Environmental Law Commons^™

In Common Law We Trust: How Hawai‘I’S Public Trust Doctrine Can Support Atmospheric Trust Litigation To Address Climate Change, Kylie Wha Kyung Wager

UC Law Environmental Journal

No abstract provided.

Environmental Preservation And The Fifth Amendment: The Use And Limits Of Conservation Easements By Regulatory Taking Andeminent Domain, Beckett G. Cantley

UC Law Environmental Journal

No abstract provided.

The Draft Bay-Delta Conservation Plan: Assessment Of Environmental Performance And Governance, Jeffrey Mount, William Fleenor, Brian Gray, Bruce Herbold, Wim Kimmerer

UC Law Environmental Journal

No abstract provided.

Sulfide Mining In Northern Minnesota: A Review Of Possible Legal Recourse For Environmental Harm To Individuals, Jamison L. Tessneer

Journal of Law and Practice

No abstract provided.

Going Overboard: The Criminalization Of Seafarers In Violation Of Their Human Rights, Regional And Domestic Law's Conflict With Unclos And Marpol, And The Need For Reform, Megan K. Reid

Student Works

Following an oil spill, swift and aggressive measures are often taken to ensure that the public demand for justice is fulfilled. Unfortunately, seafarers are often placed in the post-incident spotlight, regardless of whether the incident involved operational error. During the 2002 Prestige accident, an oil spill formed off the coast of Spain in the middle of a raging storm. Spanish authorities denied the ship access to a calm harbor, which would have allowed the captain and crew to mitigate the environmental harm.

Part I of this article will review the Prestige oil spill, where criminal liability was imposed on the …

Unquenched Thirst: The Need For A Constitutionally Recognized Right To Water In Ghana, Tia Crosby

Student Works

The practice of privatizing water is often discussed as the leading method for improving access to adequate water in developing countries. Notably, this method has a cost that frequently impedes access to water in the developing world, while exploiting the profitability of a natural resource that is vital to human life. In Ghana, the failure of water privatization initiatives and the growing scarcity of adequate water have caused a public health crisis that necessitates a quick and efficient solution. As demonstrated in South Africa, the codification of the right to water in its constitution has improved access to adequate water, …

A Redd Solution To A Green Problem: Using Redd Plus To Address Deforestation In Ghana Through Benefit Sharing And Community Self-Empowerment, William Daniel Nartey

Student Works

The process of converting forests into non-forests deforestation claims 17 million hectares of the world’s tropical forests each year. Ghana is no stranger to the problem of deforestation. The developing country’s rainforest has been decreasing rapidly and significantly over time.

Part II of this paper addresses the primary driving factors of deforestation in Ghana, including human activities such as legal and illegal logging and unsustainable agricultural practices, as well as non-human factors such as poverty and population growth, which are inevitably linked. Part III identifies the constitutional land tenure rights and laws of the timber industry, assessing how these have …

As The World Welcomes Its Seven Billionth Human: Reflections And Population, Law, And The Environment, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

No abstract provided.

Wilderness Imperatives And Untrammeled Nature, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Wilderness is often considered the epitome of naturalness – what nature ought to be. Indeed, in many ways, society, through its environmental laws, has prioritized the protection of wilderness over other areas of nature and other aspects of naturalness. We give our wilderness areas iconic names, like Delirium, Desolation, Devil’s Backbone, River of No Return, and Superstition, and we idealize themand treat them as something utterly unique and apart from our technology-ridden daily lives.

The nation’s preeminent wilderness statute, the Wilderness Act of 1964, is credited with significant preservation achievements. Over the years, the Act has remained remarkably robust, with …

Wilderness Preserves: Still Relevant And Resilient After All These Years, Sandra Zellmer, John M. Anderies

Nebraska College of Law: Faculty Publications

This chapter explores the continuing relevance of preserving wilderness by preventing active human intervention. It concludes that the symbolic and ecological benefits of wilderness are as significant today as they were fifty years ago. Indeed, the importance of preserving wilderness areas will only increase as the climate changes. Land managers face complex challenges, however, when they are managing wilderness resources that are already degraded due to climate change or other human impacts and that may require intervention to prevent further degradation. Deciding whether and how to intervene with active management tools while maintaining the overarching “wild” values of wilderness is …

Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei

Faculty Scholarship

No abstract provided.

An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group

Books, Reports, and Studies

[11] p. : color illustrations ; 28 cm

Cashing In On Green: Casino Development And Sustainability, Emily Mikles

University of Baltimore Journal of Land and Development

The development of the Horseshoe Casino in Baltimore, MD has created its fair share of contention and controversy for local residents. The typical residential concerns surrounding casino development- disparate impacts on surrounding businesses, employment concerns, and economic impact-are not raising eyebrows in the Baltimore area; rather, residents are concerned about the environmental impacts of the casino construction and development project. Several lawsuits have been filed attempting to halt casino construction due to the chemical contaminants that are seeping into the soil and into the bay through storm drains. These suits raise an interesting issue that some state legislatures and casino …

Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin

University of Baltimore Journal of Land and Development

In August 2007 the Baltimore City Council passed Council Bill 07-0602 mandating that newly built and "extensively modified" buildings over 10,000 square feet comply with "Green Building Standards." This law is considered among the first and most extensive green building codes to be passed so far in the United States. This law has not surprisingly sparked praise and criticism. While the law has been praised for its potential environmental benefits, it has also been criticized on the grounds that it is stricter than the laws of surrounding jurisdictions and has made building in Baltimore excessively expensive. Moreover, the law has …

The Spending Power And Environmental Law After Sebelius, Erin Ryan

Scholarly Publications

In National Federation of Independent Business v. Sebelius, a plurality of the Supreme Court held that portions of the Affordable Care Act exceeded federal authority under the Spending Clause. With that holding, Sebelius became the first Supreme Court decision since the New Deal to limit an act of Congress on spending-power grounds, rounding out the “New Federalism” limits on federal power first initiated by the Rehnquist Court in the 1990s. The new Sebelius doctrine constrains the federal spending power in contexts involving changes to ongoing intergovernmental partnerships with very large federal grants. However, the decision gives little direction for …

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.

Rationing Environmental Law In A Time Of Climate Change, Rachael E. Salcido

Loyola University Chicago Law Journal

Addressing climate change demands a fundamental change in United States energy policy and a major infrastructure for a renewable energy future. Yet the boom in natural gas development and expanding demand for energy in developing nations argue poorly for reductions in fossil fuel use. This Article documents how the federal government has resorted to some measure of environmental exceptionalism by rationing environmental law to expedite renewable energy development in the context of the seismic shifts in U.S. energy policy. Despite the many arguments in opposition to rationing environmental law, this Article concludes that the realities of climate change and the …

Banning Lawns, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Recognizing their role in sustainability efforts, many local governments are enacting climate change plans, mandatory green building ordinances, and sustainable procurement policies. But thus far, local governments have largely ignored one of the most pervasive threats to sustainability — lawns. This Article examines the trend toward sustainability mandates by considering the implications of a ban on lawns, the single largest irrigated crop in the United States. Green yards are deeply seated in the American ethos of the sanctity of the single-family home. However, this psychological attachment to lawns results in significant environmental harms: conventional turfgrass is a non-native monocrop that …

Rockaway Beach, Pacifica, California, Ashley Nance

UC Law Environmental Journal

No abstract provided.

Bring Our Young People In!, Gregory Hobbs Justice

UC Law Environmental Journal

No abstract provided.

The Battle Over Competing Land Uses Within National Wildlife Refuges: The Klamath River Basin As A Case Study, Ashley Palomaki

UC Law Environmental Journal

No abstract provided.

No Article Iii Standing For Private Plaintiffs Challenging State Greenhouse Gas Regulations: The Ninth Circuit's Decision In Washington Environmental Council V. Bellon, Bradford Mank

Faculty Articles and Other Publications

In Washington Environmental Council v. Bellon, the Ninth Circuit recently held that private plaintiffs did not have standing to sue in federal court to challenge certain state greenhouse gas (GHG) regulations because the plaintiffs failed to allege that the emissions were significant enough to make a “meaningful contribution” to global GHG levels. By contrast, in Massachusetts v. EPA, the Supreme Court held a state government had standing to sue the federal government for its failure to regulate national GHG emissions because states are “entitled to special solicitude in our standing analysis.” Massachusetts implied but did not decide that private parties …

Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank

Faculty Articles and Other Publications

Boyd’s new book, The Right to a Healthy Environment, attempts to prove that Canadians would benefit if they amended their constitution to recognize the right to a healthy environment. Throughout this work, he emphasizes the general benefits of recognizing environmental rights as human rights and the positive impact recognizing these rights in the Canadian constitution would have on the lives of Canadian citizens. He examines the gradual domestic emergence of environmental rights both in Canadian law and from a global perspective. By including both viewpoints, Boyd attempts to identify the complexities and intricate questions that arise regarding various environmental issues …

Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Great Frigatebird, Carmen King

UC Law Environmental Journal

No abstract provided.

Identifying Legal, Ecological And Governance Obstacles, And Opportunities For Adapting To Climate Change, Barbara Cosens

Articles

No abstract provided.

Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens

Articles

No abstract provided.

Reflections On Nature, Michael Linder

UC Law Environmental Journal

No abstract provided.

The Demise Of Redevelopment Agencies In California: Challenges Ahead For Brownfields Remediation, Emily M. Erdman

UC Law Environmental Journal

No abstract provided.

Governing The Ungovernable: Integrating The Multimodal Approach To Keeping Agricultural Land Use From Swallowing Ecosystems, Kalyani Robbins

McGeorge Law Review

No abstract provided.