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2012

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Articles 451 - 480 of 671

Full-Text Articles in Environmental Law

It’S A Question Of Proportionality: Proposition 26’S Impacts On Funding For The Global Warming Solutions Act Of 2006, Mary Holing Jan 2012

It’S A Question Of Proportionality: Proposition 26’S Impacts On Funding For The Global Warming Solutions Act Of 2006, Mary Holing

UC Law Environmental Journal

No abstract provided.


Frozen Cathedral, Michael Bland Jan 2012

Frozen Cathedral, Michael Bland

UC Law Environmental Journal

No abstract provided.


Bringing The Green To Green: Would The Legalization Of Marijuana In California Prevent The Environmental Destruction Caused By Illegal Farms?, Dana Kelly Jan 2012

Bringing The Green To Green: Would The Legalization Of Marijuana In California Prevent The Environmental Destruction Caused By Illegal Farms?, Dana Kelly

UC Law Environmental Journal

No abstract provided.


Colorado River, Chloe Angelis Jan 2012

Colorado River, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


The Lone Plover, Anonymous Anonymous Jan 2012

The Lone Plover, Anonymous Anonymous

UC Law Environmental Journal

No abstract provided.


Payments For Freshwater Ecosystem Services: A Framework For Analysis, Marcia Silva Stanton Jan 2012

Payments For Freshwater Ecosystem Services: A Framework For Analysis, Marcia Silva Stanton

UC Law Environmental Journal

No abstract provided.


Ocean Rock, Erin Sedloff Jan 2012

Ocean Rock, Erin Sedloff

UC Law Environmental Journal

No abstract provided.


Creating A Carbon Sequestration Right: A Legal Tool To Enhance The Use Of Forest-Based Carbon Offsets, Abigail Stecker Jan 2012

Creating A Carbon Sequestration Right: A Legal Tool To Enhance The Use Of Forest-Based Carbon Offsets, Abigail Stecker

UC Law Environmental Journal

No abstract provided.


Forest Sky, Adam Regele Jan 2012

Forest Sky, Adam Regele

UC Law Environmental Journal

No abstract provided.


Bridge, Adam Regele Jan 2012

Bridge, Adam Regele

UC Law Environmental Journal

No abstract provided.


More Stringent Regulation Of Biodiesel Fuel Is Needed In California, Veery Maxwell Jan 2012

More Stringent Regulation Of Biodiesel Fuel Is Needed In California, Veery Maxwell

UC Law Environmental Journal

No abstract provided.


An Oil Spill And Exceptions To The Mootness Doctrine: Hornbeck V. Salazar Erroneously Decided?, Spencer R. Burrows Jan 2012

An Oil Spill And Exceptions To The Mootness Doctrine: Hornbeck V. Salazar Erroneously Decided?, Spencer R. Burrows

UC Law Environmental Journal

No abstract provided.


Cave, Adam Regele Jan 2012

Cave, Adam Regele

UC Law Environmental Journal

No abstract provided.


Maintaining The World’S Marine Biodiversity: Using The Endangered Species Act To Stop The Climate Change Induced Loss Of Coral Reefs, Blake Armstrong Jan 2012

Maintaining The World’S Marine Biodiversity: Using The Endangered Species Act To Stop The Climate Change Induced Loss Of Coral Reefs, Blake Armstrong

UC Law Environmental Journal

No abstract provided.


Informational Standing After Summers, Bradford Mank Jan 2012

Informational Standing After Summers, Bradford Mank

Faculty Articles and Other Publications

In its recent The Wilderness Society v. Rey decision, the Ninth Circuit addressed the difficult question of when a statute may establish a right to informational standing. The D.C. Circuit and the Sixth Circuit had previously reached different conclusions about whether environmental statutes promoting public participation or requiring environmental assessments in certain circumstances create a right to informational standing. The Ninth Circuit in its The Wilderness Society decision interpreted the Supreme Court’s 2009 decision in Summers v. Earth Island Institute, which explicitly narrowed procedural rights standing, as implicitly narrowing standing rights in general and concluded that general notice and …


Jan. 1, 2012, Performance Standard 1, Ifc Jan 2012

Jan. 1, 2012, Performance Standard 1, Ifc

IFC E&S Performance Standards

No abstract provided.


Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb Jan 2012

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

UIC Law Review

No abstract provided.


Exporting Waste: Regulation Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba Jan 2012

Exporting Waste: Regulation Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

The international trade in hazardous wastes has been a subject of controversy for decades. Notorious examples of hazardous wastes being improperly disposed of in Africa have created concern about the legitimacy of developed western countries “dumping” the hazardous byproducts of their industrial development on less-developed countries.

