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Environmental Law Commons

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2013

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Articles 241 - 270 of 588

Full-Text Articles in Environmental Law

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh Apr 2013

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh

Articles

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …


Introduction: Bumper Sticker Debates, David Roche, Sara Dewey Apr 2013

Introduction: Bumper Sticker Debates, David Roche, Sara Dewey

Duke Environmental Law & Policy Forum

No abstract provided.


Putting Free Enterprise To Work: A Conservative Vision Of Our Environmental Future, Bob Inglis Apr 2013

Putting Free Enterprise To Work: A Conservative Vision Of Our Environmental Future, Bob Inglis

Duke Environmental Law & Policy Forum

No abstract provided.


Conservative Principles For Environmental Reform, Jonathan H. Adler Apr 2013

Conservative Principles For Environmental Reform, Jonathan H. Adler

Duke Environmental Law & Policy Forum

No abstract provided.


A Conservative Approach To Environmental Law: Be Data Driven, Shi-Ling Hsu Apr 2013

A Conservative Approach To Environmental Law: Be Data Driven, Shi-Ling Hsu

Duke Environmental Law & Policy Forum

No abstract provided.


Public Wildlife On Private Land: Unifying The Split Estate To Enhance Trust Resources, Reed Watson Apr 2013

Public Wildlife On Private Land: Unifying The Split Estate To Enhance Trust Resources, Reed Watson

Duke Environmental Law & Policy Forum

No abstract provided.


The Wind Production Tax Credit And The Case For Ending All Energy Subsidies, Nicolas Loris Apr 2013

The Wind Production Tax Credit And The Case For Ending All Energy Subsidies, Nicolas Loris

Duke Environmental Law & Policy Forum

No abstract provided.


Strange Bedfellows: Smartersafer.Org And The Biggert-Waters Act Of 2012, Eli Lehrer Apr 2013

Strange Bedfellows: Smartersafer.Org And The Biggert-Waters Act Of 2012, Eli Lehrer

Duke Environmental Law & Policy Forum

No abstract provided.


Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman Apr 2013

Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.


Bound And Gagged: Potential First Amendment Challenges To “Ag-Gag” Laws, Jessalee Landfried Apr 2013

Bound And Gagged: Potential First Amendment Challenges To “Ag-Gag” Laws, Jessalee Landfried

Duke Environmental Law & Policy Forum

No abstract provided.


Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy Apr 2013

Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy

Duke Environmental Law & Policy Forum

No abstract provided.


Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky Apr 2013

Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky

West Virginia Law Review

No abstract provided.


Trends In Environmental Law Scholarship 2008-2011, Linda K. Breggin, Jacob P. Byle, Lynsey R. Gaudioso, Seamus T. Kelly Apr 2013

Trends In Environmental Law Scholarship 2008-2011, Linda K. Breggin, Jacob P. Byle, Lynsey R. Gaudioso, Seamus T. Kelly

Vanderbilt Law School Faculty Publications

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature. As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles written in the past year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic years …


Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst Apr 2013

Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst

Virginia Coastal Policy Center

No abstract provided.


The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders Apr 2013

The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders

Virginia Coastal Policy Center

No abstract provided.


Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius Apr 2013

Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius

Virginia Coastal Policy Center

No abstract provided.


Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning Apr 2013

Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning

Virginia Coastal Policy Center

No abstract provided.


Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet Apr 2013

Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet

Virginia Coastal Policy Center

No abstract provided.


The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill Apr 2013

The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill

Virginia Coastal Policy Center

No abstract provided.


Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn Apr 2013

Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn

Virginia Coastal Policy Center

No abstract provided.


The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott Apr 2013

The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott

Virginia Coastal Policy Center

No abstract provided.


“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block Apr 2013

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.


Conservative Principles For Environmental Reform, Jonathan H. Adler Apr 2013

Conservative Principles For Environmental Reform, Jonathan H. Adler

Faculty Publications

The nation’s environmental regulatory architecture may not have changed significantly over the past few decades, but the range of environmental problems has. Regulatory measures designed to address the industrial pollution of the twentieth century are poorly suited to address the more complex and difficult challenges of the twenty-first.

There is an urgent need to debate the future of environmental protection in this country. If the debate is to be productive, it needs to span the political spectrum. Therein lies a problem: It is unclear whether many on the political right are prepared to engage in serious policy discussion about the …


The Patterns Of Pollution: Providing Evidence Of The Unequal Distribution Of Pollution In Environmental Justice Communities, David Deganian Mar 2013

The Patterns Of Pollution: Providing Evidence Of The Unequal Distribution Of Pollution In Environmental Justice Communities, David Deganian

Environmental and Animal Law

The Center for International Law & Justice and the Environment, Development & Justice Project Present the Third Annual Spring Environmental Justice Lecture featuring Professor David Deganian.


Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon Mar 2013

Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Changing Policy Without Changing Law: Addressing Climate Change Under The Clean Air Act, Philip Wallach Mar 2013

Changing Policy Without Changing Law: Addressing Climate Change Under The Clean Air Act, Philip Wallach

Brookings Scholar Lecture Series

The evolution of our national climate change policy at the Environmental Protection Agency (EPA) from the 1990s-2000s, is marked by a backdrop of congressional inaction. In 2007, litigation (Massachusetts v. EPA) required the EPA to re-interpret the Clean Air Act to also apply to greenhouse gases. This presentation will include a summary of the legal arguments in that case, and the narrow Supreme Court decision that supported the petitioners; a review of the legal and practical challenges emanating from this ruling; and consideration of the EPA's impact on continuing legislative debates. The speaker will explore the impact of this decision …


The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters Mar 2013

The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller Mar 2013

Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Table Of Contents Mar 2013

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson Mar 2013

Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson

Washington and Lee Journal of Energy, Climate, and the Environment

Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …