Environmental Law Commons^™

Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Rio+20 And Biodiversity: What Next? The International And Brazilian Perspectives, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Extended written remarks of the oral panel presentation by Professor Nicholas A. Robinson at the international colloquium in tribute to Ambassador Luiz Alberto Figueiredo do Machado on Rio+20 and Biodiversity: Assessing the Future We Want. Presented as part of the Inaugural Panel, held in the Senate Chamber of Brazil in Brasilia on 26 April 2013 and televised nationally.

Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter

Journal of the National Association of Administrative Law Judiciary

This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …

The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres

Pace Environmental Law Review

Law as a discipline thus must seek greater prominence in the raging debates on the efficacy of modeling as a bioenergy policy driver. To ultimately determine law’s proper role, Part II of my article first assesses the universe of key economic and lifecycle models used in current bioenergy policy initiatives, as well as the models deployed in general environmental decision-making that could affect the siting and operation of biomass cropping and bioenergy facilities. Part III then dissects these models to uncover the multiple ways in which law can improve models both structurally and procedurally to achieve greater accuracy. The conclusion …

International Deployment Of Microbial Pest Control Agents: Falling Between The Cracks Of The Convention On Biological Diversity And The Cartagena Biosafety Protocol?, Guy R. Knudsen

Pace Environmental Law Review

This paper considers one tangled web of conflicting developments. It involves the popular desire to replace chemical pesticides with more “natural” biological control strategies, plus a slowly emerging awareness of a less benign side to microbial pest control agents, based on their potential invasiveness and sometimes striking similarities to agents of bioterrorism and biological warfare. This desire, however, is overshadowed by concerns about the environmental release of genetically engineered organisms. I argue that as some of the concerns about ecological diversity, as captured by the Convention on Biodiversity, were channeled into the subsequent Cartagena Protocol on Biosafety to the Convention …

Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk

Pace Environmental Law Review

Part I of this paper reviews the current opinion surrounding carbon tax proposals as they appear in the literature. Part II will provide an overview of the current cap-and-trade proposals. Part III will introduce a carbon tax with reinvestment. Part IV of this article reviews the leading proposals arguing that a carbon tax is superior to cap-and-trade. And finally, for Part V explains why a carbon tax with reinvestment trumps cap-and-trade.

Harmony With Nature And Genetically Modified Seeds: A Contradictory Concept In The United States And Brazil?, Heather Leibowitz

Pace Environmental Law Review

Looking at the differing regulatory frameworks for genetically modified organisms (GMOs) in the United States and Brazil, this Article will help demonstrate how a lack of scientifically objective standards has allowed regulatory agencies to circumvent environmentally protective and sustainable policies. Additionally, this analysis will help illuminate what corrective steps can be taken.

No Laws In Nanoland: How To Reverse The Trend? The French Example, Nadia Kaddour

Pace Environmental Law Review

This paper will first present an introduction to nanotechnology and its potential environmental, health, and safety (EHS) issues. It will then briefly review the current United States’ situation with regard to nanotechnology regulation before examining the new French regulation on engineered nanomaterial substances, which is a good first step toward a nano-specific legal framework.

Big Things In Small Packages: Evaluating The City Of Berkeley’S Nanotechnology Ordinance Effectiveness As A Model Of Targeted Transparency, Drew Lerer

Pace Environmental Law Review

The purpose of this article is threefold. First, a practical ideal model of a nanotechnology disclosure policy is developed based on relevant literature. Second, the City of Berkeley’s Engineered Nanoparticle Disclosure Ordinance (BENDO) is assessed using the practical ideal type characteristics. Finally, recommendations to improve the BENDO are presented based on the assessment.