This article examines the legal bases for EPA’s regulation of the exports of hazardous waste under the Resource Conservation and Recovery Act. It contains a detailed examination of EPA’s complex sets of export regulations and provides data on the actual scope of exports reported to EPA. It examines a series of questions regarding EPA’s …


Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment, Stefanie Bowles Jan 2012

Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment, Stefanie Bowles

Canada-United States Law Journal

No abstract provided.


Wildlife, Water Quality, And The Public Trust Doctrine: A Means Of Enforcing Agricultural Nonpoint Source Pollution Management Plans, Veronique Jarrell-King Jan 2012

Wildlife, Water Quality, And The Public Trust Doctrine: A Means Of Enforcing Agricultural Nonpoint Source Pollution Management Plans, Veronique Jarrell-King

Villanova Environmental Law Journal (1991 - )

No abstract provided.


From Tailwind To Typhoon: Alliance To Protect Nantucket Sound, Inc. V. Energy Facilities Siting Bd. Blows Federal Jurisdiction Inland And Creates Dangerous Precedent Under Slipshod Interpretation, Spencer Curtis Jan 2012

From Tailwind To Typhoon: Alliance To Protect Nantucket Sound, Inc. V. Energy Facilities Siting Bd. Blows Federal Jurisdiction Inland And Creates Dangerous Precedent Under Slipshod Interpretation, Spencer Curtis

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley Jan 2012

The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley

Global Business Law Review

The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA (Resource Conservation and Recovery Act) Citizen suit provision, barring any remedy for the Ohio citizens who brought the suit. This flawed interpretation has been adopted nationwide by other Appellate Circuit Courts. This article compares the remedies available to U.S. citizens for environmental harms with those remedies available to the citizens under …


Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.


Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon Jan 2012

Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …


Reflecting On Measured Deliberations, Nicholas A. Robinson Jan 2012

Reflecting On Measured Deliberations, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“Environmental law is essential for the protection of natural resources and ecosystems and reflects our best hope for the future of our planet”. This declaration, made by participants at the Rio+20 World Congress on Justice, Governance and Law for Environmental Sustainability, reflects the maturing of environmental law around the world. Usually implicitly, but often explicitly, the deliberations at Rio+20 in June 2012 addressed the dual needs for more effective implementation of existing environmental norms and enacting further laws to stem global degradation of the environment. Rio+20 recommended that, in the autumn of 2012, the United Nations General Assembly (UNGA) act …


Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon Jan 2012

Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Under the Beach and Shore Preservation Act, the State of Florida is authorized to conduct extraordinarily expensive beach renourishment projects to restore damaged coastal properties. The statute advances the State’s interest in repairing the damage to the coastal ecosystem and economy caused by hurricanes, high winds, and storm surges. The effect of a renourishment project conducted under the statute is to fix the legal boundary of the littoral property owner at an Erosion Control Line. Plaintiffs in Walton County v. Stop the Beach Renourishment, Inc. claimed that the statute took their common law property rights to their boundary, which would, …


The Rio+20 Process: Forward Movement For The Environment?, Ann Powers Jan 2012

The Rio+20 Process: Forward Movement For The Environment?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This commentary summarizes the events at the recent UN Conference on Sustainable Development, commonly referred to as Rio+20, noting both the role of official national delegations and the diversity of non-state parties that were involved in a variety of venues at and around Rio+20. It sketches the background of sustainable development efforts, maps the road from the original 1992 Rio Earth Summit to the 20th anniversary gathering, and comments on the Conference’s outcomes and their implications for international law and legal institutions. In answer to the much debated question of whether the Rio+20 was a success or a failure, or …


Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers Jan 2012

Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article first examines the physical, cultural, and economic backgrounds of four vulnerable states—Tuvalu, Seychelles, Maldives, and Bangladesh—and discusses the extent to which each might be affected by sea-level rise. It then considers, in turn, the legal implications of the current rules on maritime delimitation under UNCLOS for the states, along with their efforts to adapt to sea-level rise.


Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan Jan 2012

Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

In a recent interview in Time magazine, EPA administrator Lisa Jackson commented on congressional efforts to undo her greenhouse gas endangerment finding under Clean Air Act section 202: “I don't think that history will forget the first time that politicians made a law to overrule scientists.” Proponents of aggressive action to control greenhouse gases are frustrated that the international scientific consensus that disruptive climate change is highly probable and caused by anthropogenic emissions has not prevailed in the political marketplace of ideas in the United States. This truth-seeking, open marketplace of ideas is not just a recognized foundational principle in …


Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto Jan 2012

Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …