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Environmental Law Commons

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2011

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Articles 241 - 270 of 433

Full-Text Articles in Environmental Law

How Much Should China Pollute?, John Copeland Nagle Jan 2011

How Much Should China Pollute?, John Copeland Nagle

Journal Articles

The debate concerning how much China should pollute is at the heart of international negotiations regarding climate change and environmental protection more generally. China is the world’s leading polluter and leading emitter of greenhouse gases. It insists that it has a right to emit as much as it wants in the future. China interprets the principle of “common but differentiated responsibilities” to mean that China has a responsibility to help avoid the harmful consequences associated with climate change, but that its responsibility is different from that imposed on the United States and the rest of the developed world. In fact, …


Dream Of Californication: Constitutional Questions Put The Brakes On The Nation's First Low Carbon Fuel Standard, Morgan Brubaker Jan 2011

Dream Of Californication: Constitutional Questions Put The Brakes On The Nation's First Low Carbon Fuel Standard, Morgan Brubaker

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Letting A Hundred Transgenic Flowers Blossom: The Future Of Genetically Modified Agriculture In The People's Republic Of China, Michael Debona Jan 2011

Letting A Hundred Transgenic Flowers Blossom: The Future Of Genetically Modified Agriculture In The People's Republic Of China, Michael Debona

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Where Should Haitians Go - Why Environmental Refugees Are Up The Creek Without A Paddle, Amanda A. Doran Jan 2011

Where Should Haitians Go - Why Environmental Refugees Are Up The Creek Without A Paddle, Amanda A. Doran

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Goodbye Family Farms And Hello Agribusiness: The Story Of How Agricultural Policy Is Destroying The Family Farm And The Environment, Melanie J. Wender Jan 2011

Goodbye Family Farms And Hello Agribusiness: The Story Of How Agricultural Policy Is Destroying The Family Farm And The Environment, Melanie J. Wender

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Shale We Drill - The Legal And Environmental Impacts Of Extracting Natural Gas From Marcellus Shale, Todd S. Aagaard, Terry Englender, Hannah Wiseman Jan 2011

Shale We Drill - The Legal And Environmental Impacts Of Extracting Natural Gas From Marcellus Shale, Todd S. Aagaard, Terry Englender, Hannah Wiseman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Arizona Cattle Growers' Association V. Salazar: Does The Endangered Species Act Really Give A Hoot About The Public Interest It Claims To Protect, Matthew Groban Jan 2011

Arizona Cattle Growers' Association V. Salazar: Does The Endangered Species Act Really Give A Hoot About The Public Interest It Claims To Protect, Matthew Groban

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Emerald Coal Resources, L.P. V. Commonwealth Of Pennsylvania, Department Of Environmental Protection: Letter Of Law Trumps Miner Safety, William Gallagher Jan 2011

Emerald Coal Resources, L.P. V. Commonwealth Of Pennsylvania, Department Of Environmental Protection: Letter Of Law Trumps Miner Safety, William Gallagher

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law, Robert V. Percival, Alan Miller Jan 2011

Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law, Robert V. Percival, Alan Miller

Faculty Scholarship

This paper examines claims that intellectual property law, which is designed to create incentives for innovation, actually may inhibit the transfer to developing countries of green energy innovations.  Although the paper cannot find significant examples of green energy technologies whose diffusion has been hindered by existing intellectual property protections, it explores strategies, such as compulsory licensing schemes, for responding to such problems if and when they arise in the future.  The paper concludes that intellectual property law need not be an obstacle to a global transformation toward a green energy infrastructure that can promote economic development while advancing new levels …


Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis Jan 2011

Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis

Maryland Journal of International Law

No abstract provided.


Water, Climate, And Energy Security, Elizabeth Burleson Jan 2011

Water, Climate, And Energy Security, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


The Cancún Climate Conference, Elizabeth Burleson Jan 2011

The Cancún Climate Conference, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson Jan 2011

Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures. Part II of this article will address emergency preparedness for effective disaster response. Part III will analyze how decision-makers can use adaptive management in a shared local, regional, national, and international cohesive frame- work. Part IV will recommend resilient green building strategies. This article concludes that in the midst of an unprecedented energy revolution, there are meaningful emergency preparedness measures that the international community can facilitate to build resilience in the face of natural and unnatural disasters.


Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki Jan 2011

Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …


The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki Jan 2011

The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article discusses public and private efforts to inform consumers about environmentally preferable food choices. Part II describes the environmental consequences of the modern food system. Part III describes existing public and private eco-labeling regimes, including organic labeling, carbon footprint labeling, and country of origin labeling.


Capturing Individual Harms, Katrina Fischer Kuh Jan 2011

Capturing Individual Harms, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …


Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Jan 2011

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman Jan 2011

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Articles

No abstract provided.


Does The Supreme Court's Burlington Northern Decision Require Reconsideration Of The Aceto Line Of "Arranger" Liability Cases?, Aaron Gershonowitz Jan 2011

Does The Supreme Court's Burlington Northern Decision Require Reconsideration Of The Aceto Line Of "Arranger" Liability Cases?, Aaron Gershonowitz

University of Baltimore Law Review

No abstract provided.


The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd Jan 2011

The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd

Faculty Scholarship

Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance carbon …


Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe Jan 2011

Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe

Faculty Scholarship

The global spotlight is once again focused on the challenges of climate change with the annual United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties kicking off this week (November 28th–December 7th) in Durban, South Africa. With the international community looking to Durban for results, an important opportunity exists to address one of the most contentious – and misunderstood – issues in the climate change debate: the role of intellectual property rights in the production of and access to mitigation and adaptation technologies. The rapid development and diffusion of these technologies is a key component of the …


What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman Jan 2011

What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman

Faculty Scholarship

No abstract provided.


A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang Jan 2011

A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang

Faculty Scholarship

The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …


Guarding The Fort, Cook Inlet, Alaska, Erin Sedloff Jan 2011

Guarding The Fort, Cook Inlet, Alaska, Erin Sedloff

UC Law Environmental Journal

No abstract provided.


Tufas On The Shores Of Mono Lake, Nadia Kayyali Jan 2011

Tufas On The Shores Of Mono Lake, Nadia Kayyali

UC Law Environmental Journal

No abstract provided.


Hanging Rock Gold Leaf On Granite Black Feathers, White Bones, William Keener Jan 2011

Hanging Rock Gold Leaf On Granite Black Feathers, White Bones, William Keener

UC Law Environmental Journal

No abstract provided.


The Legal Implications Of The Delta Vision Strategic Plan, Elise Torres Jan 2011

The Legal Implications Of The Delta Vision Strategic Plan, Elise Torres

UC Law Environmental Journal

No abstract provided.


Roof, Dana Kelly Jan 2011

Roof, Dana Kelly

UC Law Environmental Journal

No abstract provided.


Watery Grave: Why International And Domestic Lawmakers Need To Do More To Protect Oceanic Species From Extinction, Brooke Glass-O’Shea Jan 2011

Watery Grave: Why International And Domestic Lawmakers Need To Do More To Protect Oceanic Species From Extinction, Brooke Glass-O’Shea

UC Law Environmental Journal

No abstract provided.