Environmental Law Commons^™

Animal Frontiers: A Tale Of Three Zoos In Israel/Palestine, Irus Braverman

Journal Articles

Situated within fifty miles of each other at the heart of Israel-Palestine, three zoos — Jerusalem, Qalqilya, and Gaza — tell three very different stories about nonhuman animals, humans, and their imbricated survival across borders and at times of war. Through in-depth interviews with personnel from these three zoos, this article tracks the material and symbolic identities of three zoo animals. Yet the article is not just about animals; it is also a story about nationalism and its clandestine manifestations in ideologies of conservation. I argue here that alongside the straightforward story about sustaining wildlife, Israeli zoos’ control of zoo …

Multipolar Governance Across Environmental Treaty Regimes: The Ramsar Convention In Its Middle Age, Kim Diana Connolly

Journal Articles

No abstract provided.

How Did Rggi Do It? Political Economy And Emissions Auctions, Bruce R. Huber

Journal Articles

Among the major emissions trading schemes in operation around the world, the Regional Greenhouse Gas Initiative (RGGI) stands alone: this CO₂ cap-and-trade program among nine northeastern states is the only such scheme to rely primarily on auctions to distribute emissions allowances. The standard practice - distributing allowances for free on the basis of historical emissions - elicits begrudging but politically crucial support from some regulated emitters. Like carbon taxation, allowance auctioning has long been considered economically superior to its alternatives but politically infeasible.

How did the RGGI states manage to defy conventional wisdom and institute a program so reliant …

0809: John Taylor Collection, 1969-2007, Marshall University Special Collections

Guides to Manuscript Collections

Mr. Taylor is an attorney from Charleston, WV that fought for the legal and labor rights of workers across the United States. The majority of the people that Taylor represented were members of unions, including both the United Auto Workers [UAW] and the United Mine Workers of America [UMWA]. Taylor's clients fought to secure access to health benefits and the improvement of working conditions. A large portion of the collection centers on Black Lung cases in West Virginia. In 1982, Taylor and his colleagues organized a group of clients to travel to Washington, D.C. in order to attend the Black …

Keeping Lions, Tigers, And Bears (Oh My!) In Check: The State Of Exotic Pet Regulation In The Wake Of The Zanesville, Ohio Massacre, Christopher M. Lucca

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Toxic "Plain Meaning" And "Moonshadow": Supreme Court Unanimity And Unexpected Consequences, Steven Ferrey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

An Undercurrent Of Discontent: The Chesapeake Bay Total Maximum Daily Load And Its Impact On Bay Industries, Annabelle Klopman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Who "Shale" Regulate The Fracking Industry?, Stephanie Scott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore

University of Colorado Law Review

The financial concept of real options has important consequences in areas of environmental and natural resources law where irreversible decisions are made in the face of uncertainty. This article argues that consideration of real options is necessary to maximize economic returns from nonrenewable natural resource extraction, using offshore oil drilling as a case study. Because decisions over drilling are often framed as a now-or-never choice, the option to wait (or the "real option" value) is improperly treated in administrative processes that determine whether, when, and how offshore oil resources will be tapped. The value associated with the option to delay …

Persuasion Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …

Experiments To Measure The Effects Of Timber Harvesting Equipment On Surface Lithic Scatters, Douglas J. Baughman

All Master's Theses

The importance of cultural resource preservation cannot be overstated; however local economies are at least as important. Due to conservative archaeological site protection practices in Region 5 of the United States Forest Service, the economy of Northeastern California is being adversely affected. In an attempt to help the Forest Service make more informed management decisions and improve the Northeastern California economy, I undertook experiments on the effects of timber harvesting on lithic scatters on Modoc National Forest. The experiments involved placement of 225 glass tiles (proxy lithics) in each of three plots subject to vehicle traffic and log dragging by …

The Co-Author Prenup., David A. Schlueter

St. Mary's Law Journal

Producing a book or article with co-authors is not an easy task. There are six potential issues one might consider before deciding to co-author a book or article. First, do you really want to be a co-author? Second, how many co-authors are going to be involved in the project? Having more than one co-author can make the departure of a co-author less of an issue, but each co-author needs to have a clearly defined role. Third, what role will each member of the team perform and what are those roles? Fourth, what should the co-author “marriage” look like? Multiple scenarios …

Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.