The Case For An Information-Forcing Regulatory Definition Of “Nanomaterials”, David A. Dana

Pace Environmental Law Review

This Article reviews regulatory attempts to define nanomaterials to date, including the European Commission’s definition. It then sets forth and explains why agencies should adopt what I am calling an information-forcing definition of nanomaterials. Nanomaterials implicate the same informational problem as many other substances or practices that are the subject of political and legal debate: that is, we (the public) know enough to know that there are some risks but not enough to specify and assess those risks. We know risks are posed by some kinds of small-scale materials in some contexts, but not enough is known to define the …

Searching For The Nano-Needle In A Green Haystack: Researching The Environmental, Health, And Safety Ramifications Of Nanotechnology, Taryn L. Rucinski

Pace Environmental Law Review

This Article will attempt to serve as a primer by demystifying the process of how to efficiently locate resources discussing the environmental health and safety (EHS) impacts of nanotechnology in the United States (U.S.). Part I of this Article begins with an examination of basic strategies for conducting research in the EHS nanotech field. Part II focuses on traditional legal resources such as texts, treatises, encyclopedias, as well as law review and journal articles. Part III examines such non-legal resources as reports, scientific studies, internet sites and other current awareness services. This last section is followed by a brief conclusion.

Environmental Law Confronts The New Industrial Revolution, Leslie Carothers

Pace Environmental Law Review

This issue of the Pace Environmental Law Review presents a set of articles to shed new light on those questions in the case of the products of nanotechnology. For comparison, the issue also includes an article on the regulation of genetically modified organisms in agriculture in the United States and Brazil, an early effort to govern the risks of a major new technology.

Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Errata (Correction Notice), Holly Phillips

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Sovereignty: Expanding The Scope Of Federal Agency Enforcement Powers In Alaska V. Environmental Protection Agency, Joshua Hill

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp

Water, Oil and Gas 101 (April 10)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.

The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …

A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican

Journal of the National Association of Administrative Law Judiciary

The purpose of this case note is to explore the Supreme Court's decision in Massachusetts v. EPA. Part II provides the historical background of global warming, related legislation, the enactment of the Clean Air Act and later amendments, as well as relevant case holdings as to judicial review of agency decisions and implementation of the Clean Air Act. Part III sets out the operative facts of the Massachusetts v. EPA case beginning with the initial rulemaking petition, through the decision of the district court of appeals, and describes the facts as presented to the Supreme Court. Part IV outlines the …

Administrative Decision-Making By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Shining Sun And Blissful Wind: Access To Ict Solutions In Rural Sub-Saharan Africa Through Access To Renewable Sources, Osob Samantar

Sustainable Development Law & Policy

No abstract provided.

China In Africa: Curing The Resource Curse With Infrastructure And Modernization, Jeremy Kelley

Sustainable Development Law & Policy

No abstract provided.

Sustainable Development And The Legal Protection Of The Environment In Europe, Luis A. Avilés

Sustainable Development Law & Policy

No abstract provided.

Compulsory Licensing In Trips: Chinese And Indian Comparative Advantage In The Manufacture And Exportation Of Green Technologies, Rishi R. Gupta

Sustainable Development Law & Policy

No abstract provided.

International Investment Law And Arbitration, Sustainable Development, And Rio+20: Improving Corporate Institutional And State Governance, Perry E. Wallace

Sustainable Development Law & Policy

No abstract provided.

The New Protectors Of Rio: Global Finance And The Sustainable Development Agenda, Ariel Meyerstein

Sustainable Development Law & Policy

No abstract provided.

Moving From Principles To Rights: Rio 2012 And Access To Information, Public Participation, And Justice, David Banisar, Sejal Parmar, Lalanath De Silva, Carole Excell

Sustainable Development Law & Policy

No abstract provided.

Introduction To Rio + 20: A Reflection On Progress Since The First Earth Summit And The Opportunities That Lie Ahead, Roger Martella, Kim Smaczniak

Sustainable Development Law & Policy

No abstract provided.

Editors' Note, Braunson Virjee, Chelsea Tu

Sustainable Development Law & Policy

No abstract provided.