Environmental Law Commons^™

Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey

San Diego Journal of Climate & Energy Law

Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.

Clever Titles And Insurance Don't Mix: How Dodging Liability Will Allow Insurance Companies To Become A Major Player In Climate Change Law And Policy Reform, Samantha Daily

San Diego Journal of Climate & Energy Law

While some of the worlds governments and industries have taken action and enforced regulations attempting to mitigate the effects of climate change, the United States has been slow to join. An increasing number of groups and public figures in the United States, however, have started to strongly advocate for climate change policy reform including stricter laws and policies. The insurance sector is a group that can influence the United States to take actions to mitigate the effects of climate change.
The insurance industry comprises a significant part of the United States economy. In 2013, net premiums written for the property …

The Dirty Effects Of Clean Energy Technology: Supportive Regulations To Promote Recycling Of Lithium Ion Vehicle Batteries, Liz Harland

San Diego Journal of Climate & Energy Law

The discovery of potential environmental, geo-political, and human health concerns from the production and disposal of millions of Li-ion batteries each year demands stronger government policies to encourage recovery, recycling and reuse of Li-ion battery materials. The increasing demand for lithium will potentially shift the resource curse experienced by oil-rich countries to lithium-rich countries in South America, such as Chile, Argentina, and Bolivia. Part II of this Comment provides an overview of the negative impacts associated with the mining, production, and disposal of Li-ion batteries. It examines the environmental and human health effects of mining lithium on surrounding communities, and …

Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer

Indiana Law Journal

Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.

Corporate Social Responsibility/Sustainability Reporting Among The Fortune Global 250: Greenwashing Or Green Supply Chain?, John K. Lewis

Faculty and Staff - Articles & Papers

The sustainability reporting efforts of MNCs who are members of the Fortune Global 250 (FG250) was investigated. The focus was on sustainability reporting by MNCs of supply chain impacts. The reporting of FG250 MNCs was examined to determine if greenwashing was occurring or whether MNCs had committed to operating a green supply chain. A mixed methodology was used consisting of quantitative analysis of twenty-five MNC CSR/sustainability reports which were randomly selected from the FG250 listing. Qualitative analysis using content analysis was also conducted on the reports. Both methodologies concentrated on the sustainability reporting of the selected MNCs in regard to …

Poetic Justice, Darrell Cannon

Public Interest Law Reporter

No abstract provided.

The Invisibility Of Female Farmworkers: How Current Workers' Rights Legislation Fails To Adequately Protect Female Farmworkers And Exposes Them To Serious Health And Safety Risks, Martha Laura Garcia

Public Interest Law Reporter

Migrant and seasonal farmworkers are one of the most isolated and vulnerable population groups in the United States. Not only is the nature of their work exhausting and dangerous, but many times, the workers face other challenges, like cultural and language barriers and limited access to legal, health, and educational services. Female farmworkers are particularly vulnerable to the many risks seasonal and migrant farmworkers face, with the additional challenge of having limited forms of legal relief. By giving an overview of current labor laws and presenting the main risks female farmworkers face, this article will demonstrate that labor laws and …

Tunnel Vision: How The System Chooses Its Target, Alison Hill

Public Interest Law Reporter

No abstract provided.

Many Poor Americans Are Not Getting Access To Clean Drinking Water, A Basic Human Right, Keimer Raymond

Public Interest Law Reporter

No abstract provided.

Reform Demanded By Minorities On Police's Use Of Excessive Force And The U.S. Government's Resistance To Change, Jessica Younan

Public Interest Law Reporter

No abstract provided.

Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

With support from GIZ, CCSI prepared a report titled "Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation." It outlines options for how these stakeholders can increase the economic linkages to the extractive industries sector not only in terms of ‘breadth’ (number of linkages) but also in terms of ‘depth’ (local value added). Apart from providing the theoretical framework for linkage creation and an overview of existing literature on this topic, the study highlights successful case study examples. Recommendations are provided for the three types of stakeholders.

Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs

Law Faculty Publications

This Comment examines whether the vision for energy efficiency markets matches the reality. It explains how energy efficiency markets work, examines the handful of energy efficiency markets that have been established to date, and explores the policy challenges inherent in commodifying energy efficiency and making it a tradable good.

Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen

Law Faculty Publications

This article analyzes the impact of FERC v. Electric Power Supply Association, in which the Supreme Court upheld FERC’s demand response rule (Order 745) and confirmed FERC’s authority over “practices” “directly affecting” wholesale rates for electricity. It contends that the Supreme Court made a definitive pronouncement on FERC’s authority over end users of electricity who also provide resources back to the electric grid. It also contends that FERC v. EPSA marks the end of “dual federalism” in electricity law that treated federal and state jurisdiction as separate and distinct spheres of authority. Instead, it posits a new era of concurrent …

Lessons From The Wolf Wars: Recovery V. Delisting Under The Endangered Species Act, Martha C. Williams

Faculty Law Review Articles

This article uses the fundamentals of the ESA to remind us why Congress passed the ESA. It applies those fundamentals and their focus on recovery of species in peril, to the wolf wars, the decades long legal battles over the reintroduction, recovery, and delisting of wolves culminating in two cases, Defenders of Wildlife v. Jewell (Wyoming case) and Humane Society of the U.S. v. Jewell (Western Great Lakes case). Applying the ESA’s focus on species recovery to the wolf wars demonstrates where the disconnect between recovery and delisting occurs.

Part 1 of this article sets out the fundamentals of the …

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

Faculty Publications & Other Works

This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …

Sea-Level Rise And Changing Times For Florida Local Governments, David Markell

Sabin Center for Climate Change Law

The legal environment for local government in Florida is beginning to change when it comes to sea-level rise (sometimes referred to as SLR). Innovations in institutional structure and governance strategies are underway in the State as well. This paper reviews three recent developments, which relate primarily to comprehensive planning in the State, and explores their implications for Florida’s local governments, among others. It begins with the State’s decision, in 2011 legislation, to give local governments a new, optional tool – referred to as “Adaptation Action Areas” (AAAs) – to address sea-level rise and related issues in local comprehensive plans. The …

The Brazilian Amazon Timber Industry And The International Mechanisms Of Timber Trade Control – Combating Illegal Logging And Associated Trade, Juliana Coelho Marcussi

Dissertations & Theses

Illegal logging and its associated trade are one of the main causes of degradation of the Amazonian Rainforest in Brazil. They spring from several deficiencies in the regulatory and monitoring systems. The purpose of this work is to recommend mechanisms to overcome these deficiencies to eliminate illegal logging and its associated trade in the long-term and to enhance the appreciation of the standing forests and the sustainable use of their natural resources.

Chapter 1 provides an overview of the Brazilian tropical timber market’s trends, and briefly describes the main stages of timber supply chain to build familiarity with the activities …

Paying High For Low Performance, Steven A. Bank, George S. Georgiev

Articles

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay ratio disclosure, adopted in August 2015, and the rules on pay-versus-performance disclosure and the clawback of certain incentive compensation, proposed in April 2015 and July 2015, respectively, are also unlikely to succeed. For the most part, the rules are intuitive and well-intentioned, but a closer …

How Cheap Is Corporate Talk? Comparing Companies' Comments On Regulations With Their Securities Disclosures, James W. Coleman

Faculty Journal Articles and Book Chapters

When companies face adverse proposed rules, they may want to convince regulators that the proposed rules are unworkable and should be changed while, at the same time, reassuring investors that the rules will be manageable. These conflicting incentives may lead to inconsistent messages in regulatory comments and securities disclosures, fueling a perception that corporate submissions to regulators are cheap talk. Despite this perception, there has been no empirical study comparing statements to these two audiences. This project performs such a study, taking the example of comments submitted on the Environmental Protection Agency's Renewable Fuel Standard. This standard provides an ideal …

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim

Public Interest Law Reporter

No abstract provided.

A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy

Public Interest Law Reporter

No abstract provided.

Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos

Public Interest Law Reporter

With the major judicial holding of Obergefell v. Hodges, the Supreme Court of the United States legally recognized same sex-marriage. Advocates of the lesbian, gay, bisexual and transgender (LGBT) community celebrated in the granting of what many deemed a fundamental right. Now, with the ability to freely marry, same-sex couples are looking to grow their family through adoption, with some adoption agencies seeing a slight increase in upwards of 700 applicants a month. This article will address the legal challenges, and proposed solutions, to expanding American same-sex couples' legal rights to adopt children outside of the United States.

Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez

Public Interest Law Reporter

No abstract provided.

The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang

Public Interest Law Reporter

No abstract provided.

Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar

Public Interest Law Reporter

No abstract provided.

State Challenges To Refugee Resettlement, Anthony E. Wadas

Public Interest Law Reporter

No abstract provided.

Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.

Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon

Public Interest Law Reporter

In January, President Obama banned solitary confinement - the confinement of a prisoner in a cell for virtually the entire day without environmental stimulation and limited opportunity for social interaction - for juveniles in the federal prison system. In his announcement, he stated that solitary confinement has been overused and has the potential to cause tremendous psychological consequences. His decision came after a review by the Justice Department. The report stated that the practice of solitary confinement reduces the chances that a prisoner can be eventually rehabilitated to society. This article will examine the anticipated impact of the President's executive …