Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2010

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 451 - 480 of 536

Full-Text Articles in Environmental Law

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson Jan 2010

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Go to article

Soundscape Conservation In U.S. National Parks: Implications For Adjacent Land Use Planning, Sarah L. Dumyahn, Bryan C. Pijanowski Jan 2010

Soundscape Conservation In U.S. National Parks: Implications For Adjacent Land Use Planning, Sarah L. Dumyahn, Bryan C. Pijanowski

GIS Day

Humans have altered the Earth’s ecosystems and biodiversity significantly. With the conversion of land and the loss of biodiversity, the world loses its natural sounds. The loss of natural sounds is compounded by the growing intrusions of motorized noise. Noise pollution is a ubiquitous problem in cities around the world, but the issue is spreading to more remote areas due to expanding transportation networks, motorized recreation and urban sprawl. The U.S. National Park Service (NPS) recognizes park soundscapes, or entire acoustic environment of a given area, as resources just as air and water are resources. However, national park resources are …

Go to article

Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner Jan 2010

Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner

NYLS Law Review

No abstract provided.

Go to article

Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi Short, Michael W. Toffel Jan 2010

Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi Short, Michael W. Toffel

Georgetown Law Faculty Publications and Other Works

Using data from a sample of U.S. industrial facilities subject to the federal Clean Air Act from 1993 to 2003, this article theorizes and tests the conditions under which organizations’ symbolic commitments to self-regulate are particularly likely to result in improved compliance practices and outcomes. We argue that the legal environment, particularly as it is constructed by the enforcement activities of regulators, significantly influences the likelihood that organizations will effectively implement the self-regulatory commitments they symbolically adopt. We investigate how different enforcement tools can foster or undermine organizations’ normative motivations to self-regulate. We find that organizations are more likely to …

Go to article

Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang Jan 2010

Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang

Sabin Center for Climate Change Law

The recently-released discussion draft of the Kerry-Lieberman bill (KL), officially titled the American Power Act, contains numerous provisions that affect the role of states in addressing climate change as well as the Environmental Protection Agency’s (EPA) authority under the Clean Air Act (CAA). Preemption has been the subject of intense debate and speculation since the passage of the Waxman-Markey climate bill (WM) in June 2009, and commentators have questioned whether KL’s preemption measures would (and should) have the effect of “a scalpel or a sledgehammer” on existing state and EPA authority. The following paper contributes to the discussion by summarizing …

Go to article

Cap-And-Trade Under The Clean Air Act?: Rethinking Section 115, Hannah Chang Jan 2010

Cap-And-Trade Under The Clean Air Act?: Rethinking Section 115, Hannah Chang

Sabin Center for Climate Change Law

Section 115 of the Clean Air Act, addressing international air pollution, is widely-dismissed as a viable avenue for mitigation of greenhouse gases (GHGs) because of a misplaced assumption that National Ambient Air Quality Standards (NAAQS) must be established for GHGs before Section 115 authority can be exercised for GHGs. This paper explores the statutory language and legislative history of Section 115 to refute this conventional view, and argues that Section 115 can play a role in facilitating the establishment of a cap-and-trade program for GHGs without the establishment of NAAQS for GHGs.

Go to article

V.2, 2010 Masthead Jan 2010

V.2, 2010 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Go to article

Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister Jan 2010

Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister

San Diego Journal of Climate & Energy Law

This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …

Go to article

Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan Jan 2010

Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan

San Diego Journal of Climate & Energy Law

As part of the University of San Diego Law School’s Second Annual Climate and Energy Law Symposium, we decided to review the enforcement provisions of the main federal greenhouse gas control options, with a view to drawing lessons from that review that could inform policy choices and program design. Our review suggests that there are relative strengths and weaknesses, as well important tradeoffs to be made, in the enforcement provisions of each of the leading candidate programs. Our review further suggests that some revisions should be made to these provisions to help ensure that the greenhouse gas control programs meet …

Go to article

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman Jan 2010

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …

Go to article

Land Use And Water Supply, Susan Kelly, Joanne Hilton Jan 2010

Land Use And Water Supply, Susan Kelly, Joanne Hilton

Water Matters!