St. Mary's Law Journal

The historical explanation for the adoption of the conditional sales acts is woefully lacking. How and why the first conditional sales acts arose are investigated. Grant Gilmore, when presenting his theory, confessed ignorance concerning the origins of the conditional sale transaction, first known as Holmes’ notes. The failure of traditional legal historians to explain the passage of the conditional sales acts encourages inquiry into their legislative history to find an explanation. Pre-Act American decisions provide clues regarding the ratification of the acts. The courts provided three explanations for their passage: to treat the conditional sale as a chattel mortgage, to …

Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp

St. Mary's Law Journal

Abstract Forthcoming.

Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change, Sara Seck, Craig Brown

Articles, Book Chapters, & Popular Press

This article examines the challenges of paying for loss caused by climate change. It discusses how weather-related harms might become uninsurable by private companies in the future as the adverse effects of climate change increase in severity. Additionally, this article recognizes the difficulty in imposing civil liability on wrongdoers for climate-related harms, and explores options for state-sponsored or state-subsidized insurance. Finally, the authors examine possibilities for an international insurance fund, but eventually conclude that such a fund would unlikely be endorsed at the international level and would not benefit Canadians.

Using Strategic Environmental Assessments To Guide Oil And Gas Exploration Decisions: Applying Lessons Learned From Atlantic Canada To The Beaufort Sea, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Strategic Environmental Assessments have been used on the Atlantic Coast of Canada to inform oil and gas exploration decisions. Both the Newfoundland and Nova Scotia offshore petroleum boards have about a decade of experience with strategic environmental assessments. In the Beaufort Sea, there is no such process currently in place to guide decisions about oil and gas exploration. In the wake of the Deep Horizon spill in the US, this article considers the lessons learned from the Atlantic Canada experience, and makes recommendations for the design of an oil and gas strategic environmental assessment process for exploration in the Beaufort …

The Role Of Ea In Achieving A Sustainable Energy Future In Canada: A Case Study Of The Lower Churchill Panel Review, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Energy projects have featured prominently in environmental assessment (EA) processes in Canada, particularly with respect to panel reviews conducted under the Canadian Environmental Assessment Act (CEAA). Now, for the first time in decades, there is serious talk in Canada of developing a national energy strategy. In this context, the article considers how the federal EA process could be utilized to support such efforts. The Lower Churchill Hydro Project Review Panel is used as a case study to illustrate how project EAs can support broader energy policy consideration.

The Icj, Itlos And The Precautionary Approach: Paltry Progressions, Jurisprudential Jousting, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The precautionary approach, although highly touted as a fundamental principle of international environmental law, has become well-known for the confusion surrounding its interpretation and practical implications. Confusion has emanated from definitional generalities and variations and even debates over appropriate terminology. A spectrum of precautionary measures exist and viewpoints on whether strong versions of precaution or weaker versions should prevail have differed.

Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking—risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and fit …

Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Changes in climatic and demographic trends are sparking renewed interest in cities generally and sustainable communities particularly. On the one hand, residents and workers in denser, mixed-use neighborhoods served by transit have half the carbon footprint of those in spread-out suburban areas. On the other hand, many of the smaller households that characterize the nation’s growing population prefer to live in precisely those compact, mixed-use neighborhoods. In New York, these changes align with several new state policies that encourage cities and towns to reduce carbon emissions, reduce vehicle travel, create sustainable buildings and neighborhoods, and preserve the landscapes that sequester …

Missouri Oil And Gas Update, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

The State of Missouri has untapped potential for the development of oil and natural gas resources. While the Missouri courts were quiet this past year on interpreting oil and gas rules and regulations, the legislature was active in amending laws governing storage tanks. The state has experienced a tremendous upsurge in oil and gas production in the past two fiscal years. Missouri is poised to ramp up its conventional oil and gas production in the coming years, so increased legislative actions and court activity will likely occur in the near future. Missouri's energy resources include coal bed methane, oil sand, …

Environment, Ethics, And The Factory Farm, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Transcript of Symposium: Ethical Implications of the Commercial Use of Animals.

