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2018

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Articles 421 - 450 of 830

Full-Text Articles in Environmental Law

China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks Aug 2018

China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks

Research Collection Yong Pung How School Of Law

The paper first briefly describes the negotiation process of Marine Protected Areas (MPAs) in the Southern Ocean. Then it examines China's changing position towards the establishment of a Ross Sea MPA, as proposed by the United States and New Zealand in the Commission for Conservation of Antarctic Marine Living Resources. Finally, the paper explores how China's position towards or against Southern Ocean MPAs implies China's future role in Antarctic governance.

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Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno Jul 2018

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases concern, namely …

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Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner Jul 2018

Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner

Pace Environmental Law Review

This Note examines the merits of the “bodily integrity” claim that the Flint residents have alleged in Mays (but does not discuss any claims asserted in Earley, the case Mays was consolidated with on appeal), and asserts that they should be successful on this claim on remand, assuming that the facts alleged in the Flint residents’ complaint are true. This Note outlines the alleged facts and then discusses the existing case law on bodily integrity claims generally, both in the non-environmental justice and environmental justice fields. Following is an explanation of the specific bodily integrity claim the Flint residents have …

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Dying To Be Fresh And Clean? Toxicants In Personal Care Products, The Impact On Cancer Risk, And Epigenetic Damage, Katherine Drabiak Jul 2018

Dying To Be Fresh And Clean? Toxicants In Personal Care Products, The Impact On Cancer Risk, And Epigenetic Damage, Katherine Drabiak

Pace Environmental Law Review

The FDA does not conduct pre-market review of chemicals contained in cosmetics—which encompasses not only makeup but also numerous personal care products including shampoo, lotion, perfume, aftershave, and shaving cream. Every day, consumers use cosmetic products that contain a variety of synthetic ingredients, none of which the FDA has approved for safety but each of which are being ingested, absorbed, and inhaled into our bodies and accumulating in our tissue. Many of these products contain endocrine disrupting chemicals (“EDCs”), which emerging research links to an increased risk of cancer as well as immune and neurological dysfunction. This Article examines how …

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Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb Jul 2018

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in NYISO markets: the …

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Principles Of Mutual Cooperation Between Law Enforcement Agencies And Civil Society Institutions, B Latipov Jul 2018

Principles Of Mutual Cooperation Between Law Enforcement Agencies And Civil Society Institutions, B Latipov

ProAcademy

This a rticle outlines the scientific, th e o re tica l a n d p ra c tic a l aspects o f c o o p e ra tio n b etw e e n la w e nforcem ent a gencies a n d c ivil society institutions to ensure the effectiveness o f th e ir interaction. B ased on the results o f the analysis, the a u th o r p ro v id e d re le va n t suggestions a n d recom m endations.

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The Incomplete Ecology Of Hydraulic Fracturing Governance, Gregg P. Macey Jul 2018

The Incomplete Ecology Of Hydraulic Fracturing Governance, Gregg P. Macey

Faculty Scholarship

No abstract provided.

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Intergenerational Justice, Environmental Law, And Restorative Justice, Chaitanya Motupalli Jul 2018

Intergenerational Justice, Environmental Law, And Restorative Justice, Chaitanya Motupalli

Washington Journal of Environmental Law & Policy

Global climate change is well underway and its impacts are reaching far into the future. As these impacts progress, they present core questions of intergenerational justice. What does justice require of the current generation in tackling climate change to safeguard the wellbeing of future generations? How is the current generation to achieve a just relationship with those to come in light of the atrocious violations represented by global climate change? Taking the Juliana v. United States lawsuit as an example, I argue that we are not equipped to address the current climate crisis using existing environmental law, and therefore our …

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Implementing The Ahafo Benefit Agreements: Seeking Meaningful Community Participation At Newmont’S Ahafo Gold Mine In Ghana, Benjamin Boakye, Maggie M. Cascadden, Jordan Kuschminder, Sam Szoke-Burke, Eric Werker Jul 2018

Implementing The Ahafo Benefit Agreements: Seeking Meaningful Community Participation At Newmont’S Ahafo Gold Mine In Ghana, Benjamin Boakye, Maggie M. Cascadden, Jordan Kuschminder, Sam Szoke-Burke, Eric Werker

Columbia Center on Sustainable Investment Staff Publications

In 2008, ten communities in the Brong Ahafo region of Ghana entered into agreements with Newmont Ghana to govern company-community relations, ensure local job creation, and share the benefits of the company’s mining operations. Ten years later, this report, co-authored by Canadian International Resources and Development Institute (CIRDI), African Center for Energy Policy (ACEP), CCSI, and ISP, looks at the communities’ experience of those agreements and suggests how the agreements might be improved. Though the agreements were celebrated for their attempts to include all stakeholders in decision-making, challenges remain around representation, consultation, and participation. New entities established to facilitate multi-stakeholder …

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Environmental Law, Travis M. Trimble Jul 2018

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2017, district courts decided several issues that the United States Court of Appeals for the Eleventh Circuit had never addressed. The United States District Court for the Middle District of Georgia concluded that the Clean Water Act's (CWA) prohibition on the discharge of pollutants into waters of the United States without a permit extended to discharges into groundwater with a "direct hydrological connection" to surface waters within the Act's scope. The court also concluded that a state-permitted land application system, whereby wastewater is sprayed onto fields as means of treatment and disposal, constituted a "point source" within the meaning …

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Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon Jul 2018

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

University of Arkansas at Little Rock Law Review

No abstract provided.

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Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig Jul 2018

Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig

University of Arkansas at Little Rock Law Review

No abstract provided.

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Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer Jul 2018

Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer

University of Arkansas at Little Rock Law Review

No abstract provided.

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The Hurricane Katrina Litigation Against The Corps Of Engineers: Is Denial Of Geology And Climate Change The Way To Save New Orleans?, Edward P. Richards Iii Jul 2018

The Hurricane Katrina Litigation Against The Corps Of Engineers: Is Denial Of Geology And Climate Change The Way To Save New Orleans?, Edward P. Richards Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

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Informal Governance Structures And Disaster Planning: The Case Of Wildfire, Stephen R. Miller, Jaap Vos, Eric Lindquist Jul 2018

Informal Governance Structures And Disaster Planning: The Case Of Wildfire, Stephen R. Miller, Jaap Vos, Eric Lindquist

University of Arkansas at Little Rock Law Review

No abstract provided.

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Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard Jul 2018

Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard

University of Arkansas at Little Rock Law Review

No abstract provided.

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Taking A Page From The Fda’S Prescription Medicine Information Rules: Reimagining Environmental Information For Climate Change, Sarah Lamdan, Rebecca Bratspies Jul 2018

Taking A Page From The Fda’S Prescription Medicine Information Rules: Reimagining Environmental Information For Climate Change, Sarah Lamdan, Rebecca Bratspies

University of Arkansas at Little Rock Law Review

No abstract provided.

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Managing “Retreat”: The Challenges Of Adapting Land Use To Climate Change, Andrea Mcardle Jul 2018

Managing “Retreat”: The Challenges Of Adapting Land Use To Climate Change, Andrea Mcardle

University of Arkansas at Little Rock Law Review

No abstract provided.

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Supreme Court Shifts Supremacy Doctrine—Preempting State Sustainability?, Steven Ferrey Jul 2018

Supreme Court Shifts Supremacy Doctrine—Preempting State Sustainability?, Steven Ferrey

Suffolk University Law School Faculty Works

The Supreme Court recently applied the Supremacy Clause of the Constitution to sustainable energy technology. Three recent decisions of the Supreme Court, as well as subsequent decisions of the federal circuit courts and a federal adjudicatory commission, reconfigured the constitutional doctrine preempting state regulation of sustainable power. Through these three decisions, the Court reduced Chevron deference afforded to regulatory agencies, a venerated legal doctrine.

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Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann Jul 2018

Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann

Faculty Scholarship

Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …

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Pengelolaan Lingkungan Melalui Izin Terintegrasi Dan Berantai: Sebuah Perbandingan Atas Perizinan Lingkungan Di Berbagai Negara, Muhammad Andri Gunawan Wibisana Jul 2018

Pengelolaan Lingkungan Melalui Izin Terintegrasi Dan Berantai: Sebuah Perbandingan Atas Perizinan Lingkungan Di Berbagai Negara, Muhammad Andri Gunawan Wibisana

Jurnal Hukum & Pembangunan

Environmental permit is considered to play a central role in environmental management. There has been a growing intention in Indonesia for an integrated permit system, either in terms of internal integration, in which all environmental permits are integrated into a single permit, or external integration, in which environmental permits are integrated with business/activity license. This paper attemps to answer the questions of whether both ways of integrating environmental permits have been implemented in Indonesia. The paper also observes that although some contries have integrated various permits into a single environmental permit, the link between environmental permit and business/activity license remains …

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Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor Jun 2018

Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor

USF Tampa Graduate Theses and Dissertations

This research used Geographical Information System (GIS) data to estimate the acreage of wetland loss due to small-scale activities (taking into account exempt, permitted, and unauthorized activities) in the Southwest District of the Department of Environmental Protection (DEP) between 2006 and 2011 and compared that net loss with the unmitigated wetland net loss that DEP documented during that time for authorized activities and violations that were discovered. The comparison allowed an estimation of the extent of undocumented small-scale unmitigated wetland loss that occurred during those six years. DEP records show that 88% of non-compliance cases remain unresolved, and the net …

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A View From American Courts: The Year In Indian Law 2017, Grant Christensen Jun 2018

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

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Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers Jun 2018

Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers

Journal of Comparative Urban Law and Policy

This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.

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Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska Jun 2018

Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

No abstract provided.

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Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons Jun 2018

Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons

Journal of Comparative Urban Law and Policy

Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this …

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Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor Jun 2018

Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor

Journal of Comparative Urban Law and Policy

Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes …

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Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce Jun 2018

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce

Journal of Comparative Urban Law and Policy

The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …

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Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari Jun 2018

Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari

Journal of Comparative Urban Law and Policy

This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …

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Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle Jun 2018

Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle

Journal of Comparative Urban Law and Policy

Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …

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