Environmental Law Commons^™

The Prosecution Of Climate Change Dissent

Marquette Benefits and Social Welfare Law Review

A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.

We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …

Ethical Business Practice, Accountability, And Quality Assurance: Primary Drivers For Sustainable Tourism Development In Iceland, Abigail Harrison

Independent Study Project (ISP) Collection

The tourism industry in Iceland has grown exponentially in the last decade, causing changes to the natural landscape and drastically shifting revenue streams in the economy. This rapid growth coupled with the recent development of Iceland’s tourism industry makes it the perfect case study for how to effectively mitigate tourism influxes. This unprecedented rate of growth impels the creation of sustainability measures within this industry in order to ensure a lasting vision of Icelandic tourism in the future. Both the government and private sector have already begun to institute sustainability measures in society and in business. The primary aim of …

Green Foreign Direct Investment In Developing Countries, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

The message is by now clear: our global economy must be fundamentally reoriented and redeployed in order to achieve the SDGs and the commitments of the Paris Climate Agreement. This requires action by all stakeholders, including non-financial and financial firms, debt and equity investors, government policymakers, and consumers. In terms of the amount of money required, it has been estimated that meeting the SDGs will require $5 to $7 trillion annually, with investment needs for developing countries amounting to roughly $3.3 to $4.5 trillion per year. While a big picture view of and strategic thinking regarding the entire economic ecosystem …

Fish And Wildlife Management On Federal Lands: Debunking State Supremacy, Sandra B. Zellmer, Martin Nie, Christopher Barnes, Jonathan Haber, Julie Joly, Kenneth Pitt

Faculty Law Review Articles

This Article reviews the authority of federal and state governments to manage wildlife on federal lands. It first describes the most common assertions made by state governments regarding state powers over wildlife and then analyzes the relevant powers and limitations of the United States Constitution and federal land laws, regulations, and polices. Wildlife-specific provisions applicable within the National Park System, National Wildlife Refuge System, National Forest System, Bureau of Land Management, the special case of Alaska, and the National Wilderness Preservation System are covered, as is the Endangered Species Act. We reviewed an extensive collection of cases of conflict between …

Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements?, Jessica Owley, Collin Doane

Journal Articles

No abstract provided.

California's Climate Diplomacy And Dormant Preemption, David L. Sloss

Faculty Publications

After President Trump announced that the United States would withdraw from the Paris climate agreement, Governor Brown issued a joint statement with his counterparts from New York and Washington, announcing that the three governors “are teaming up to fight climate change in response to President Trump’s” withdrawal decision. A few days later, Governor Brown met in Beijing with China’s President Xi Jinping. The Chinese President reportedly “welcomed California’s efforts to work with the Chinese government to help combat global warming.” According to the California government web site, the state is party to a total of 54 “international agreements” on climate …

Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh

Vanderbilt Law School Faculty Publications

For generations, a bedrock concept of biology was That genetic mutations are necessary to pass traits from one generation to the next, but new developments in genetics are challenging this fundamental assumption. A growing body of scien- tific evidence demonstrates that chemical alteration of the way a gene functions, whether through exposure to chemicals, foods or even traumatic experiences, may not only affect the exposed individual, but also the individual's offspring for two generations or more. This interaction between genes and the environment, known as epigenetics, has revolutionized the understanding of how genes are expressed within an individual and how …

Private Governance And The New Private Advocacy, Michael P. Vandenbergh, Benjamin Raker

Vanderbilt Law School Faculty Publications

Environmentat governance today involves more than just actions by government. It involves new standards by retailers that restrict the toxic chemicals in thousands of products and private certification and standards programs directed at fish, forests, and many agricultural products. It also includes investor-driven organizations that create pressure for carbon disclosure, tender-driven requirements for environmental assessments, and private-sector initiatives that drive demand for renewable power. This is the world of private environmental governance. Private environmental governance (PEG) occurs when private organizations perform the environmental protection functions traditionally assigned to government. See Michael Vandenbergh, Private Environmental Governance, 99 Cornell L. Rev. 129, …

Community Management And Governance Of Comatsa-Sud New Protected Area (Ambalamanasy Ii Commune), Allison Tennant

