Environmental Law Commons^™

Measuring Brief, Harley Carmer, John Robinson Jr., Douglas Naftz

Pace Environmental Law Review Online Companion

No abstract provided.

2014 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.

2014 National Environmental Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.

Transfrontier Pollution – Convention For The Protection And Development Of The Marine Environment Of The Wider Caribbean Region – Agreement Involving Collective Response To Marine Pollution Incidents And Long Range Environmental Planning, Gregg Bundschuh

Georgia Journal of International & Comparative Law

No abstract provided.

Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini

Touro Law Review

No abstract provided.

Network Inventory Map Book 2: Olifants, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 9: Berg-Olifants, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 1: Limpopo, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 4: Pongola-Mtamvuna, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 8: Breede-Gouritz, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 5: Vaal, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and rea-lign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 7: Mzimvubu-Tsitsikamma, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 6: Orange, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Implementation Of The Eu Directive On Environmental Impact Assessment In The Czech Republic: How Long Can The Wolf Be Tricked?, Veronika Tomoszkova

Washington and Lee Journal of Energy, Climate, and the Environment

After the Velvet Revolution in 1989, the former Czechoslovakia experienced the most enthusiastic wave of environmental law drafting in its history. The Czech Act on Environmental Impact Assessment (“EIA Act”) was among the first new environmental statutes adopted already in 1992 with the intention to harmonize Czechoslovakian law with European Union (“EU”) law and to prevent exploitation and pollution of the environment in Czechoslovakia, which in the early 1990s counted for one of the worst in the world. The hardship of transition process that hit Czechoslovakia in 1992 caused a shift from enthusiastic pro-active environmental movement towards more pragmatic approach …

Rising Seas, Receding Ethics? Why Real Estate Professionals Should Seek The Moral High Ground, Keith W. Rizzardi

Washington and Lee Journal of Energy, Climate, and the Environment

Despite the scientific consensus, some political leaders in the United States deny the need for policy making in response to sea level rise. Even in coastal Florida and Virginia, where communities face acute risks of flooding and economic damage, the problem has been denied. Land use development and real estate professionals, when discussing the subject, have a responsibility to do better than our political leaders. In fact, the ethical codes of the professions – law, architecture, engineering, planning, real estate, and corporate compliance – all demand honesty. Material facts must be disclosed, and professionals cannot conceal truth, particularly if it …

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Masthead And Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Moving Military Energy “Behind The Fence:” Renewable Energy Generation On U.S. Defense Lands, Cameron E. Tommey

Washington and Lee Journal of Energy, Climate, and the Environment

The United States Department of Defense stands as the world’s single largest consumer of energy—domestic consumption alone by the Department amounts to nearly one percent of the United States’ total energy consumption and nearly eighty percent of the energy consumed by the Federal Government. Although a cadre of statutes, Executive Orders, and agency priorities set high goals for the introduction of renewable energy into the Department’s portfolio, it has historically failed to meet both its target for reducing facility energy use and its target for renewables integration. This Note suggests moving the Department’s energy production “behind the fence,” fixing technology …

Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon

Washington and Lee Journal of Energy, Climate, and the Environment

This Note is about the recent New Jersey Supreme Court case, Borough of Harvey Cedars v. Karan, and how other courts should adopt its holding of allowing all reasonably certain and calculable benefits to be considered in determining partial takings just compensation. Furthermore, it addresses the impact that the decision will have on environmental takings and its importance to the future of both property and environmental law.