As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …

Go to article

Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank Jan 2010

Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank

St. Mary's Law Journal

Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …

Go to article

Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum Jan 2010

Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum

St. Mary's Law Journal

The Texas Public Information Act (TPIA) grants everyone a statutory right to access records of a governmental body unless disclosure would violate the law. Generally, TPIA is construed broadly to favor disclosure, but the rise of modern technology like email and text messaging reveals how dated TPIA truly is. According to the recent City of Dallas v. Dallas Morning News, LP, a governmental body is not required to release any business-related electronic communications sent via personal devices. This means governmental employees can conduct official business via personal email or cell phone without being subject to disclosure provisions, unless the requester …

Go to article

A Comparative Study Between China And Malaysia's Environmental Policy On Land : Implementation And Limitation., Zhang Yemo Jan 2010

A Comparative Study Between China And Malaysia's Environmental Policy On Land : Implementation And Limitation., Zhang Yemo

Student Works (2010-2019)

In order to correct the political, economic, environment, social and spatial imbalance, almost all the countries have some forms of environmental policies on land and planning systems. Environmental policies and planning systems are in a more extensive application under the supervision of the environmental departments. Environmental polices play an important role in a country's overall economic development and also promotes regional development. Malaysia and China’s environmental polices are composed of many consecutive policy documents. Therefore, this work was undertaken in order to compare Malaysia and China’s environmental policy implementation specifically on land issue and to identify gaps between two countries …

Go to article

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne Jan 2010

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.

Go to article

Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly Jan 2010

Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly

Journal Articles

This article explores some of the ethical situations that environmental and natural resource lawyers can encounter when counseling clients. It begins by exploring the Model Rule of Professional Conduct (MRPC) 2.1, regarding counsel’s role as “advisor,” which provides that appropriate client counseling refers not only to law, but also to moral, economic, social, and political factors, when making decisions. It also explores the environmental lawyer’s ability to withdraw from representation pursuant to MRPC 1.16. It places the obligations and options under these rules and other mandates in the environmental and natural resource context, and encourages attorneys practicing in the area …

Go to article

Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab Jan 2010

Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab

Cleveland State Law Review

This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.

Go to article

Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson Jan 2010

Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Go to article

Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum Jan 2010

Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Go to article

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey Jan 2010

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Go to article

Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals, Conrad Bendetto Jan 2010

Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals, Conrad Bendetto

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Go to article

Geertson Seed Farms V. Johanns: Why Alfalfa Is Not The Only Little Rascal For Bio-Agriculture Law, Allison M. Straka Jan 2010

Geertson Seed Farms V. Johanns: Why Alfalfa Is Not The Only Little Rascal For Bio-Agriculture Law, Allison M. Straka

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Go to article

Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber Jan 2010

Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber

Kentucky Law Journal

No abstract provided.

Go to article

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan Jan 2010

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

University of Colorado Law Review

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …

Go to article

Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall Jan 2010

Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall

University of Colorado Law Review

Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …

Go to article

Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye Jan 2010

Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye

Vanderbilt Journal of Transnational Law

In recent decades, the world's various fisheries have seen a number of problems, primarily depletion of fish stocks due to overfishing. While the UN has created some soft law, including sustainable fishing standards, to deal with the problem of fisheries depletion, no binding international laws currently exist. Several entities have decided to deal with the problem on their own, through eco-labeling programs. The Marine Stewardship Council, a private entity not directly affiliated with the government of any country, has created such a program. In addition, some governments have created similar programs, including Japan through its Marine Eco-Label Japan program. While …

Go to article

Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser Jan 2010

Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser

Duke Environmental Law & Policy Forum

No abstract provided.

Go to article

State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein Jan 2010

State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein

Duke Environmental Law & Policy Forum

No abstract provided.

Go to article

A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright Jan 2010

A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright

Duke Environmental Law & Policy Forum

No abstract provided.

Go to article

Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte Jan 2010

Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte

Duke Environmental Law & Policy Forum

No abstract provided.

Go to article

First Prev Next Last