Environmental Law Commons^™

Climate Change And The Roles Of Land Use And Energy Law: An Introduction, David Markell

Scholarly Publications

No abstract provided.

The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan D. Flocks

UF Law Faculty Publications

Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is common with other environmental justice communities. Social challenges include socioeconomic and political inequities that are grounded in the historical domination of the agricultural industry over its labor force. The production and use of pesticides is a function of the economic priorities of industry. Employers profit from pesticide use and are able to maximize their …

An Inconvenient Lie: Big Tobacco Was Put On Trial For Denying The Effects Of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats

Northwestern Journal of Law & Social Policy

Plaintiffs have made several notable attempts to bring nuisance, trespass, and negligence suits against major sources of greenhouse gas emissions for climate change related injuries. While climate change is a widely recognized environmental issue, courts have refused to recognize it as a basis for a valid cause of action in tort, finding either petitioners lack standing to bring the claim, or that the claim raises political questions that should not be addressed by the judiciary. Some more recent climate change tort claims have also included allegations of fraud on the part of the hydrocarbon industry for actively perpetuating misinformation about …

From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn

Dalhousie Law Journal

With a renewed global interest in achieving a more sustainable society, the authors reflect on the history of institutionalizing sustainable development in their province, Manitoba, and consider its future. This paper outlines that province's approaches to developing and advancing sustainable development and discusses the success of these approaches in shaping, guiding, and furthering sustainable development in the province. This is achieved through examination of legislation and review of sustainable development documents as well as interviews with various participants in the process including members of the Manitoba Round Table for Environment and Economy and members of the more recent Manitoba Round …

In Search Of "Compass And Gyroscope": Where Were Adaptive Management And Principled Negotiation In Nova Scotia's Forest-Strategy Process?, Peter N. Duinker

Dalhousie Law Journal

In his landmark 1993 book entitled Compass and Gyroscope: Integrating Science and Politics for the Environment, Kai Lee outlined the need for stronger processes in support of sustainable development. The science of adaptive management and the politics of principled negotiation were offered as the most promising approaches. The author uses these concepts to evaluate the process used to develop Nova Scotia's natural resources strategies of August 2011, specifically the forest strategy following the Environmental Goals and Sustainable Prosperity Act. The findings show that, by comparison with similar policy-development processes used elsewhere in Canada, the Nova Scotia process lacked both foresight …

Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour

Dalhousie Law Journal

This paper compares carbon pricing policies in British Columbia and Australia in order to identify differences between carbon taxes and emissions trading schemes (ETS) from a fairness perspective. We examine how taxes and trading systems impact indigenous communities in both jurisdictions. While the regressivity of carbon pricing is a critical part of any fairness assessment, we argue that socioeconomic and cultural factors must also be taken into consideration. We discuss the importance of accompanying carbon pricing with policies that mitigate not only distributional impacts, but also additional impacts. These may be funded by the revenue generated by the policy or …

Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi

Dissertations & Theses

The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …

Ripening On The Vine: North Carolina's Renewable Energy And Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead Of 2012 Compliance Deadline, Robert W. Kaylor, Patrick T. Buffkin

North Carolina Central Law Review

No abstract provided.

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia E. Salkin

Scholarly Works

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …

Protecting Pennsylvania’S Three Rivers’ Water Resources From Shale Gas Development Impacts, Jennifer Hayes

Duke Environmental Law & Policy Forum

No abstract provided.

"And The People Of The Province": Egspa's Social Deficit, Susan Tirone, Lkaren Gallant, Katie Sykes

Dalhousie Law Journal

The success of the Nova Scotia Environmental Goals and Sustainable Prosperity Act (EGSPA) depends on citizen action, changes in attitudes and in the way citizens conduct their lives. In this article the authors discuss the challenges associated with encouraging citizen engagement with EGSPA, and in promoting public awareness and attitudes that support sustainability in Nova Scotia.

Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner

William & Mary Law Review

It is generally believed that the judicial review of agency rulemakings helps protect the public interest against industry capture. Yet very little empirical research has been done to assess the accuracy of this conventional wisdom. This Study examines the entire set of air toxic emission regulations promulgated by the Environmental Protection Agency (EPA), with particular attention to those rules appealed to judgment in the court of appeals, and discovers significant disconnects between popular understanding of judicial review and rulemaking reality. Of these air toxic rules (N=90), the courts were summoned to review only a small fraction (8%), despite evidence that …

Environmental And Social Implications Of Hydraulic Fracturing And Gas Drilling In The United States: An Integrative Workshop For The Evaluation Of The State Of Science And Policy, Workshop Report

Duke Environmental Law & Policy Forum

No abstract provided.

