Environmental Law Commons^™

Delinking International Environmental Law & Climate Change, Cinnamon Carlarne

Michigan Journal of Environmental & Administrative Law

This Article challenges the existing paradigm in international law that frames global efforts to address climate change as a problem of and for international environmental law. The most recent climate reports tell us that warming is unequivocal and that we are already experiencing the impacts of climate change at the domestic level in the United States. Against this backdrop, much has been written recently in the United States about domestic efforts to address climate change. These efforts are important, but they leave open the question of how the global community can work together to address the greatest collective action problem …

Joseph Sax, A Human Kaleidoscope, Zygmunt Plater

Michigan Journal of Environmental & Administrative Law

Probably more than any other person most of us will ever have the opportunity of knowing, Joe Sax was kaleidoscopic in the way he projected his mind and lived his life as a scholar, teacher, and citizen seer. Shifting his analytical gaze from challenging context to challenging context, he repeatedly threw rich new patterns of perceptive light, thoughts broad and deep, onto a remarkable range of puzzles. Joe’s ability to think broadly and deeply influenced and reshaped the way that his students, friends, colleagues, and readers understood the intricacies, beauty, and challenges of the world around them. Others in this …

Making Ideas Matter: Remembering Joe Sax, Mark Van Putten

Michigan Journal of Environmental & Administrative Law

Joe Sax made his ideas matter. He had consequential ideas that shaped an entire field—in his case, environmental law—both in theory and in practice. His scholarship was first rate and has enduring significance in academia, as evidenced by the fact that two of his law review articles are among the 100 most frequently cited articles of all time. Others are more competent to review the importance of his scholarship; my experience in environmental advocacy is more pertinent to evaluating his impact on environmental policymaking. Here, his ideas have had a greater impact than any other legal academic. As the New …

Joseph L. Sax: The Realm Of The Legal Scholar, Nina A. Mendelson

Michigan Journal of Environmental & Administrative Law

It is one of my great regrets that I never really got to know Professor Joseph Sax personally. I joined the faculty at the University of Michigan Law School well over a decade after Sax departed our halls for the University of California at Berkeley’s Boalt Hall School of Law. I met him on one occasion several years ago, when he gave an engaging workshop at Michigan on governance issues around Colorado River water allocation, complete with a detailed map of the watershed. I am exceptionally fortunate, however, to occupy a chair named for him. This is not only because …

The Legacy Of Professor Joe Sax, Fred Krupp

Michigan Journal of Environmental & Administrative Law

I grew up as the environmental movement did, in the 1960s and 1970s. In college at Yale, engineering professor Charlie Walker became my mentor and taught me that there are practical solutions for almost all environmental problems. This hopeful point of view inspired me to devote myself to the subject, first as an academic pursuit. As I neared graduation and was trying to decide on a path, Professor Walker handed me a book: Defending the Environment by Joseph Sax.1 That book was visionary in its description of private citizens’ ability to protect and defend the environment through the legal system. …

Reclamation, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet on reclamation of land impacted by oil and gas production, an area of Energy & Environmental Research Center study. Includes information on various aspects of land reclamation. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

Long-Term Protection Of Freshwater Resources Following Co2 Storage, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet about mechanisms used to protect freshwater resources following CO₂ injection. Outlines U.S. Department of Energy’s research on water safety. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

Spills, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Energy & Environmental Research Center resource on oil- and gas-related spills, including types of spills and methods of spill cleanup. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

Learning From Conservation Planning For The U.S. National Wildlife Refuges, Robert L. Fischman, Vicky J. Meretsky

Articles by Maurer Faculty

The U.S. National Wildlife Refuge System has nearly completed its first round of unit-level, comprehensive conservation plans (CCPs) and will soon begin required revisions. Laws and policies governing refuge planning emphasize ecological integrity, landscape-scale conservation, and adaptive management. We evaluated 185 CCPs completed during 2005–2011, which cover 324 of 555 national wildlife refuges. We reviewed CCP prescriptions addressing 5 common conservation issues (habitat and game, nongame, imperiled, and invasive species) and 3 specialized topics (landscape-scale conservation, climate change, and environmental quality). Common conservation issues received prescriptions in >90% of CCPs. Specialized topics received more variable treatment. Prescriptions for aquatic connectivity, …

Introduction: Environmental Law Without Congress, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers

University of Miami International and Comparative Law Review

No abstract provided.

Climate Change, Technology Transfer And Intellectual Property: Options For Action At The Unfccc, Dalindyebo Shabalala

School of Law Faculty Publications

In his dissertation, the author examines the issue of whether intellectual property poses a barrier to technology transfer to address climate change and if so, what policymakers should do at the multilateral level. The book refocuses the question away from empirical approaches toward the key question of the legal capacity of developing countries to prospectively restructure their economies to access technologies and move up the technology value chain. It concludes with a set of recommendations for action at the United Nations Framework Convention on Climate Change.

The author defended his dissertation Oct. 15, 2014, at Maastricht University in the Netherlands. …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler

Faculty Publications

Through the imposition of mandates on what sorts of energy may be produced or sold, state regulatory efforts have imposed burdens on interstate energy markets. In some cases, these burdens are explicit, as when states have privileged in-state energy sources at the expense of out-of-state producers or sellers. In other cases, these burdens are the inevitable consequence of state efforts to reduce the environmental impacts of energy consumed within the state. Such restrictions, and their associated burdens on interstate commerce, raise serious constitutional questions. Under the so-called "Dormant Commerce Clause," state regulations that discriminate against out-of-state actors are presumptively unconstitutional, …

Wilderness Exceptions, John Copeland Nagle

Journal Articles

This Article considers when activities that are inconsistent with wilderness are nonetheless allowed in it. That result happens in four different ways: (1) Congress decided not to designate an area as “wilderness” even though the area possesses wilderness characteristics; (2) Congress draws the boundaries of a wilderness area to exclude land that possesses wilderness characteristics because Congress wants to allow activities there that would be forbidden by the Act; (3) Congress specifically authorizes otherwise prohibited activities when it establishes a new wilderness area; or (4) Congress acts to approve contested activities in response to a controversy that arises after a …

Friends Of The Wild Swan V. Ashe, Hannah S. Cail

Public Land & Resources Law Review

In Friends of the Wild Swan v. Ashe, the District Court of Montana reviews the reasonableness of the U.S. Fish and Wildlife Service’s delayed preparation of the Canada lynx recovery plan. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the ESA and the APA. In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.

Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. Vandenbos

Public Land & Resources Law Review

Environmental plaintiffs demanded injunctions following U.S. Forest Service approval of two fuel reduction projects in the Gallatin National Forest, alleging, inter alia, ESA and NEPA violations. Although both projects had already been challenged in Salix v. United States Forest Serv., Plaintiffs in Alliance for the Wild Rockies alleged specific harms, allowing the court to create a new injunction standard for cases involving procedural, programmatic violation of the ESA. The new test harmonizes two conflicting lines of Ninth Circuit precedent.

Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West

Public Land & Resources Law Review

The U.S. Supreme Court determined the Environmental Protection Agency properly interpreted the “Good Neighbor Provision” of the Clean Air Act in adopting the Transport Rule. The Court found, contrary to the D.C. Circuit Court of Appeals decision to vacate the rule entirely, the EPA did not act arbitrarily and capriciously by integrating a cost-effective allocation of emission reductions or by disallowing states a second opportunity to file a State Implementation Plan before promulgating a Federal Implementation Plan.

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.

Powder River Basin Resource Council V. Wyoming Oil And Gas Conservation Commission, Lindsay M. Thane

Public Land & Resources Law Review

The Wyoming Supreme Court reversed and remanded the district court’s decision that chemicals used in fracking are confidential “trade secrets” that do not need to be publicly disclosed. The Court ordered the district court to apply the WPRA, not the APA, as the standard of review, and to use the FOIA definition of “trade secrets.” The Court’s chosen definition will make it more difficult for companies to demonstrate that the chemicals they use should not be disclosed.

Global Warming Or Not: The Global Climate Is Changing And The United States Should Too, Christine Moran Sinclair

Georgia Journal of International & Comparative Law

No abstract provided.

A New Global Environmental Organization, Karen Tyler Farr

Georgia Journal of International & Comparative Law

No abstract provided.

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.

One Step Forward, Two Steps Back: The Central American Free Trade Agreement And The Environment, Nathaniel Hemmerick Hunt

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights And Climate Change: Moving From An Intrinsic To An Instrumental Approach, Edward Cameron

Georgia Journal of International & Comparative Law

No abstract provided.

The Intersection Of International Human Rights And Domestic Environmental Regulation, Rebecca M. Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.

Procedural Rights As A Crucial Tool To Combat Climate Change, Svitlana Kravchenko

Georgia Journal of International & Comparative Law

No abstract provided.

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon

Georgia Journal of International & Comparative Law

No abstract provided.