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Articles 301 - 330 of 508
Full-Text Articles in Environmental Law
Nepa At 40: International Dimensions, Nicholas A. Robinson
Nepa At 40: International Dimensions, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Section 102 of the National Environmental Policy Act (NEPA) contains a broad mandate to apply the policies of § 101 on an international plane. I explored these concepts initially on assignment as a member of the Legal Advisory Committee to the Council on Environmental Quality (CEQ) in 1969-1971, and published the analysis in 1974, after that Committee wound up its business. It is time for the CEQ to revisit the rest of § 102, and elaborate guidance and regulations for federal agencies to comply with and use the environmental management mandates in § 102(A), (B), (E), (F), (G), and (H).
A River Beckons Home, Alexandra Dapolito Dunn
A River Beckons Home, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson
Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh
Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).7 Although an American diplomat is said to have remarked in preparing for …
From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long
From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long
Articles
Although the public discourse about efforts to address global climate change understandably focuses on national- and international-level efforts, in the United States much of the authority for regulating greenhouse gas emitting activities resides with state and local governments. Many local governments have initiated efforts to address global climate change in some fashion. But this article argues that there remains a disconnect between the local causes and global consequences of climate change sufficient to prevent the adoption of durable and effective local efforts to reduce greenhouse gas emissions. In other words, individuals remain largely unable to connect their personal decisions with …
Keynote Address: An Approach To A More Sustainable Architecture, Stefan Behnisch
Keynote Address: An Approach To A More Sustainable Architecture, Stefan Behnisch
University of Baltimore Law Review
No abstract provided.
Does A Green Building Need A Green Lease?, Stuart D. Kaplow
Does A Green Building Need A Green Lease?, Stuart D. Kaplow
University of Baltimore Law Review
No abstract provided.
Legal Implications For Green Buildings Within Condominium And Homeowners Association Regimes In Maryland: Striking A Balance Between The Promotion Of Green Retrofits To Existing Housing Stock And Maintaining Aesthetics By Homeowners Associations And Condominium Associations, Nicole M. Lacoste
University of Baltimore Law Review
No abstract provided.
General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison
General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Global Warming And The Problem Of Policy Innovation: Lessons From The Early Environmental Movement, Christopher H. Schroeder
Global Warming And The Problem Of Policy Innovation: Lessons From The Early Environmental Movement, Christopher H. Schroeder
Faculty Scholarship
When it comes to influencing government decisions, special interests have some built-in advantages over the general public interest. When the individual members of special interest groups have a good deal to gain or lose as a result of government action, special interests can organize more effectively, and generate benefits for elected officials, such as campaign contributions and other forms of political support. They will seek to use those advantages to influence government decisions favorable to them. The public choice theory of government decision making sometimes comes close to elevating this point into a universal law, suggesting that the general public …
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program - A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program - A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman
Faculty Scholarship
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …
Implementing The New Ecosystem Services Mandate: A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman
Implementing The New Ecosystem Services Mandate: A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman
Faculty Scholarship
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …
Who’S Number One? The Most Significant Cases In Environmental Law, James Salzman, J.B. Ruhl
Who’S Number One? The Most Significant Cases In Environmental Law, James Salzman, J.B. Ruhl
Faculty Scholarship
What do environmental lawyers consider the most significant environmental cases? In 2001, Jim Salzman conducted a survey of the envlawprofs listserve for the "Most Excellent" environmental law cases in the field, tabulating the top cases for law profs and for practicing attorneys. Given the significant decisions over the eight years, we thought it would be useful to conduct the survey again, this time using a dedicated website and surveying both the envlawprofs listserve and members of the ABA's Section on Environment, Energy and Resources. We enjoyed a high level of participation, with over 440 responses from across the nation, from …
A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman
A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman
Faculty Scholarship
Over the past five years, there has been increasing interest around the globe in payment schemes for the provision of ecosystem services, such as water purification, carbon sequestration, flood control, etc. Written for an Asian Development Bank project in China, this report provides a user-friendly guide to designing payments for the provision of ecosystem services. Part I explains the different types of ecosystem services, different ways of assessing their value, and why they are traditionally under-protected by law and policy. This is followed by an analysis of when payments for services are a preferable approach to other policy instruments. Part …
Phantom Ship, Crater Lake, Fred Jay
Phantom Ship, Crater Lake, Fred Jay
UC Law Environmental Journal
No abstract provided.
Evaluating The Private Sector Perspective On The Financial Risks Of Climate Change, Richenda Connell, Alan Miller, Vladimir Stenek
Evaluating The Private Sector Perspective On The Financial Risks Of Climate Change, Richenda Connell, Alan Miller, Vladimir Stenek
UC Law Environmental Journal
No abstract provided.
Sparks Lake, Cascades Mountains, Central Oregon, Fred Jay
Sparks Lake, Cascades Mountains, Central Oregon, Fred Jay
UC Law Environmental Journal
No abstract provided.
Preparing For Climate Change In The U.S. Pacific Northwest, Lara Whitely Binder
Preparing For Climate Change In The U.S. Pacific Northwest, Lara Whitely Binder
UC Law Environmental Journal
No abstract provided.
Section 5 Of The Boulder Canyon Project Act And 43 C.F.R. Part 417 Occupy The Field Of Determination Of Reasonable Beneficial Use Of Lower Colorado River Water, Jerome C. Muys
UC Law Environmental Journal
No abstract provided.
The Clean Water Act’S Antidegradation Policy And Its Role In Watershed Protection In Washington State, C. Mark Hersh
The Clean Water Act’S Antidegradation Policy And Its Role In Watershed Protection In Washington State, C. Mark Hersh
UC Law Environmental Journal
No abstract provided.
Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq.
Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq.
UC Law Environmental Journal
No abstract provided.
Crash, Revisited, James Beard
Point Bonita Lighthouse, Golden Gate National Recreation Area, California, Robyn Carliss
Point Bonita Lighthouse, Golden Gate National Recreation Area, California, Robyn Carliss
UC Law Environmental Journal
No abstract provided.
Irreparable Harms: How The Devastating Effects Of Oil Extraction In Nigeria Have Not Been Remedied By Nigerian Courts, The African Commission, Or U.S. Courts, James Donnelly-Saalfield
Irreparable Harms: How The Devastating Effects Of Oil Extraction In Nigeria Have Not Been Remedied By Nigerian Courts, The African Commission, Or U.S. Courts, James Donnelly-Saalfield
UC Law Environmental Journal
No abstract provided.
Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz
Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz
Faculty Scholarship
In the last several years, dramatic failures of the nation’s food safety system have sickened or killed tens of thousands of Americans, and caused billions of dollars of damages for producers and distributors of everything from fresh vegetables to granola bars and hamburger meat. In each case, the outbreak of food-borne illness triggered what can only be described as a frantic scramble by health officials to discover its source. Inevitably, the wrong lead is followed or a recall is too late or too narrow to prevent further illnesses, and the government has to defend itself against withering criticism. Americans expect …
Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky
Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky
Michigan Journal of International Law
Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Michigan Journal of International Law
This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.
Critique Of Money Judgment (Part Two: Liens On New York Personal Property), David G. Carlson
Critique Of Money Judgment (Part Two: Liens On New York Personal Property), David G. Carlson
Articles
The article critiques the New York Civil Practice Law and Rules (CPLR) for its outdated and overly complex framework governing money judgments, particularly in the creation, enforcement, and priority of judicial liens. It argues that the CPLR's inefficiencies and inconsistencies, exacerbated by conflicts with federal bankruptcy law and the Uniform Commercial Code (UCC), lead to unjust outcomes for both debtors and creditors. The article proposes modest reforms to align the CPLR with modern legal standards, simplify procedures, and eliminate unnecessary distinctions between tangible and intangible property.
Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon
Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon
St. Mary's Law Journal
In 2003 and 2008, the Texas Rule of Appellate Procedure (TRAP) 47 was amended. TRAP 47 is the rule which governs the issuance, citation, and precedential value of unpublished and memorandum opinions. The 2003 amendment was designed to make the law more readily available by prohibiting the issuance of unpublished opinions in civil cases and authorizing memorandum opinions in place of unpublished opinions. Despite its intention, the 2003 amendment failed to make civil case law more readily available. This is because such new opinions are only available via electronic repository, such as Westlaw or Lexis. As a result, to completely …
Civil Jury Trials R.I.P. - Can It Actually Happen In America Essay., Royal Furgeson
Civil Jury Trials R.I.P. - Can It Actually Happen In America Essay., Royal Furgeson
St. Mary's Law Journal
Civil jury trials in America have been declining at a steady rate for the last thirty years. This is a well-documented trend. If the trend continues, within the foreseeable future, civil jury trials in American may eventually become extinct. Jury trials have been central to justice in America and its states since their inception. Their importance has been stated as bringing accountability to the law and to society. As all persons, even the powerful and wealthy ones, are accountable under the law. Yet, as important as juries and jury trials are to the health of justice in America, the civil …