Considering Shale Gas Extraction In North Carolina: Lessons From Other States, Sarah K. Adair, Brooks Rainey Pearson, Jonas Monast, Avner Vengosh, Robert B. Jackson

Duke Environmental Law & Policy Forum

No abstract provided.

Can Volunteers Pick Up The Slack? Efforts To Remedy Knowledge Gaps About The Watershed Impacts Of Marcellus Shale Gas Development , Abby J. Kinchy, Simona L. Perry

Duke Environmental Law & Policy Forum

No abstract provided.

Factual Causation: The Missing Link In Hydraulic Fracture—Groundwater Contamination Litigation, Jeffrey C. King, Jamie Lavergne Bryan, Meredith Clark

Duke Environmental Law & Policy Forum

No abstract provided.

Fracturing Regulation Applied, Hannah Wiseman

Duke Environmental Law & Policy Forum

No abstract provided.

A Functional Approach To Risks And Uncertainties Under Nepa, Todd S. Aagaard

Faculty Publications

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of their proposed actions. This requires agencies to make ex ante predictions about environmental consequences that often involve a significant degree of factual risk or uncertainty. Considerable controversy exists regarding how agencies should address such risks and uncertainties. Current NEPA law adopts a largely ad hoc approach that lacks coherence and analytical rigor. Some environmentalists and legal scholars have called for a greater emphasis on worst-case analysis in environmental planning, especially after the recent Deepwater Horizon oil spill in the Gulf of Mexico and the meltdowns …

Changing Venue Of International Governance And Finance: Exercising Legal Control Over The $100 Billion Per Year Climate Fund?, Steven Ferrey

Suffolk University Law School Faculty Works

Developed countries have committed to the largest sustained international transfer of wealth in history: an additional $100 billion per year of foreign assistance continuing in perpetuity under the Copenhagen Accord to deal with global warming in developing countries. A legal microscope has been focused by various international parties to scrutinize these funds. These trillions of dollars of international finance must be applied correctly, or the entire globe warms, and humanity suffers.

Developing countries demand that these funds be administered through new organizations with control by recipient, rather than donor, nations, with fewer administrative requirements and monitoring of recipient expenditure decisions. …

Private Policing Of Environmental Performance: Does It Further Public Goals?, Sarah L. Stafford

Faculty Publications

Over the past two decades the role of private parties in the policing of environmental regulation has grown dramatically. In some cases the Environmental Protection Agency (EPA) has led this effort. In other situations, private parties have provided the impetus for new policing activities that are conducted independently from the EPA. Private policing can be beneficial when the increased involvement of the private sector either decreases the costs of achieving a particular level of environmental performance or increases environmental performance in a cost-effective manner. Private parties, however, could also divert regulated entities away from regulatory objectives. This Article explores the …

Rulemaking As Politics, Thirty Years On, Michael Herz

Articles

No abstract provided.

Effectiveness Of Citizens Advisory Boards In Addressing Fairness In Environmental Public Disputes , Melissa Lor

Pepperdine Dispute Resolution Law Journal

This paper will assess whether or not consensus building and citizens advisory boards adequately address the issues of procedural fairness regarding public participation in environmental disputes. Part II describes the preceding methods leading up to the development of consensus building and citizens advisory boards in dealing with public involvement. In particular, it discusses the review-and-comment and regulatory negotiation models to environmental public disputes. Part III describes the consensus building process, particularly the use of citizens advisory boards, and evaluates the effectiveness of consensus building and citizens advisory boards in addressing fairness of public participation. In addition, it discusses the use …

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …

The Arctic Council: Gatekeeper Or Doormat To The World’S Next Major Resource Battle?, Oded Cedar

Sustainable Development Law & Policy

No abstract provided.

Weak Planning Process Frustrates Protection Of Puerto Rico’S Threatened Coastline, Mark Borak

Sustainable Development Law & Policy

No abstract provided.

A Case For The United States’ Opposition Of International And Domestic Coal Subsidies, Josh Fieldstone

Sustainable Development Law & Policy

No abstract provided.

The Real Cost Of China’S Rare Earth Export Quotas On American Job Security, Katherine Weatherford

Sustainable Development Law & Policy

No abstract provided.

Collaboration And The Ecology Of Democracy, Daniel Kemmis, Matthew Mckinney

Sustainable Development Law & Policy

No abstract provided.

Water Crisis In The Murray-Darling Basin: Australia Attempts To Balance Agricultural Need With Environmental Reality, Joshua Axelrod

Sustainable Development Law & Policy

No abstract provided.

Threats To A Sustainable Future: Water Accumulation And Conflict In Latin America, Rutgerd Boelens, Mourik Bueno De Mesquita, Antonio R Gaybo, Francisco Peña

Sustainable Development Law & Policy

No abstract provided.