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Articles 361 - 390 of 588
Full-Text Articles in Environmental Law
Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013), Jonathan Rosenbloom
Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013), Jonathan Rosenbloom
UIC Law Review
No abstract provided.
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Canada-United States Law Journal
No abstract provided.
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Canada-United States Law Journal
No abstract provided.
Do You Know What's On Your Plate?: The Importance Of Regulating The Processes Of Food Production, Martha Dragich
Do You Know What's On Your Plate?: The Importance Of Regulating The Processes Of Food Production, Martha Dragich
Faculty Publications
This article argues that the current regulatory approach-focusing on the supposed equivalence of new foods to traditional ones-is unduly narrow, particularly given the characteristics of the modem food system. To achieve the broad objectives of the FDCA in the context of the industrialized, highly processed, and global food supply of the twenty-first century requires adopting a broader understanding of consumer protection needs with respect to food. The FDCA itself is written in very broad terms and provides much of the authority needed today. The FDA's enforcement capacity, however, already is severely strained.52 Moreover, the scientific basis for some process- oriented …
Too Much Of A Good Thing: How Overpopulation, Overconsumption, And Failing Distributive Justice Programs Are Imperiling Mankind, Michael Keenan
Too Much Of A Good Thing: How Overpopulation, Overconsumption, And Failing Distributive Justice Programs Are Imperiling Mankind, Michael Keenan
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Keystone Xl Pipeline: Charting The Course To Energy Security Or Environmental Jeopardy?, Megan O'Rourke
The Keystone Xl Pipeline: Charting The Course To Energy Security Or Environmental Jeopardy?, Megan O'Rourke
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while others are capitalizing on land as an increasingly promising source of financial returns. Proponents argue that these investments can support economic development in host states while boosting global food production. But critics charge that these “land grabs” disregard land users' rights and further marginalize already …
Shifting Paradigms Transform Environmental And Land Use Law: The Emergence Of The Law Of Sustainable Development, John R. Nolon
Shifting Paradigms Transform Environmental And Land Use Law: The Emergence Of The Law Of Sustainable Development, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
We began these two decades reacting to the market’s interest in developing greenfields and coastal property and end it wondering how to prepare more urbanized places for a growing population of smaller households who seek the amenities of urban living and some protection from the storms ahead. This essay discusses this and nine other fundamental paradigm shifts in environmental and economic conditions that are reshaping the law and changing the way state and local governments control land use and order human settlements.
Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater, David N. Cassuto
Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This Article begins with an overview of the ecology of the Guarani Aquifer region before turning to the legal and ecological problems it faces. Because the majority of the Guarani Aquifer underlies Brazil (with the rest residing below Argentina, Paraguay, and Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently, the Brazilian legal regime forms the focus of the first Part of the Article. The Article then analyzes the international transboundary framework before turning to the recently enacted Agreement on the Guarani Aquifer. This Agreement, signed but not yet ratified by four countries, represents a major …
Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon
Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Sea level rise requires a new paradigm for controlling the development of coastal lands that are in harm’s way, calling for adjustments in the law, legal practice, and legal education. This article discusses the historical tendency of the law to adjust to changes in society and the recent emergence of new legal institutions and strategies for mitigating and adapting to climate change, particularly sea level rise. It illustrates how the lack of certainty about the extent and pace of sea level rise collides with the total takings doctrine of the Lucas case to frustrate the application of traditional land use …
Dynamic Governance Innovation, Elizabeth Burleson
Dynamic Governance Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article frames environmentally sound innovation in the context of transnational network theory with the goal of setting forth a preliminary framework for international legal policy coherence. I consider how network dynamics can facilitate broad diffusion of environmentally sound technologies, concluding that what appears to be fragmented trade, environment, and human rights regimes are indeed sustainable development building blocks with which to achieve dynamic governance. Collaborative environmentally sound innovation networking may be able to shepherd whole renewable energy sectors across the innovation valley of death and help turn a global responsibility to ramp up green technology into a global initiative …
The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio
The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio
Elisabeth Haub School of Law Faculty Publications
This article explores the two different kinds of uncertainty, ‘hard’ uncertainty (unknown unknowns) and ‘soft’ uncertainty (known unknowns), in the context of environmental law decision making. First, the authors argue that these different categories should not be treated the same when facing decisions under uncertainty. To deal with these different uncertainties, a tiered risk analysis process is called for, using participatory techniques to turn hard uncertainty into (more manageable) soft uncertainty as well as to increase the legitimacy of environmental decision making, even in cases of hard uncertainty. This methodology can and should apply to all instances of domestic, transnational …
Challenges To China's Natural Resources Conservation And Biodiversity Legislation, Jason J. Czarnezki
Challenges To China's Natural Resources Conservation And Biodiversity Legislation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Despite China's legislative attempts to conserve its natural resources and in turn protect biodiversity, Chinese law in many aspects remains ineffective in pursuit of these goals due to struggles with implementation, enforcement, and insufficient public participation, as well as legislative prioritization of economic values over ecological ones. This Article provides an overview of biodiversity and conservation legislation in China, and suggests that China can improve this legislation by increasing the public's role in conservation efforts, increasing liability and enforcement mechanisms, and improving administrative coordination.
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …
A "Blunt Withdrawal"? Bars On Citizen Suits For Toxic Site Cleanup, Margot J. Pollans
A "Blunt Withdrawal"? Bars On Citizen Suits For Toxic Site Cleanup, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
Throughout the history of federal statutory environmental law, citizen suits have played a key role in enforcement. Through statutory interpretation, however, courts have narrowed the circumstances under which citizens can sue. This Article explores one such restraint: Courts have severely limited citizen suits under the Resource Conservation and Recovery Act (“RCRA”) by reading very broadly a jurisdiction-stripping provision of RCRA's companion statute, the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”). This Article argues that courts have read that provision too broadly, not only violating traditional principles for resolving inter-statutory conflict but also undermining the purposes of both statutes by …
Keynote Address, Brooksley Born
Responsible Shale Gas Productions: Moral Outrage Vs. Cool Analysis, David B. Spence
Responsible Shale Gas Productions: Moral Outrage Vs. Cool Analysis, David B. Spence
Fordham Environmental Law Review
The relatively sudden boom in shale gas production in the United States using hydraulic fracturing has provoked increasingly intense political conflict. The debate over fracking and shale gas production has become polarized very quickly, in part because of the size of the economic and environmental stakes. This polarized debate fits a familiar template in American environmental law, pitting “cool analysis” against “moral outrage.” Opponents of fracking have generally framed their arguments in moral or ethical terms, while systematic research is beginning to build a more careful and nuanced understanding of the risks associated with shale gas production (though the record …
Fracking Patents: The Emergence Of Patents As Information-Containment Tools In Shale Drilling, Daniel R. Cahoy, Joel Gehman, Zhen Lei
Fracking Patents: The Emergence Of Patents As Information-Containment Tools In Shale Drilling, Daniel R. Cahoy, Joel Gehman, Zhen Lei
Michigan Telecommunications & Technology Law Review
The advantages of new sources of energy must be weighed against environmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. Information about extraction hazards is an extremely important issue. In general, patents are viewed as a positive force in this regard, providing a vehicle for disseminating information in exchange for a limited property right over an invention. However, by limiting the evaluation of an invention by third parties, patents might also be used to control …
New Priorities As The Endangered Species Act Turns 40, Dale Goble
New Priorities As The Endangered Species Act Turns 40, Dale Goble
Articles
No abstract provided.
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Publications
Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Comments: The Hidden Cost Of Rod And Rifle: Why State Fish And Game Laws Must Be Amended In Order To Protect Against Unreasonable Search And Seizure In The Great Outdoors, Bryan M. Mull
University of Baltimore Law Review
No abstract provided.
Energy And Environmental Law, Joel B. Eisen
Energy And Environmental Law, Joel B. Eisen
Law Faculty Publications
This chapter covers energy law, which focuses on the production, distribution, conservation, and development of energy resources. State and federal energy laws and regulations are designed to keep prices to consumers down (particularly in certain energy industries which state and federal governments monitor to keep markets as competitive as possible) and to address economic, environmental, and national security issues.
Environmental Justice As An Essential Tool In Environmental Review Statutes: A New Look At Federal Policies And Civil Rights Protections And California’S Recent Initiatives, Alan Ramo
UC Law Environmental Journal
No abstract provided.
Bear Gultch, Pinnacles National Monument, Ashley Nance
Bear Gultch, Pinnacles National Monument, Ashley Nance
UC Law Environmental Journal
No abstract provided.
The Intersection Between Urban Agriculture And Form-Based Zoning: A Return To Traditional Planning Techniques, Joshua Yellin
The Intersection Between Urban Agriculture And Form-Based Zoning: A Return To Traditional Planning Techniques, Joshua Yellin
UC Law Environmental Journal
No abstract provided.
Oil Companies And Their Branded Dealers’ Contaminated Gas Stations: The Case For Arranger Liability Under Washington’S And Alaska’S Environmental Cost Recovery Statutes, Sharman Braff
UC Law Environmental Journal
No abstract provided.
Chipmunks At Crater Lake, Oregon, Mark Bland
Chipmunks At Crater Lake, Oregon, Mark Bland
UC Law Environmental Journal
No abstract provided.
Adaptive Co-Management Thresholds: Understanding Protected Areas Policy As Normative Conflict, Johnathan Liljeblad
Adaptive Co-Management Thresholds: Understanding Protected Areas Policy As Normative Conflict, Johnathan Liljeblad
UC Law Environmental Journal
No abstract provided.