Environmental Law Commons^™

The Future Of Federal-State Land Exchanges, John C. Ruple, Robert B. Keiter

Wallace Stegner Center for Land, Resources, and the Environment publications

Today, the land ownership map of the West in many places resembles a crazy quilt, without reason or coherent pattern. Often no single owner (states, private entities, or the Federal government) owns enough contiguous land to allow effective management of land holdings, and fragmented ownership patterns generate a plethora of disputes over access and similar problems.

While this paper focuses on examples from Utah, the challenges posed by a fragmented landscape and conflicting management objectives are much broader. Across the 11 contiguous Western states, state trust lands account for twice the acreage of National Parks and trust lands are often …

Repeating The Failures Of Carbon Trading, Brittany A. Harris

Washington International Law Journal

Carbon emissions trading, or cap-and-trade, is increasingly in vogue among Pacific Rim countries as a means of combating climate change. In theory, cap-and-trade promises to solve climate change by capping and gradually reducing the amount of carbon dioxide and greenhouse gas emissions, and to do so with maximum economic efficiency. In reality, environmentally effective and economically efficient carbon emission trading systems have eluded both the international community and the European Union, and in practice have arguably increased emissions by artificially prolonging and legitimizing reliance on fossil fuels. In spite of this poor track record, five countries on the Pacific Rim …

Front Matter, Colorado Natural Resources, Energy & Environmental Law Review

Colorado Environmental Law Journal

No abstract provided.

Dynamic Forest Federalism, Blake Hudson

Washington and Lee Law Review

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.

In Harm's Way: How Philadelphia's Urban Renewal Practices Steered Marginal People To Marginal Land, Katera Ya'shea Moore

Dissertations, Theses, and Capstone Projects

The dumping of locally unwanted land uses (LULUs) on marginal communities has been well documented, however environmental justice scholars have rarely written about how marginal groups have come to occupy their landscapes, particularly when natural hazards lie beneath.

This dissertation research focuses on a broad definition of the environment that includes the built, social, and physical. I am interested in extending Logan and Molotch's Growth Machine theory to consider how the political and economic elite guided the urban renewal process to place particular communities on particular landscapes, despite the presence of a flooding hazard. To understand this issue, I examined …

Environmental Law Outside The Canon, Todd S. Aagaard

Faculty Publications

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …

Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson

Georgia Journal of International & Comparative Law

No abstract provided.

Harvest Incentives: A Tool For Managing Aquatic Invasive Species, Bob Wiltshire, Nathan Stone, Marshall Meyers, Bill Hyatt, Lori Williams, Jason Goldberg, Susan Pasko, Leah Elwell

National Invasive Species Council

Conclusion

The success of any harvest incentive program to address aquatic invasive species will depend upon numerous biological, socioeconomic, and legal considerations. Programs that encourage harvest may be a successful management tool in targeting small, distinct populations; in high priority areas within a larger invasion; or they may play a supplementary role within larger control programs. Their use, however, will require careful review, planning, and monitoring to ensure success and that they do not unintentionally lead to further spread of invasive species, cause additional harm to native species, or waste valuable resources.

When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs

Maryland Law Review Online

No abstract provided.

Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey

Journal of the National Association of Administrative Law Judiciary

This comment will explain why the federal nuclear waste management program is at a standstill and will suggest a course of action for the NRC to help revive the program. Part II describes the environmental hazards of spent nuclear fuel and the federal government’s effort to site and build a geologic repository for this nuclear waste. Part III explains the role of the NRC in the nuclear regulatory scheme and how safety and environmental regulations are promulgated and enforced. Part IV narrows in on the NRC rulemakings called the “Waste Confidence Decision” and “Temporary Storage Rule,” and the reasons why …

From Arrows To Bullets: Sustainable Hunting, Fishing, And Trapping, George S. Apostolopoulos

2014 Student Theses

My thesis paper is on hunting, fishing, and trapping in the state of New York. In this thesis I will go over months of my own personal research and experience on the topic. I will provide information on wildlife populations and biodiversity, as I have recorded it over the last two years.

When discussing the topics of hunting, fishing, and trapping in New York State the focus of conversation is often on the moral wrongness and negative impacts on wildlife that these disciplines have. However, those who oppose hunting, fishing, and trapping not only overlook their environmental educational value, environmental …

Resetting International Law Linkages: Cop 20 Mechanisms And Protocols, Steven Ferrey

Suffolk University Law School Faculty Works

The article reviews the experiences of programs to promote renewable energy in Southeast Asian countries and proposes some learned lessons that can be useful in the context of COP 20 to promote renewable energy. The article analyzes the rates and mechanisms of promotion used in countries such as India, Indonesia and Vietnam, that are led by the World Bank. These mechanisms are used as a legal basis that proposes successful tested alternatives and its usefulness is that renewable energies can be implemented within the current legal structure of international environmental law. In conclusion, it is the correct timing for the …

Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle

Maryland Law Review Online

No abstract provided.

Lessons From A Lawyer’S Life, Leslie Carothers

Elisabeth Haub School of Law Faculty Publications

The author, scholar-in-residence at Pace Law School, received the 2013 ABA Award for Distinguished Achievement in Environmental Law and Policy. A pioneer in the early years of environmental protection, she expands in this space on her remarks in accepting the honor, drawing insights for today’s environmental professionals.

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics …

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

It is time to move past the concept of sustainability. The realities of the Anthropocene warrant this conclusion. They include unprecedented and irreversible rates of human-induced biodiversity loss, exponential increases in per-capita resource consumption, and global climate change. These factors combine to create an increasing likelihood of rapid, nonlinear, social and ecological regime changes. The recent failure of the Rio +20 provides an opportunity to collectively reexamine--and ultimately move past--the concept of sustainability as an environmental goal. We must face the impossibility of defining--let alone pursuing--a goal of "sustainability" in a world characterized by such extreme complexity, radical uncertainty and …

Why Good Governance Of Land And Tenure Security Need To Be Part Of The Sustainable Development Goal Framework, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network

Columbia Center on Sustainable Investment Staff Publications

The CCSI and the UN Sustainable Development Solutions Network’s Thematic Group on Good Governance of Extractive and Land Resources published a short briefing note on including land governance in the Sustainable Development Goal framework. The note argues that incorporating good governance of land and tenure security would help meet a number of proposed sustainable development goals for the post-2015 development agenda, including reducing poverty, strengthening food security, empowering women, and alleviating commercial pressures on land. The note recommends the inclusion of an access-to-land indicator to help measure governments’ efforts.

El Precio De Los Pesticidas: La Criminalización De La Fumigación Con Plaguicidas En Argentina Y Las Repercusiones Nacionales E Internacionales, Jamie Lynn Vanaria

University of Miami Inter-American Law Review

No abstract provided.

Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris

UF Law Faculty Publications

This article will explore a number of legal mechanisms that could play a role in ensuring that discharges from agricultural activities do not cause or contribute to violations of water quality standards. Specifically, this article will evaluate the relative effectiveness of: (1) narrative nutrient criteria as compared with numeric nutrient criteria; (2) Total Maximum Daily Load (TMDL) implementation through regulatory and non-regulatory mechanisms; and (3) the relative efficacy of design-based standards such as Best Management Practices (BMPs) and performance-based standards in reducing water pollution from agriculture. The article will draw on experiences from the State of Florida, including Everglades' restoration …

Ban The Bag: Narragansett, Emma E. Meyer

Senior Honors Projects

Rhode Island, the smallest state in the country at 37 miles wide and 48 miles long, rightfully earns its nickname “The Ocean State” when considering the 400 miles of shoreline constituting Narragansett Bay. Despite the obvious necessities of sustaining a healthy bay within a state known for its beaches, at present day one would be challenged to walk along the Narragansett Sea Wall without spotting a plastic bag floating in or around the neighboring coastline. Not only are these bags an eye soar and a nuisance to Narragansett – a community whose financial prosperity is highly reliant upon its summer …

Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby

William & Mary Environmental Law and Policy Review

No abstract provided.

Monitoring, Verification, And Accounting Plans Of Water Resources During The Geologic Storage Of Carbon Dioxide, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet examines the CO₂ monitoring, verification, and accounting (MVA) framework. Highlights measures taken to protect water resources. Developed by the U.S. Department of Energy’s Water Working Group. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

The Public Trust: The Law's Dna, Gerald Torres, Nathan Bellinger

Cornell Law Faculty Publications

No abstract provided.

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

No abstract provided.

Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah

Dissertations & Theses

This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the …

Cooperation Of Amazon Countries: A Comparative Analysis Of Forest Law Towards A Cooperative Effort For The Conservation And (Sustainable) Development Of The Amazon Rainforest, Maria Antonia Tigre

Dissertations & Theses

The Amazon region contains the world’s largest river, the world’s biggest tropical forest, and the world’s richest biodiversity and is shared by nine countries (Bolivia, Brazil, Colombia, Ecuador, Guyana, French Guyana, Peru, Suriname and Venezuela), each with its individual approach as to how to protect this environment. However, due to its unique value in the local, national, regional and global context, cooperation is required to manage this ecosystem. This thesis thus evaluates the approaches of environmental protection in the Amazon region at the national, regional, and international levels through the lens of forest protection.

At the international scale the international …

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that while the …

Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam

William & Mary Environmental Law and Policy Review

This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive to …

Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations, John Loughney

William & Mary Environmental Law and Policy Review

No abstract provided.