Environmental Law Commons^™

Review Of South Africa's Marine Pollution Prevention Measures, Particularly Those Regarding Vessel-Source Oil Pollution, Sibusiso Rantsoabe

World Maritime University Dissertations

No abstract provided.

Limpopo River Basin Monograph, Sergio Sitoe, Peter Qwist-Hoffman

Policy

The purpose of the Limpopo River Basin Monograph Study (LRBMS) is to compile essential baseline information on the Limpopo River Basin. This is required for the preparation of alternative development scenarios and an Integrated Water Resources Management Strategy and Plan (IWRM Strategy and Plan) for the sustainable management of the Basin. Six themes were agreed for the structure of the monograph and each is described below: Basin Characteristics Socio-economy River Basin Ecosystem Water Resources Water Governance LIMIS There are two main elements of the monograph that are the core outputs of the study, and they bring together the information from …

Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova

William & Mary Environmental Law and Policy Review

No abstract provided.

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden

William & Mary Environmental Law and Policy Review

The almost century-old Migratory Bird Treaty Act (“MBTA”) is straining to fulfill its statutory purpose of protecting migratory birds from the changing and growing threats of a modern industrial society. With approximately 600 million bird deaths per year from a host of anthropogenic activities and infrastructure, including alternative energy projects, oil and gas development, antennas, power lines and buildings, migratory bird populations are under stress that will increase significantly in the near future from a momentous growth in wind energy activity.

Since the 1970s, the Fish and Wildlife Service (“FWS”) has attempted to reconcile the MBTA’s conservation policy and strict …

Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson

William & Mary Environmental Law and Policy Review

Deforestation and desertification, archenemies of efforts to maintain forests as sinks for greenhouse gas emissions, are marching on unabated in Africa, where 90 percent of forests were lost in West Africa over the last century alone. Wangari Maathai, founder of the Green Belt Movement, whose work to restore some of Kenya’s decimated forests predates the connections made by the climate science community between deforestation and climate change, wrote:

Today we are faced with a challenge that calls for a shift in our thinking, so that humanity stops threatening its lifesupport system. We are called to assist the Earth to heal …

See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans

William & Mary Environmental Law and Policy Review

Application of the rule of repose to environmental contamination claims for trespass and nuisance will preclude recovery for plaintiffs who discover the harm or injury outside the repose period. The rule of repose is subject neither to the discovery rule or other equitable tolling devices and runs from the date of the defendant’s culpable conduct. As a consequence, the rule extinguishes claims regardless of accrual of the cause of action. Environmental plaintiffs suffering property damage are particularly vulnerable to the repose bar as harm can occur over many years through the migration of unseen contaminants. Operation of the rule of …

Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey

William & Mary Environmental Law and Policy Review

No abstract provided.

"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal

William & Mary Environmental Law and Policy Review

No abstract provided.

Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico

William & Mary Environmental Law and Policy Review

No abstract provided.

Editorial Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Food Choice Is A Fundamental Liberty Right, David J. Berg

Journal of Food Law & Policy

"[P]laintiffs do not have a fundamental right to obtain any food they wish." "When did we lose our right to buy whatever food we want directly from farmers and assorted food producers, outside of the regulatory system of permits and inspections?" For millennia, humans either caught or raised their own food or purchased it from local farmers or shopkeepers; however they obtained their food, they knew where it came from. In fact, obtaining one's food directly from the farmer who grew it is one of the most traditional economic practices that there can be. But with the industrial age came …

The Market For Drug-Free Poultry: Why Robust Regulation Of Animal Raising Claims Is The Right Prescription To Combat Antibiotic Resistance, Dorinda L. Peacock

Journal of Food Law & Policy

Since their introduction in the mid-twentieth century, antibiotics have become a mainstay of poultry production for purposes ranging from growth promotion to disease treatment and control. Nevertheless, for almost as long, there have been concerns about the role that these agricultural uses play in the development of antibiotic resistant bacteria. The issue of antibiotic resistance in general is fast becoming a public health crisis and scrutiny of agriculture as a contributing cause continues. Nevertheless, to date, neither regulatory efforts to curb agricultural usage nor private sector actions in response to consumer demand and public-interest campaigns have led to significant changes …

Under-Regulation In The State Prison Food System: Consequences And A Proposal For Change, Michael D. Mckirgan

