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Articles 121 - 150 of 643
Full-Text Articles in Environmental Law
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
Georgia Journal of International & Comparative Law
No abstract provided.
Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer
Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer
Georgia Journal of International & Comparative Law
No abstract provided.
Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker
Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker
Washington and Lee Journal of Energy, Climate, and the Environment
Whistleblowers could facilitate the regulation of the environmental sector at little to no cost to the taxpayer. Often, potential whistleblowers have timely access to information that would enable them to avert or minimize environmental damage and to protect our communities. However, existing federal and state regulations fail to adequately protect environmental whistleblowers and to incentivize potential environmental whistleblowers. These failures unjustly penalize whistleblowers and discourage potential whistleblowers. This article uses research findings and a case study to illuminate these failings and to argue for reforms that would better protect and incentivize whistleblowers
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
Masthead & Front Matter
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Washington and Lee Journal of Energy, Climate, and the Environment
In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …
The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis
The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis
Washington and Lee Journal of Energy, Climate, and the Environment
Since 1997 the International Maritime Organization, the United Nations agency responsible for the regulation of the international shipping sector, has been developing rules for the reduction of the sector’s greenhouse gas emissions. Significant difficulties have, however, emerged in the creation of appropriate economic instruments for reducing its greenhouse gas emissions, bringing to the forefront the application of the principle of common but differentiated responsibilities and respective capabilities (“CBBDRC”). A key principle within international climate change law, CBDDRC allows developing States, least developed States and the most environmentally vulnerable to be differentially treated based on their special situation and needs. Developing …
Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris
Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris
Washington and Lee Journal of Energy, Climate, and the Environment
Feminist legal theorist Martha Fineman has suggested that recognition of universal human “vulnerability” should be the starting point for thinking about the state’s obligations to its citizens. This Article argues that Fineman’s concept of vulnerability is valuable for situating political and legal theory within a concern for the natural world. We live in what some scientists have dubbed the Anthropocene—an age in which our collective behavior has serious implications for the flourishing of all life on earth. The concept of “ecological vulnerability” recognizes that humans are vulnerable not only because they age, become ill, and die, but because their survival …
Fracking Preemption Litigation, James K. Pickle
Fracking Preemption Litigation, James K. Pickle
Washington and Lee Journal of Energy, Climate, and the Environment
Fracking is not a new technology, but it only recently came to the forefront of energy industry news. Fracking’s recent fame has been both positive and negative. Fracking proponents have lauded the economic and environmental benefits of the process. They cite the process’ ability to extract formerly inaccessible oil and natural gas, which reduces the U.S.’s demand for foreign oil and natural gas and reduces the use of coal. In contrast, fracking opponents state fracking damages the environment by diluting drinking water with harmful chemicals, generating emissions, and creating general nuisances for communities. They believe fracking’s harmful impacts clearly outweigh …
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?, Matthew Hale
Washington and Lee Journal of Energy, Climate, and the Environment
Energy regulation is not a new topic, but after the Enron scandal, Congress made significant changes. The changes were embodied in the Energy Policy Act of 2005. One major change was to FERC's ability to hand down penalties for market manipulation. Recently, FERC has been aggressively enforcing its power and anticipates anti-manipulation enforcement will be a point of emphasis in the future. The first entity to challenge FERC's power in federal court is Barclays. The Barclays case, other recent enforcement actions, and the regulations FERC has promulgated provide a guide to regulated entities about how and when they should challenge …
Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands, Alison Leary
Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands, Alison Leary
Washington and Lee Journal of Energy, Climate, and the Environment
A healthy and robust network of wetlands protects coastal communities from storm damage caused by hurricanes. Unfortunately, development pressures threaten wetlands along the South Atlantic coast, the region most susceptible to an increased risk of climate change induced hurricanes. If these wetlands are not protected from destruction, coastal communities will be left without a buffer against flooding, storm damage, and sea level rise. In addition to putting the public at large in physical danger, significant environmental justice concerns accompany the failure to protect coastal wetlands. In order to protect these ever-diminishing resources, federal and state law makers have enacted regulatory …
A Proposed Reconciliation Of Stakeholder Interests In The Ge Soybean Industry And Role Of Earth Jurisprudence Principles, Kristen N. King Jaiven
A Proposed Reconciliation Of Stakeholder Interests In The Ge Soybean Industry And Role Of Earth Jurisprudence Principles, Kristen N. King Jaiven
Florida A & M University Law Review
The historical art of seed saving ensured farmers would have enough quality seeds for the following season. Traditional and indigenous farmers mastered seed saving techniques, saving the healthiest and strongest seeds to ensure preservation of seed diversity and adequate crop yields. To provide adequate protection and meet maximum sustainability for all interested parties, it is essential that laws governing the soybean industry consider the soybean as a stakeholder.