The Shifting Use Of The So-Remote-As-To-Be-Negligible Standard For Qualified Conservation Contributions, Ashley H. Waterbury

Washington and Lee Journal of Energy, Climate, and the Environment

Qualified conservation contributions, also known as conservation easements, have become a subject of close scrutiny under the Internal Revenue Service within the past decade. One reason for such scrutiny is that conditions are being imposed on these contributions, testing the perpetuity requirement for conservation easement deductions. In order for a condition on the donation to survive, the condition must be “so remote as to be negligible.” The judicial interpretation of the so-remote-as-to-be-negligible standard has fluctuated since its addition to the Treasury Regulations in 1939. Most recently, the Tax Court in Graev v. Commissioner, explored the meaning of the so-remote-as-to-be-negligible standard …

An Increase In Beach Reconstruction Projects May Mean A Decrease In Property Rights: The Need For A Multi-Factor Balancing Test When Protecting Waterfront Property, Amy Forman

Washington and Lee Journal of Energy, Climate, and the Environment

In recent years, many states have struggled to come up with an adequate solution to the negative effects of climate change, specifically rising sea levels and severe storms. The most common and successful method of protection, erecting barriers on the waterfront, not only raises its own environmental concerns, but also forces the government to invade on a homeowner’s property rights for the sake of protecting the beach. Recent cases such as the Borough of Harvey Cedars v. Karan, illustrate that when courts abandon traditional property rights, it becomes easier to implement protective measures and save their waterfront properties. This protection …

The Privatization Of Antarctica, Leonid A. Krasnozhon, Pedro A. Benitez, Walter E. Block

Washington and Lee Journal of Energy, Climate, and the Environment

The seventh continent, Antarctica, is a no man’s land in terms of economic development. This is not due to its harsh weather conditions. Parts of Alaska, Canada and Russia are almost equally inhospitable. Rather, this Article argues that Antarctica’s economic isolation is the result of political paralysis and a lack of appreciation for private property rights. This Article makes the case for adding Antarctica to the family of nations, whether as one or several countries.

Forever Evergreen: Amending The Washington State Constitution For A Healthy Environment, Devra R. Cohen

Washington Law Review

Pollution poses an ongoing threat to the health and welfare of the citizens of Washington State. Air pollution costs Washington approximately $190 million per year, ocean acidification is contributing to oyster die-offs, and approximately 677,000 acres of land are affected by area-wide soil contamination. Although Washington has aspirational environmental legislation and a narrowly defined duty under article XVII of the Washington State Constitution to protect navigable waters, their shores and tidelands, the State needs to do more if its citizens—present and future—are going to enjoy a healthy environment. Amending the Washington State Constitution to include an extended public trust doctrine …

Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods

Elisabeth Haub School of Law Student Publications

This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning …

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Does Learning About Climate Change Adaptation Change Support For Mitigation?, Michael P. Vandenbergh, Heather Barnes Truelove, Amanda R. Carrico, David Dana

Vanderbilt Law School Faculty Publications

Many have speculated that increased attention to climate change adaptation will reduce support for mitigation. The Risk Compensation Hypothesis suggests that remedies to reduce the impacts of risky behaviors can unintentionally increase those behaviors. The Risk Salience Hypothesis suggests that information about adaptation may increase the salience of impacts, and therefore increase mitigation support. Experiment 1 presented participants with a news article about an irrigation technology described as a way to improve efficiency (Pure Control), reduce emissions (Mitigation Control), or reduce drought vulnerability (Adaptation). Political moderates in the adaptation condition rated climate change as a higher political priority and were …

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides

Smith V. Parker, Lindsay M. Thane

Public Land & Resources Law Review

The Eighth Circuit Court of Appeals found that an 1882 Act of Congress did not intend to diminish the boundaries of the Omaha Indian Reservation in Nebraska. The district court’s decision was affirmed because reservation land may not be divested from the tribe absent clear congressional intent to alter the reservation’s boundaries. Because the Omaha Reservation land was not diminished, the town of Pender, Nebraska—which currently sits on Reservation land—and residents of Pender, Nebraska who are engaged in the sale of alcoholic beverages must comply with the Omaha Tribal Code’s imposition of a ten percent sales tax on these beverages.

The Production Of Pollution And Consumption Of Chemicals In Canada, Dayna Nadine Scott, Lauren Rakowski, Laila Zahra Harris, Troy Dixon

Articles & Book Chapters

No abstract provided.

Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon

William & Mary Environmental Law and Policy Review

This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …