Environmental Law Commons^™

Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle

Villanova Environmental Law Journal (1991 - )

No abstract provided.

It's Getting Hot In Here, So Take Away All The Arctic's Resources: A Look At Melting Arctic And The Hot Competition For Its Resources, Andrew Van Wagner

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Regulatory Adaptation In Fractured Appalachia, Hannah Wiseman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

King Of The Hill: Ohio Valley Environmental Coalition V. Aracoma Coal Company And The Battle Raging Between The Coal Industry And Environmentalists Over Mountaintop Mining, Michael Braverman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives, Paul Liebeskind

Villanova Environmental Law Journal (1991 - )

No abstract provided.

U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pdg Land Development, Inc. V. Commonwealth Of Pennsylvania Department Of Environmental Protection: Pennsylvania's Environmental Hearing Board Declares All Streams Are Created Equal, Heather Garleb

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival

Maryland Journal of International Law

No abstract provided.

The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson

Maryland Journal of International Law

No abstract provided.

Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky

Maryland Journal of International Law

No abstract provided.

From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée

Maryland Journal of International Law

No abstract provided.

Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias

Cleveland State Law Review

The Article examines three pathways recently followed by tribes and Native communities in seeking protection of their rights to valued subsistence resources focusing on the legal principles and theories on which they have relied, including treaty rights, environmental law, tribal sovereignty, and international human rights law, as they have followed their different pathways.

Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …

Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

There is a some consensus among economists, environmentalists, and politicians that some form of “cap and trade’ program is the appropriate regulatory mechanism to achieve the greenhouse gas emissions reductions necessary to avoid disastrous global climate disruptions. “Cap and trade” programs necessarily incorporate tradable emissions rights – essentially tradable rights to pollute. As such, they run into principled objection by some environmentalists who oppose the notion of creating economic rights in the global commons – essentially the “right to pollute.” This principled objection derives doctrinal support from the public trust doctrine – the ancient notion rooted in common law and …

The Law Of Sustainable Development: Keeping Pace, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes the emerging field of sustainable development law and examines whether it is up to the challenge it faces. In a world of finite resources overrun by sprawl, threatened by climate change, short on fuel, and long on greenhouse gas emissions, the law must keep pace. After discussing what sustainable development law is, the article considers the relationship between change in society and the evolution of legal principles, strategies, and practices, particularly with respect to land use, property, and natural resources. Documented in this review is the steady change exhibited in the common law applicable to the ownership, …

Success Or Failure?, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

The Copenhagen Climate Conference and its Copenhagen Accord have generally been billed by the press as having been a failure. I think this is a very unfortunate mischaracterisation. The conference was a failure only in not achieving binding commitments to reduce global greenhouse gas (GHG) emission levels sufficiently to meet the requirements identified by the some 3,000 leading global scientists of the UN International Panel on Climate Change (IPCC) to avoid disastrous consequences – such as sea-level rise leading to massive migration, food disruption, water shortages, tropical disease migration, biodiversity destruction, etc. But the conference didn’t expect that this could …

What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson

Articles & Book Chapters

This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …

Eleventh Annual Grotius Lecture Series: Focusing On The Good Or The Bad: What Can International Environmental Law Do To Accelerate The Transition Towards A Green Economy? , Achim Steiner

American University International Law Review

No abstract provided.

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.

Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long

Articles

No abstract provided.

Rainwater Recapture: Development Regulations Promoting Water Conservation, Julian C. Juergensmeyer

Faculty Publications By Year

The increasing need for water conservation in the eastern as well as western parts of the United States is focusing attention on rainwater recapture. The technology available is effective and relatively inexpensive. Using land development regulations to require or encourage new development to incorporate rainwater recapture facilities is one approach to alleviation of local water shortages.

Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes …

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy

Faculty Scholarship

Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …

Pursuing Geoengineering For Atmospheric Restoration, James Salzman, Robert B. Jackson

Faculty Scholarship

Geoengineering is fraught with problems, but research on three approaches could lead to the greatest climate benefits with the smallest chance of unintentional environmental harm. The authors propose a model for thinking about geoengineering based on the concept of restoration, suggesting the term “atmospheric restoration.” Under this model geoengineering efforts are prioritized based on three principles: to treat the cause of the disease itself, to reduce the chance of harm, and to prioritize activities with the greatest chance of public acceptance.

Based on these principles, the authors propose three forms of geoengineering that could provide the greatest climate benefits with …

Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster

Faculty Scholarship

This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …

Black Bear, Sierra Nevada, Richard Hurlburt

UC Law Environmental Journal

No abstract provided.

Seeing The Free Exercise Forest For The Trees: Nepa, Rfra, And Navajo Nation, Ruth Stoner Muzzin

UC Law Environmental Journal

No abstract provided.

Sedona - Backcountry, 2008, Angel Muzzin

UC Law Environmental Journal

No abstract provided.