Environmental Law Commons^™

"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal

William & Mary Environmental Law and Policy Review

No abstract provided.

Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico

William & Mary Environmental Law and Policy Review

No abstract provided.

Editorial Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Food Choice Is A Fundamental Liberty Right, David J. Berg

Journal of Food Law & Policy

"[P]laintiffs do not have a fundamental right to obtain any food they wish." "When did we lose our right to buy whatever food we want directly from farmers and assorted food producers, outside of the regulatory system of permits and inspections?" For millennia, humans either caught or raised their own food or purchased it from local farmers or shopkeepers; however they obtained their food, they knew where it came from. In fact, obtaining one's food directly from the farmer who grew it is one of the most traditional economic practices that there can be. But with the industrial age came …

The Market For Drug-Free Poultry: Why Robust Regulation Of Animal Raising Claims Is The Right Prescription To Combat Antibiotic Resistance, Dorinda L. Peacock

Journal of Food Law & Policy

Since their introduction in the mid-twentieth century, antibiotics have become a mainstay of poultry production for purposes ranging from growth promotion to disease treatment and control. Nevertheless, for almost as long, there have been concerns about the role that these agricultural uses play in the development of antibiotic resistant bacteria. The issue of antibiotic resistance in general is fast becoming a public health crisis and scrutiny of agriculture as a contributing cause continues. Nevertheless, to date, neither regulatory efforts to curb agricultural usage nor private sector actions in response to consumer demand and public-interest campaigns have led to significant changes …

Under-Regulation In The State Prison Food System: Consequences And A Proposal For Change, Michael D. Mckirgan

Journal of Food Law & Policy

While federal and state government regulations have become commonplace in almost every conceivable facet of the modem American lifestyle, the prison food system has inconspicuously remained underregulated despite the progress made by the prisoners' rights movement in other areas. Legislatures in most states generally leave prison food regulation to the sole discretion of prison administrators, resulting in a "laissez-faire approach" in the prison food system; an anachronism in contemporary America. Some states' prison systems do in fact self regulate to an adequate degree despite this under-regulation, while others participate in voluntary, nongovernmental prison accreditation programs. However, many states and localities …

Journal Of Food Law & Policy - Fall 2013, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Live For Now: Teens, Soda Marketing, And The Law, Richard A. Daynard, F. Brendan Burke, Cara L. Wilking

Journal of Food Law & Policy

The alarming rate of overweight and obesity in U.S. children, adolescents, and adults has focused attention on the marketing of unhealthy foods and beverages.' Adolescents are heavily targeted in marketing for beverages, including sugary drinks like soda. They have higher rates of overweight and obesity than children less than five years of age, and are on a path to have a shorter life expectancy than their parents. This article analyzes soda marketing through the lens of teen biological and psychological development, marketing tactics commonly used with teen audiences, and consumer protection law principles.

Yea Or Neigh? The Economics, Ethics, And Utility Of The Horsemeat Filet, L. Leon Geyer, Dan Lawler

Journal of Food Law & Policy

While staying surprisingly low profile amongst the general populace, the issue of horse slaughter has become hotly contested in the last decade, evolving into a multifaceted controversy that intertwines questions regarding ethics, international commerce, and contemporary law and politics. Horses were slaughtered in the U.S. in United States Department of Agriculture (USDA) regulated plants until 2007, when an appropriations bill suspended funding for federal inspections of horsemeat. The U.S. was home to three domestic slaughterhouses - two in Texas and one in Illinois - that slaughtered an average of about 115,003 horses per year from 1990 to 2007. Currently, American …

Asserting Treaty Rights To Harness The Wind On The Great Lakes, Gerald Carr

American Indian Law Journal

No abstract provided.

A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath

Seattle University Law Review

Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …

The Climate Change-Sustainable Development Nexus: A Proposal For Convergence, Alvin K. Leong

Dissertations & Theses

This thesis is founded on the proposition that climate change and sustainable development are inextricably linked with each other and form a “nexus” that should be understood in a pragmatic and holistic way. Accordingly, the climate change “problem” cannot be adequately addressed in “silos” or by traditional output control techniques but instead should be viewed as a multidimensional challenge that calls for transformative change in the world energy sector in light of the wider contexts of sustainability and social equity. This thesis observes that with the emergence of a post-2015 development agenda and Sustainable Development Goals (SDGs) at the United …

Converting Natural Resources Into Electricity, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This paper provides the groundwork for understanding the conversion of natural resources, such as wind, solar, biomass, and geothermal, into electric energy. It includes a summary of the current technologies and latest statistics on their distribution among states and on land and water. It also provides an introduction to some of the legal issues related to their deployment and interconnection with the electric grid.

Good-Bye Christopher Columbus Langdell?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The call of this Article was to take "A Prospective Look" at Environmental and Natural Resources Law for the next 40 years with a special focus on law school teaching. Daunted by the hubris involved in prognosticating so far into the future, this piece more modestly explores three areas in which law school teaching is currently changing: I. Methods of Presentation; II. Use of Skills Exercises; and III. Influence of Digital Technologies and the Internet. To add an empirical component, the author canvassed AALS members about pedagogies they used both in class and outside of classroom time, as well as …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies, Usha Varanasi

Washington Journal of Environmental Law & Policy

In the spirit of fostering interdisciplinary dialogue, the Washington Journal of Environmental Law and Policy is proud to present this Article. Professor Varanasi takes examples from her career as a fisheries scientist for the National Oceanographic and Atmospheric Administration to argue for a new model for ecological disaster planning and response, in which baseline ecosystem data is collected in advance of possible incidents so that decision-makers are empowered to make informed choices from the first stages of disaster response. She concludes by urging sustained and targeted funding for long-term ecosystem data collection to better understand various disasters’ effects on a …

"We Can Lead": Washington State's Efforts To Address Ocean Acidification, Amanda M. Carr

Washington Journal of Environmental Law & Policy

The world’s oceans have become approximately thirty percent more acidic since the Industrial Revolution and are currently acidifying at a rate ten times faster than anything the earth has experienced over the last fifty million years. Washington State is undertaking a groundbreaking effort to address ocean acidification, a global issue that has serious implications for the world’s oceans, marine ecosystems, and the individuals and communities that depend upon the services that they provide. These localized actions, in isolation, will be insufficient to effectively combat and adapt to the acidification of marine waters. While acknowledging this generally accepted premise, Washington has …

Practical Alternatives For Silvicultural Pollution Reduction In Light Of Decker V. Nedc, Erin Anderson

Washington Journal of Environmental Law & Policy

Decker v. Northwest Environmental Defense Center is a recently decided Supreme Court case that originated in the forests of Oregon. Frustrated by the level of pollution in Oregon rivers that was originating from logging roads, an environmental group sued the State to enforce the Clean Water Act and require Oregon to issue National Pollutant Discharge Elimination System (NPDES) permits for the pollution. The Supreme Court held that the Environmental Protection Agency’s (EPA) decision to exclude water pollution from logging roads from NPDES permitting was entitled to deference, reversing the Ninth Circuit’s decision that such pollution required NPDES permits under the …

Legal Hurdles Faced By Deep Green Buildings: Case Studies And Recommendations, Kathleen O'Brien, Nicole Denamur, Elizabeth Powers

Washington Journal of Environmental Law & Policy

The recent emphasis on building design, construction, and performance has revealed legal challenges and risks an owner or project team may face when attempting to construct a “deep green” building. The intent of this article is to encourage and facilitate the development of deep green and high performing buildings by reducing perceived and actual risks as well as challenges associated with their development, construction, and operation. This article explores these risks and challenges through a discussion of specific examples from two case study projects located in Seattle, Washington. These examples are arranged in two broad categories: (1) the process of …

Washington Environmental Law Year In Review, Abigail Pearl, Hunter Elenbaas

Washington Journal of Environmental Law & Policy

We are proud to present the first installment of the Washington Environmental Law Year in Review. This feature, which will be published annually in the Fall issue, will track significant developments in the environmental laws and regulations of Washington, and present a summary of these changes organized by topic.

A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act, Laura Zippel

Washington Journal of Environmental Law & Policy

The EPA currently regulates the Navy program Sink Exercise (SINKEX) under a permit issued under the Ocean Dumping Act. The Navy regards SINKEX as both a “live fire exercise,” important for the training of sailors in tactics and operations, and as a ship disposal program. Due to the toxic materials used to construct the derelict ships–including PCBs, asbestos, and lead–a case was filed in San Francisco District Court alleging that the EPA is required to regulate and permit SINKEX under the Toxic Substances Control Act (TSCA). This comment addresses the complexities arising from EPA permitting of SINKEX, including a comparison …

Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

While internationally Paraguay is known for being the largest hydropower exporter in the world, the domestic economy suffers from regular outages and high system losses. The country is largely dependent on agricultural production, which has led to volatile economic performances in the past resulting from climatic circumstances and commodity price fluctuations. To address these two key policy challenges, the Government of Paraguay has approached The Earth Institute to: 1) explore the potential of a climate risk management system and sustainable agriculture activities to mitigate environmental vulnerability and 2) develop a high-level strategic plan to use Paraguay’s vast hydropower resources for …

Private Environmental Governance, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the appropriate next step is expansion or contraction, reforms to the federal statutory framework have stalled. Federal regulatory activity and state and local measures have filled some of the gap, but private governance efforts – the pursuit of public ends through private standards, monitoring, enforcement, and dispute resolution – now …

The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod

Other Publications

Congress could add half year to the life of the average american by eliminating two false assumptions built into the foundation of the CleanAir Act: (1) All pollutants have a safe level (2) pollution is local.

Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …