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Articles 10171 - 10200 of 18477

Full-Text Articles in Environmental Law

Legal Implications For Green Buildings Within Condominium And Homeowners Association Regimes In Maryland: Striking A Balance Between The Promotion Of Green Retrofits To Existing Housing Stock And Maintaining Aesthetics By Homeowners Associations And Condominium Associations, Nicole M. Lacoste Jan 2009

Legal Implications For Green Buildings Within Condominium And Homeowners Association Regimes In Maryland: Striking A Balance Between The Promotion Of Green Retrofits To Existing Housing Stock And Maintaining Aesthetics By Homeowners Associations And Condominium Associations, Nicole M. Lacoste

University of Baltimore Law Review

No abstract provided.


General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison Jan 2009

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Who’S Number One? The Most Significant Cases In Environmental Law, James Salzman, J.B. Ruhl Jan 2009

Who’S Number One? The Most Significant Cases In Environmental Law, James Salzman, J.B. Ruhl

Faculty Scholarship

What do environmental lawyers consider the most significant environmental cases? In 2001, Jim Salzman conducted a survey of the envlawprofs listserve for the "Most Excellent" environmental law cases in the field, tabulating the top cases for law profs and for practicing attorneys. Given the significant decisions over the eight years, we thought it would be useful to conduct the survey again, this time using a dedicated website and surveying both the envlawprofs listserve and members of the ABA's Section on Environment, Energy and Resources. We enjoyed a high level of participation, with over 440 responses from across the nation, from …


A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman Jan 2009

A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

Over the past five years, there has been increasing interest around the globe in payment schemes for the provision of ecosystem services, such as water purification, carbon sequestration, flood control, etc. Written for an Asian Development Bank project in China, this report provides a user-friendly guide to designing payments for the provision of ecosystem services. Part I explains the different types of ecosystem services, different ways of assessing their value, and why they are traditionally under-protected by law and policy. This is followed by an analysis of when payments for services are a preferable approach to other policy instruments. Part …


Phantom Ship, Crater Lake, Fred Jay Jan 2009

Phantom Ship, Crater Lake, Fred Jay

UC Law Environmental Journal

No abstract provided.


Evaluating The Private Sector Perspective On The Financial Risks Of Climate Change, Richenda Connell, Alan Miller, Vladimir Stenek Jan 2009

Evaluating The Private Sector Perspective On The Financial Risks Of Climate Change, Richenda Connell, Alan Miller, Vladimir Stenek

UC Law Environmental Journal

No abstract provided.


Sparks Lake, Cascades Mountains, Central Oregon, Fred Jay Jan 2009

Sparks Lake, Cascades Mountains, Central Oregon, Fred Jay

UC Law Environmental Journal

No abstract provided.


Preparing For Climate Change In The U.S. Pacific Northwest, Lara Whitely Binder Jan 2009

Preparing For Climate Change In The U.S. Pacific Northwest, Lara Whitely Binder

UC Law Environmental Journal

No abstract provided.


Section 5 Of The Boulder Canyon Project Act And 43 C.F.R. Part 417 Occupy The Field Of Determination Of Reasonable Beneficial Use Of Lower Colorado River Water, Jerome C. Muys Jan 2009

Section 5 Of The Boulder Canyon Project Act And 43 C.F.R. Part 417 Occupy The Field Of Determination Of Reasonable Beneficial Use Of Lower Colorado River Water, Jerome C. Muys

UC Law Environmental Journal

No abstract provided.


The Clean Water Act’S Antidegradation Policy And Its Role In Watershed Protection In Washington State, C. Mark Hersh Jan 2009

The Clean Water Act’S Antidegradation Policy And Its Role In Watershed Protection In Washington State, C. Mark Hersh

UC Law Environmental Journal

No abstract provided.


Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq. Jan 2009

Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq.

UC Law Environmental Journal

No abstract provided.


Crash, Revisited, James Beard Jan 2009

Crash, Revisited, James Beard

UC Law Environmental Journal

No abstract provided.


Point Bonita Lighthouse, Golden Gate National Recreation Area, California, Robyn Carliss Jan 2009

Point Bonita Lighthouse, Golden Gate National Recreation Area, California, Robyn Carliss

UC Law Environmental Journal

No abstract provided.


Irreparable Harms: How The Devastating Effects Of Oil Extraction In Nigeria Have Not Been Remedied By Nigerian Courts, The African Commission, Or U.S. Courts, James Donnelly-Saalfield Jan 2009

Irreparable Harms: How The Devastating Effects Of Oil Extraction In Nigeria Have Not Been Remedied By Nigerian Courts, The African Commission, Or U.S. Courts, James Donnelly-Saalfield

UC Law Environmental Journal

No abstract provided.


Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff Jan 2009

Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff

Michigan Journal of International Law

This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.


Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon Jan 2009

Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon

University of Colorado Law Review

The Coalbed Methane ("CBM") industry is booming throughout the Rocky Mountain West, creating a relatively clean energy alternative, much needed jobs in the region, and a deluge of water pumped from the ground in connection with CBM capture. In order to free the valuable natural gas, companies must first pump out substantial quantities of subsurface water holding the pressurized gas in place. This water varies in quality, from perfectly useful, potable water to poor-quality water with the potential to destroy the surrounding environment. Correspondingly, disposal of the pumped water varies from simply releasing it into streams surrounding the CBM pads …


Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer Jan 2009

Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer

University of Colorado Law Review

The effort to address climate change is global in scale and increasingly urgent, yet it lacks an effective policy framework. President Obama's determination to elevate clean energy to a national policy priority, Congress's consideration of a federal cap-and-trade regime for greenhouse gases, and the upcoming revisions to the Kyoto Protocol all provide an opportunity to move toward adopting a globally balanced carbon budget. A balanced carbon budget could replace the current, somewhat arbitrary greenhouse gas reduction targets with a scientifically derived calibration limiting global carbon emissions to the rate of carbon absorption. Carbon sub-budgets could then be allocated to each …


Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett Jan 2009

Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett

University of Colorado Law Review

The scale of intervention required to reduce and adapt to the effects of climate change will require action at all levels of government and society. International accords and some federal and state governments are beginning to address greenhouse gas reduction targets, but it is at the local level that most decisions about urban form are made. Yet, urban planners and local decision makers generally lack the tools and means needed to make informed choices about the climate change implications of local growth and redevelopment decisions or to measure the effects of their decisions. While a wide spectrum of tools currently …


Rough Seas Ahead: Confronting Property Doctrines To Jumpstart Wave Energy, Rachael E. Salcido Jan 2009

Rough Seas Ahead: Confronting Property Doctrines To Jumpstart Wave Energy, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.


Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust Jan 2009

Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust

St. Mary's Law Journal

The right to a trial by jury is meaningless without an effective voir dire. Recurring tort reform, rapid technological advancements, immediate access to media coverage of incidents that give rise to litigation have greatly expanded. Consequentially, courts are faced with the prospect that potential jurors’ opinions and attitudes have been tainted. In addition to these issues, trial courts display significant interest in promptly expediting the advancement of their dockets. Voir dire is an essential element of trial strategy. Voir dire allows counsel to establish rapport with potential jurors, introduce them to the issues and facts of the case, and identify …


The Texas Supreme Court's Erroneous Doctrine Of Implied Appellate Jurisdiction., Charles R. Flores Jan 2009

The Texas Supreme Court's Erroneous Doctrine Of Implied Appellate Jurisdiction., Charles R. Flores

St. Mary's Law Journal

A Texas statute gave final appellate jurisdiction over cases not to the state supreme court but to the intermediate courts of appeals. After losing at the appellate level, one of the parties in Eichelberger v. Eichelberger appealed to the state supreme court despite the statute. But because the court of appeals decision conflicted with a United States Supreme Court decision, the Texas Supreme Court held its jurisdiction should be implied. Though legal commentators declared the decision an abrupt departure from standards for judicial decisions, they postulated it would be invoked so infrequently to do no lasting harm to Texas jurisprudence. …


Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang Jan 2009

Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang

Articles

This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.


A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen Jan 2009

A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen

Articles

To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting …


Civil Jury Trials R.I.P. - Can It Actually Happen In America Essay., Royal Furgeson Jan 2009

Civil Jury Trials R.I.P. - Can It Actually Happen In America Essay., Royal Furgeson

St. Mary's Law Journal

Civil jury trials in America have been declining at a steady rate for the last thirty years. This is a well-documented trend. If the trend continues, within the foreseeable future, civil jury trials in American may eventually become extinct. Jury trials have been central to justice in America and its states since their inception. Their importance has been stated as bringing accountability to the law and to society. As all persons, even the powerful and wealthy ones, are accountable under the law. Yet, as important as juries and jury trials are to the health of justice in America, the civil …


Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling Jan 2009

Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling

St. Mary's Law Journal

“Extreme [attorney] misconduct may warrant an extreme remedy.” Fee forfeiture certainly constitutes an extreme remedy, at least compared to the ordinary remedy for violation of a legal duty. But neither the degree to which the remedy is extreme nor how extreme the misconduct must first be before the forfeiture becomes appropriate is apparent in light of the Texas Supreme Court’s decision in Burrow v. Arce. Understanding the confusion which has arisen with regard to Burrow’s impact depends in large measure on a thorough evaluation of (1) the basis for the court’s determinations relating to forfeiture, (2) the sources from which …


Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson Jan 2009

Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson

St. Mary's Law Journal

Patents are grants issued by the United States Patent and Trademark Office (USPTO) which confer upon the holder, the patentee, patent rights to such intellectual property as inventions, technologies, and processes. Patent rights include the right to exclude others from “making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” Once the USTPO has granted a patent, the inventor may market the product. Patentees who do not have the funds or time to market the product may profit by conveying the legal rights conferred by the patent to other …


Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark Jan 2009

Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark

St. Mary's Law Journal

When the Fifth Circuit freed Texans to promote and distribute sexual devices without criminal penalties, it created a split with the Eleventh Circuit’s decision to uphold Alabama’s ban. Both courts based their rulings on the U.S. Supreme Court’s decision in Lawrence v. Texas, which invalidated Texas’s statute banning homosexual sodomy. In upholding Alabama’s sex-toy statute in 2007, the Eleventh Circuit found no fundamental right to sexual privacy under Lawrence and held public morality was a sufficiently rational basis for the statute. The court distinguished Lawrence, which dealt with prohibition of private conduct, rather than public commercial activity. The Fifth Circuit …


Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta Jan 2009

Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta

St. Mary's Law Journal

The United States Supreme Court has never explained the Eighth Amendment’s impact in noncapital cases involving a mentally retarded or brain-injured defendant. The Court has not provided guidance to legislatures or lower courts concerning the acceptable balancing of aggravating and mitigating factors and the role that mitigating factors must play in the sentencing decision. A definitive gap exists between the protections afforded to a criminal defendant facing a life sentence as opposed to those confronted with the death penalty. The Court requires sentencing procedures to consider aggravating and mitigating factors, including mental retardation and brain damage, when imposing a death …


The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard Jan 2009

The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

No abstract provided.


Dahlia, Golden Gate Park, San Francisco, California, Robyn Carliss Jan 2009

Dahlia, Golden Gate Park, San Francisco, California, Robyn Carliss

UC Law Environmental Journal

No abstract provided.