The State Response To Climate Change: 50 State Survey, Laura Jensen, Kelly Nishikawa, Benjamin Lowenthal
The State Response To Climate Change: 50 State Survey, Laura Jensen, Kelly Nishikawa, Benjamin Lowenthal
Elisabeth Haub School of Law Faculty Publications
This survey accompanies Global Climate Change and U.S. Law, Second Edition (Michael B. Gerrard and Jody Freeman, eds, 2014). It compiles state legislation, rules and executive orders that specifically address climate change as of the end of April 2014. It also includes a wide variety of state activities that may have an impact on greenhouse gases including legislation related to energy efficiency and renewable energy. The focus of this material is to provide readers with an understanding of the range of state activity that may contribute to greenhouse gas reduction and climate change. Some types of energy efficiency, alternative fuels …
Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher
Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In one of the most anxiously awaited New York land use decisions in recent memory, the State’s highest court held that local governments have the power to regulate hydrofracking under their authority to enact zoning ordinances. Both the Towns of Dryden and Middlefield enacted zoning laws that entirely banned gas drilling and associated activities within their borders. The plaintiffs, a private gas company in one case and a private property owner in the other, claimed that a supersession clause in the State Oil, Gas, and Solution Mining Law (OGSML) preempted local authority. After reviewing the plain language of the OGSML, …
Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre
Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre
Library Scholarly Publications
The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The concerns that arise in this complex environmental context extend beyond the scope of traditional legal research resources to include historical, social, scientific, and governmental documents that reside in unique archival collections.
Through the conversation that follows, senior archivist William LeFevre of the Walter P. Reuther Library shares his experience and insights on how archival resources can provide essential support …
Positive And Negative Spillover Of Pro-Environmental Behavior: An Integrative Review And Theoretical Framework, Heather B. Truelove, Amanda R. Carrico, Elke U. Weber, Kaitlin Toner Raimi, Michael P. Vandenbergh
Positive And Negative Spillover Of Pro-Environmental Behavior: An Integrative Review And Theoretical Framework, Heather B. Truelove, Amanda R. Carrico, Elke U. Weber, Kaitlin Toner Raimi, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
A recent surge of research has investigated the potential of pro-environmental behavior interventions to affect other pro-environmental behaviors not initially targeted by the intervention. The evidence evaluating these spillover effects has been mixed, with some studies finding evidence for positive spillover (i.e., one pro-environmental behavior increases the likelihood of performing additional pro-environmental behaviors) and others finding negative spillover (i.e., one pro-environmental behavior decreases the likelihood of additional pro-environmental behaviors). Different academic disciplines have investigated this question, employing different methodologies and arriving at divergent findings. This paper provides a unifying theoretical framework and uses the framework to review the existing research …
Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes
Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes
Journal of Public Law and Policy
Mille Lacs Lake, one of Minnesota’s over 13,000 lakes, holds a reputation for being one of the best walleye fisheries in Minnesota, as well as being a fishing destination for anglers across the nation. In 1999 the Supreme Court held that the Mille Lacs Band of Chippewa Indians retained hunting and fishing rights on ceded land that were granted to them in the 1837 Treaty of St. Peters. Part of this ruling allowed the Mille Lacs tribe to continue their commercial walleye fishing operation on Mille Lacs Lake. Since the Supreme Court’s ruling, the walleye population on Mille Lacs Lake …
Assessing The Silica (Frac) Sand Mining Environmental Regulatory Frameworks In Minnesota And Wisconsin: Who Has A Better Plan For Digging, The Gophers Or Badgers?, William Miley
Journal of Public Law and Policy
In recent years silica (frac) sand mining activity in Minnesota and Wisconsin has grown significantly due to high demand for the sand from the hydraulic fracturing (or “fracking”) oil and gas extraction industry. Consequently, there has been much debate in the region over the proper state and local regulatory controls and overall framework to adequately protect against health and environmental impacts associated with the mining activities while also avoiding undue regulatory burdens that hinder economic development. This article analyzes the silica sand mining regulatory schemes in Minnesota and Wisconsin to determine if this booming industry is met with appropriate oversight. …
Assessment On Psc Inspection During Mimsas On Implementation Of Marpol 73/78, Yuxin Zheng
Assessment On Psc Inspection During Mimsas On Implementation Of Marpol 73/78, Yuxin Zheng
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
Research On Measures To Accelerate The Implementation Of Ballast Water Management Convention, 2004, Zhe Yang
Research On Measures To Accelerate The Implementation Of Ballast Water Management Convention, 2004, Zhe Yang
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
One Giant Heap For Mankind: The Need For National Legislation Or Agency Action To Regulate Private Sector Contributions To Orbital Debris, Charles Mottier
One Giant Heap For Mankind: The Need For National Legislation Or Agency Action To Regulate Private Sector Contributions To Orbital Debris, Charles Mottier
Pace Environmental Law Review
This article will explain the dynamics of the space environment, examine current space law and its shortcomings both internationally and nationally, and present reasoned resolutions to the issue at hand including the use of petitions for action by United States government agencies and the encouragement of legislative action. This article will also address certain positive and negative aspects of adopting debris-regulating law. Above all, the United States government and the American people should be made aware of the serious issues concerning the continued use of space by the private sector, and this article seeks to facilitate that conversation. Through this …
Incorporating Third Party Green Building Rating Systems Into Municipal Building And Zoning Codes, Edward Teyber
Incorporating Third Party Green Building Rating Systems Into Municipal Building And Zoning Codes, Edward Teyber
Pace Environmental Law Review
The role of green buildings in mitigating climate change has thus become a hot topic. This literature has begun to elicit change within corporations pursuing third party certification of their corporate buildings and campuses. Perhaps the success of discrete green building projects in mitigating climate change compared to the failure of international regulatory bodies to reach consensus for meaningful change is due to the publicity and, in turn, profits associated with certification by a third party green building rating system. In addition to reduced GHG emissions, reduced runoff, reduced maintenance costs, and positive publicity of green buildings for the project …
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Pace Environmental Law Review
This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has …
Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki
Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki
Pace Environmental Law Review
This Comment analyzes the likelihood of whether BPI’s case against ABC News will be decided on the merits, whether South Dakota’s agricultural disparagement statute will be upheld as constitutional, and thus the likelihood that other states’ statutes will be struck down, thereby preserving the public’s freedom to question and criticize the safety of our food system. First, Part I offers a brief introduction to agricultural disparagement laws, their historical application, and BPI’s pending lawsuit. Next, Part II reviews the context of the enactment of agricultural disparagement laws, summarizes the common elements of these laws, and discusses Texas Beef Group v. …
The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin
The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin
Pace Environmental Law Review
Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck me is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment today …
Innovations In Energy And Climate Policy: Lessons From Vermont, Benjamin K. Sovacool, Alex Gilbert, Brian Thomson
Innovations In Energy And Climate Policy: Lessons From Vermont, Benjamin K. Sovacool, Alex Gilbert, Brian Thomson
Pace Environmental Law Review
We ask in this article: how can planners and policymakers replicate Vermont’s energy and climate policies? We begin by explaining the research methods utilized for this article—mainly research interviews with a pool of experts, coupled with a targeted literature review. We then analyze the success of Vermont energy policy across four areas: energy efficiency, renewable energy, the smart grid, and energy governance. The following sections first explain how Vermont accomplished these successes, next identify a number of remaining barriers and elements of Vermont’s approach that may not be replicable, and finally present the article’s conclusions.
The Missing Link: U.S. Regulation Of Consumer Cosmetic Products To Protect Human Health And The Environment, Valerie J. Watnick
The Missing Link: U.S. Regulation Of Consumer Cosmetic Products To Protect Human Health And The Environment, Valerie J. Watnick
Pace Environmental Law Review
This article explores these lax regulatory efforts and their connection to risk assessment, and proposes changes to our current toxics regulatory paradigm. Part I of this article explores our current regulatory approach for consumer cosmetics. Part II discusses the specific and dire concerns regarding chemicals that are suspected carcinogens and those suspected of disrupting the human endocrine system. The article argues in Part III that because the framework for our current regulation of consumer cosmetic products is not designed to be protective of human health, our regulatory paradigm must shift dramatically in the future if this is to become our …
Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann
Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann
Pace Environmental Law Review
This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.