth interviews with government, business and civil society representatives during 2007-08, as well as official documents and grey literature. Part IV then examines the modes of governance to understand …


Cities And Accessibility: The Potential For Carbon Reductions And The Need For National Leadership, Keith Bartholomew Jan 2009

Cities And Accessibility: The Potential For Carbon Reductions And The Need For National Leadership, Keith Bartholomew

Fordham Urban Law Journal

This article begins by outlining the elements that should be included in the framework for understanding how people interact with their built environments. Part II describes how the framework might be made operational through the use of an emerging technique called land-use transportation scenario planning. Part III assesses how well land-use transportation scenario planning fits within the dictates and limits of U.S. transportation law. The analysis ultimately reveals that it holds substantial promise as a tool that could lead to meaningful cuts in carbon emissions.


The City And International Law: In Pursuit Of Sustainable Development, Ileana M. Porras Jan 2009

The City And International Law: In Pursuit Of Sustainable Development, Ileana M. Porras

Fordham Urban Law Journal

This article argues that the internationalization of cities and the localization of sustainable development have combined to turn cities into the international loci of sustainable development. The author contends that while it is positive that cities are willing to engage in addressing sustainable development and climate change, there are dangers in allowing cities to take on the primary function of defining sustainable development. Problems caused by privatization of city services and the tendency of cities to consider local interests primary in engaging in the trade-offs required by sustainable development are discussed. Finally, the author concludes that sustainable development requires a …


Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher Jan 2009

Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.


Ideological Plaintiffs, Administrative Lawmaking, Standing And The Petition Clause, Karl S. Coplan Jan 2009

Ideological Plaintiffs, Administrative Lawmaking, Standing And The Petition Clause, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

In the 1992 Lujan v. Defenders of Wildlife decision, Justice Scalia declared that business interests subject to regulation had automatic standing to challenge regulations in court, but that where “the plaintiff is not himself the object of the government action or inaction he challenges, standing is not precluded, but it is ordinarily ‘substantially more difficult’ to establish.” This article explores the impact this differential standard for court access has on ideologically-motivated public interest plaintiffs, and suggest heightened scrutiny of standing rules under the Petition Clause of the First Amendment based on the viewpoint differential effect of current standing doctrine. This …


Wind Power, National Security, And Sound Energy Policy, Elizabeth Burleson Jan 2009

Wind Power, National Security, And Sound Energy Policy, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Wind-generated electricity in the United States has grown by more than 400 percent since 2000. According to the Department of Energy, 6 percent of US land could supply more than one and a half times the current electricity consumption of the country. Yet, challenges remain in matching demand for electricity with supply of wind as well as achieving grid parity. Careful wind turbine and transmission line siting can occur through cooperation between federal, state, tribal, and civil society participation in decision-making. Tribal wind initiatives have shown that developing wind power can also benefit rural communities. Congress should pass a national …