Independent Study Project (ISP) Collection

Community-based natural resource management is an increasingly more popular choice for governments to delegate power back to local communities to conserve the resources they rely on. In Madagascar, where much of the rural population provides for their livelihoods by using natural resources, this governance structure, in cooperation with delegated manager for assistance, presents an opportunity for economic development in cooperation with conservation efforts. This paper aims to better understand the role of community, NGO, and governmental actors in creating and executing community management structures. Through Participatory Rural Analysis and structured and semi-structured interviews, it explores what management transfers look like …

Citizen Scientists, Data Transparency, And The Mining Industry, Madison Condon

Faculty Scholarship

What happens when a community feels that the standards imposed by state and federal laws are insufficient to protect its health and environment? Or when the responsible government agencies lack the funding, competency, or political will for full enforcement of the law? One of the greatest hurdles facing citizen environmental advocates in these situations is a lack of access to environmental monitoring data. All routes available for policing industry—whether it be rallying community support for protest, petitioning a government agency for enforcement action, or bringing a citizen suit—require, as a first step, an understanding of whether and what pollution has …

Voter Psychology And The Carbon Tax, Gary M. Lucas Jr

Faculty Scholarship

Economists across the political spectrum argue that a carbon tax is the most effective and economically efficient policy for addressing climate change. Voters, however, strongly oppose the carbon tax and instead favor “green” subsidies and command-and-control regulations. If carefully designed, these policies might complement a carbon tax, but by themselves, they will make global warming mitigation incredibly expensive and perhaps even infeasible. Moreover, if poorly designed, subsidies and regulations can be counterproductive.

This Article argues that the public dislikes the carbon tax because the tax possesses attributes that make it psychologically unappealing relative to other climate policy instruments. The Article …

Center For Biological Diversity V. Jewell, Lowell J. Chandler

Public Land & Resources Law Review

The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land & Resources Law Review

No abstract provided.

Fracturing Misconceptions: A History Of Effective State Regulation, Groundwater Protection, And The Ill-Conceived Frac Act, Wes Deweese

Oklahoma Journal of Law and Technology

No abstract provided.

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.

V.1 No. 9

Conservation Law Center Newsletter

No abstract provided.

Pain In The Ash? Epa's Proposed Regulation Of Fly Ash And The Impending Economic Threat To Sustainable Concrete, Briana Novian

Oklahoma Journal of Law and Technology

No abstract provided.

Rethinking Force Majeure In Public International Law, Myanna Dellinger

Pace Law Review

Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around the world, ranging from the obvious damage caused by hurricanes, floods, extreme rainfall, prolonged droughts, wildfires and a host of other weather-related issues to the perhaps less obvious such as physical and mental illnesses, “civil unrest, riots, mass migrations and perhaps wars caused by water …

Energy Conservation Grants Under The National Energy Conservation Policy Act Of 1978, Gerald C. Tobin, Reuben & Proctor, Chicago, Illinois

The Catholic Lawyer

No abstract provided.

The Deepwater Horizon Oil Spill: A Review Of The Historic Civil And Criminal Liabilities, And Resulting Funding Streams, From America’S Worst Environmental Catastrophe, Stephen L. Tatum, Henrik Strand

Student Scholarship

This article provides a concise review of the major parties involved in the accident, the cases and settlements that produced the historic penalties and fines, and the major funding streams through which those penalties and fines are administered.

Not All Land Exchanges Are Created Equal: A Case Study Of The Oak Flat Land Exchange, Katharine E. Lovett

Colorado Environmental Law Journal

No abstract provided.

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.

Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh

Nevada Law Journal

No abstract provided.

Peace Like A River: Institutionalizing Cooperation Over Water Resources In The Jordan River Basin, Philip A. Williams

Colorado Environmental Law Journal

No abstract provided.

Collateral Damage: The Gun Debate Moves Into America's National Parks, Clare E.M. Mack

Colorado Environmental Law Journal

No abstract provided.

Bleached! The Catastrophe Management Of Corals, Irus Braverman

Journal Articles

Corals have recently emerged as both a sign and a measure of the imminent catastrophic future of life on earth and, as such, have become the focus of intense conservation management. Bleached! draws on in-depth interviews and participatory observations with coral scientists and managers to explore the management of the corals’ ecological catastrophe to come. The article starts by describing the unique life of corals, the importance of calculability in catastrophe management, and the coral scientists’ preoccupation with classifying, counting, and seeing in their attempt to comprehensibly monitor corals and anticipate their decline. Algorithmic models and elaborate temporal analyses are …

Table Of Contents, Colorado Natural Resources, Energy & Environmental Law Review

Colorado Environmental Law Journal

No abstract provided.