Journal of Food Law & Policy

While federal and state government regulations have become commonplace in almost every conceivable facet of the modem American lifestyle, the prison food system has inconspicuously remained underregulated despite the progress made by the prisoners' rights movement in other areas. Legislatures in most states generally leave prison food regulation to the sole discretion of prison administrators, resulting in a "laissez-faire approach" in the prison food system; an anachronism in contemporary America. Some states' prison systems do in fact self regulate to an adequate degree despite this under-regulation, while others participate in voluntary, nongovernmental prison accreditation programs. However, many states and localities …

Journal Of Food Law & Policy - Fall 2013, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Live For Now: Teens, Soda Marketing, And The Law, Richard A. Daynard, F. Brendan Burke, Cara L. Wilking

Journal of Food Law & Policy

The alarming rate of overweight and obesity in U.S. children, adolescents, and adults has focused attention on the marketing of unhealthy foods and beverages.' Adolescents are heavily targeted in marketing for beverages, including sugary drinks like soda. They have higher rates of overweight and obesity than children less than five years of age, and are on a path to have a shorter life expectancy than their parents. This article analyzes soda marketing through the lens of teen biological and psychological development, marketing tactics commonly used with teen audiences, and consumer protection law principles.

Yea Or Neigh? The Economics, Ethics, And Utility Of The Horsemeat Filet, L. Leon Geyer, Dan Lawler

Journal of Food Law & Policy

While staying surprisingly low profile amongst the general populace, the issue of horse slaughter has become hotly contested in the last decade, evolving into a multifaceted controversy that intertwines questions regarding ethics, international commerce, and contemporary law and politics. Horses were slaughtered in the U.S. in United States Department of Agriculture (USDA) regulated plants until 2007, when an appropriations bill suspended funding for federal inspections of horsemeat. The U.S. was home to three domestic slaughterhouses - two in Texas and one in Illinois - that slaughtered an average of about 115,003 horses per year from 1990 to 2007. Currently, American …

Asserting Treaty Rights To Harness The Wind On The Great Lakes, Gerald Carr

American Indian Law Journal

No abstract provided.

A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath

Seattle University Law Review

Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …

The Climate Change-Sustainable Development Nexus: A Proposal For Convergence, Alvin K. Leong

Dissertations & Theses

This thesis is founded on the proposition that climate change and sustainable development are inextricably linked with each other and form a “nexus” that should be understood in a pragmatic and holistic way. Accordingly, the climate change “problem” cannot be adequately addressed in “silos” or by traditional output control techniques but instead should be viewed as a multidimensional challenge that calls for transformative change in the world energy sector in light of the wider contexts of sustainability and social equity. This thesis observes that with the emergence of a post-2015 development agenda and Sustainable Development Goals (SDGs) at the United …

Converting Natural Resources Into Electricity, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This paper provides the groundwork for understanding the conversion of natural resources, such as wind, solar, biomass, and geothermal, into electric energy. It includes a summary of the current technologies and latest statistics on their distribution among states and on land and water. It also provides an introduction to some of the legal issues related to their deployment and interconnection with the electric grid.

Good-Bye Christopher Columbus Langdell?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The call of this Article was to take "A Prospective Look" at Environmental and Natural Resources Law for the next 40 years with a special focus on law school teaching. Daunted by the hubris involved in prognosticating so far into the future, this piece more modestly explores three areas in which law school teaching is currently changing: I. Methods of Presentation; II. Use of Skills Exercises; and III. Influence of Digital Technologies and the Internet. To add an empirical component, the author canvassed AALS members about pedagogies they used both in class and outside of classroom time, as well as …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies, Usha Varanasi

Washington Journal of Environmental Law & Policy

In the spirit of fostering interdisciplinary dialogue, the Washington Journal of Environmental Law and Policy is proud to present this Article. Professor Varanasi takes examples from her career as a fisheries scientist for the National Oceanographic and Atmospheric Administration to argue for a new model for ecological disaster planning and response, in which baseline ecosystem data is collected in advance of possible incidents so that decision-makers are empowered to make informed choices from the first stages of disaster response. She concludes by urging sustained and targeted funding for long-term ecosystem data collection to better understand various disasters’ effects on a …

"We Can Lead": Washington State's Efforts To Address Ocean Acidification, Amanda M. Carr

Washington Journal of Environmental Law & Policy

The world’s oceans have become approximately thirty percent more acidic since the Industrial Revolution and are currently acidifying at a rate ten times faster than anything the earth has experienced over the last fifty million years. Washington State is undertaking a groundbreaking effort to address ocean acidification, a global issue that has serious implications for the world’s oceans, marine ecosystems, and the individuals and communities that depend upon the services that they provide. These localized actions, in isolation, will be insufficient to effectively combat and adapt to the acidification of marine waters. While acknowledging this generally accepted premise, Washington has …