What are the ethics behind factory farming? What are the ethical implications? Specifically, I'd like to focus on the environmental implications. But I define environmental implications a little differently than a lot of folks because I teach animal law.

Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization, Michael Burger

Sabin Center for Climate Change Law

In this Essay, I make a preliminary foray into new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings' attachments to a sense of "place" or "dwelling" and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America's long history of nationalizing nature manifests in the discourse surrounding …

Envisioning Resilient Electrical Infrastructure: A Policy Framework For Incorporating Future Climate Change Into Electricity Sector Planning, Sam C.A. Nierop

Sabin Center for Climate Change Law

Climate change needs to be incorporated in future designs of the electricity sector. This paper argues for a policy framework in which utilities take the lead by performing an electrical climate change impact assessment that evaluates to what extent utilities’ electrical assets are vulnerable to future climate change. Based on this assessment, electrical climate change adaptation plans should be formulated by the utility in cooperation with utility regulators, municipalities and supralocal governments. A collaborative process is essential, because adaptation measures need to be tailored to the regional circumstances and many types of adaptation measures require governmental approval. In order for …

Technology Transfer And Dissemination Under The Unfccc: Achievements And New Perspectives, Stéphanie Chuffart

Sabin Center for Climate Change Law

Response to climate change will critically depend on the cost, performance, and availability of technologies that can lower emissions, mitigate, and adapt to climate change. Technological innovation can furthermore lower the cost of achieving environmental objectives. However, data from the United Nations Framework Convention on Climate Change (UNFCCC) Subsidiary Body for Scientific and Technological Advice flag that although issues of technology transfer have been central to the UNFCCC since the negotiation of the Convention, there is still an urgent need for effective environmental technology diffusion. Building upon lessons learned from technology transfer activities under the Clean Development Mechanism and the …

Legal Issues In Integrated, Multi-Pollutant Planning For Energy And Air Quality, Shawna Ganley, Shelley Welton

Sabin Center for Climate Change Law

In the face of persistent air quality problems, as well as emerging concerns such as greenhouse gases and state budgetary constraints, states are looking to new ways to maximize air quality while minimizing costs. The non-profit Regulatory Assistance Project (RAP) assists states in air quality management, and has recently proposed a new methodology for states to use in order to take a proactive, forward-thinking approach to optimize air quality. RAP’s proposed Integrated, Multi-Pollutant Planning for Energy and Air Quality (IMPEAQ) fosters long-range planning, multi-pollutant analysis and cost optimization modeling to enable state air quality districts to achieve efficient gains in …

Managed Coastal Retreat: A Legal Handbook On Shifting Development Away From Vulnerable Areas, Anne Siders

Sabin Center for Climate Change Law

Numerous legal tools already exist to assist federal, state, and local governments in conducting managed retreat away from the most vulnerable coasts. Scattered publications, toolkits, and websites describe a broad range of legal, policy, and regulatory tools. These tools have, with little fanfare, been used by communities around the United States to implement managed retreat. This Handbook collects examples, case studies, and lessons learned from some of these early innovators in the hope that their lessons can inform future efforts to limit the exposure of our communities to coastal threats. The key legal issues raised by these examples are also …

Improving Water Quality Antidegradation Policies, Sandra B. Zellmer, Robert L. Glicksman

Faculty Law Review Articles

No abstract provided.

The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Multiple government and health organizations recommend the use of warm or hot water in publications designed to educate the public on best practices for washing one’s hands. This is despite research suggesting that the use of an elevated water temperature does not improve handwashing efficacy, but can cause hand irritation. There is reason to believe that the perception that warm or hot water is more effective at cleaning one’s hands is pervasive, and may be one factor that is driving up unnecessary energy consumption and greenhouse gas emissions. We examine handwashing practices and beliefs about water temperature using a survey …

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …