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Articles 7921 - 7950 of 18437

Full-Text Articles in Environmental Law

A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu Jan 2013

A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Urban Energy, Hannah J. Wiseman Jan 2013

Urban Energy, Hannah J. Wiseman

Scholarly Publications

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …


A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar Jan 2013

A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar

Global Business Law Review

Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …


Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2013

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Bee, Michael Callahan-Dudly Jan 2013

Bee, Michael Callahan-Dudly

UC Law Environmental Journal

No abstract provided.


Shale Gas And Clean Energy Policy, Joseph P. Tomain Jan 2013

Shale Gas And Clean Energy Policy, Joseph P. Tomain

Faculty Articles and Other Publications

If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …


Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith Jan 2013

Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith

Faculty Articles and Other Publications

David R. Boyd’s book entitled, The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, provides a comprehensive overview of nations that have incorporated the right to a healthy environment in their constitutions. Throughout his research, Boyd analyzes the effectiveness of environmental protection provisions in national constitutions and seeks to determine whether constitutional provisions guaranteeing the right to a healthy environment have measurable, positive effects on the environment. His wide-ranging compilation and analysis of environmental rights provisions in numerous countries is an important contribution to international human rights literature. Although Boyd explains that treating the right …


Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover Jan 2013

Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover

Student Articles and Papers

Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …


Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum Jan 2013

Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum

UC Law Environmental Journal

No abstract provided.


Highway 1 Haze, Jamie Kelly Jan 2013

Highway 1 Haze, Jamie Kelly

UC Law Environmental Journal

No abstract provided.


Christopher Stevens Tribute, Brian E. Gray Jan 2013

Christopher Stevens Tribute, Brian E. Gray

UC Law Environmental Journal

No abstract provided.


The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring, Chloe Angelis Jan 2013

The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi Jan 2013

International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi

UC Law Environmental Journal

No abstract provided.


Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht Jan 2013

Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht

UC Law Environmental Journal

No abstract provided.


Golden Gate Park Squirrel, Brian King Jan 2013

Golden Gate Park Squirrel, Brian King

UC Law Environmental Journal

No abstract provided.


The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg Jan 2013

The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg

UC Law Environmental Journal

No abstract provided.


Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States, Rebecca Bratspies Jan 2013

Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States, Rebecca Bratspies

Publications and Research

No abstract provided.


Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond Jan 2013

Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond

Scholarly Publications

Judicial review is considered an indispensable legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must find their legitimacy elsewhere. This article evaluates the promise of “inside-out” legitimacy as an alternative or complement to judicial review. We theorize, based on insights from the administrative law and procedural justice literatures, that administrative process design can do much to advance legitimacy without the need to rely on judicial review to check …


Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson Jan 2013

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.


Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii Jan 2013

Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii

Florida A & M University Law Review

No abstract provided.


Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi Jan 2013

Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi

Florida A & M University Law Review

No abstract provided.


Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink Jan 2013

Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink

Florida A & M University Law Review

This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …


A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera Jan 2013

A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera

Florida A & M University Law Review

No abstract provided.


Underwater: The Need For Massachusetts To Become Climate Ready, Erica Mattison Jan 2013

Underwater: The Need For Massachusetts To Become Climate Ready, Erica Mattison

Florida A & M University Law Review

Massachusetts' longstanding vulnerability to flooding is on the verge of worsening due to expected impacts of climate change over the next several years. Although legislation has prompted the state to convene a multi-agency conversation on climate change adaptation, the work has yet to result in specific planning that will prime the state for reducing damage caused by flooding and other climate impacts. With renewed leadership, the state should prioritize flood risk in the policy agenda, launch a public awareness campaign, plan for infrastructure and state property investments, and facilitate municipal action. Since the issue cannot be adequately addressed by state …


A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens Jan 2013

A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens

McGeorge Law Review

No abstract provided.


The Private Role In Public Fracturing Disclosure And Regulation, Hannah J. Wiseman Jan 2013

The Private Role In Public Fracturing Disclosure And Regulation, Hannah J. Wiseman

Scholarly Publications

Abstract: Recent domestic growth in oil and gas natural gas production from shales and sandstones called “tight” formations—largely enabled by a modified technology called slickwater hydraulic fracturing—has driven both economic growth and environmental concerns. Public concerns have often focused on the chemicals used in the fracturing process, yet federal regulations requiring disclosure of chemicals are weak. In the midst of initial “threats” of federal intervention, industry—along with state regulators—developed a website that enabled chemical disclosure. State regulations later mandated disclosure through this website, or allowed it as one option within a mandatory disclosure regime. Independently, gas companies also have begun …


The Clean Air Act: The End Of A Chevron Era?, Erin Murphy Jan 2013

The Clean Air Act: The End Of A Chevron Era?, Erin Murphy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen Jan 2013

What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


There’S Still A Chance: Why The Clean Air Act Does Not Preempt State Common Law Despite The Fourth Circuit’S Ruling In North Carolina V. Tva, Thomas J. Alves Jan 2013

There’S Still A Chance: Why The Clean Air Act Does Not Preempt State Common Law Despite The Fourth Circuit’S Ruling In North Carolina V. Tva, Thomas J. Alves

Hofstra Law Student Works

Many legal hurdles confront plaintiffs who assert common law public nuisance claims against energy companies in an effort to curtail their production of greenhouse gases (GHG’s). These include standing, political question, the dormant commerce clause, and federal preemption. This paper explores federal preemption of common law public nuisance claims by the Clean Air Act (CAA) and concludes that such common law claims remain viable. The Supreme Court’s ruling in International Paper Co. v. Ouellette, 479 U.S. 481 (1987) (Ouellette), combined with the textual, structural, and schematic similarities between the Clean Water Act (CWA) and the CAA, form the basis for …


Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens Jan 2013

Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens

Articles

Ecologists have made great strides in developing criteria for describing the resilience of an ecological system. In addition, expansion of that effort to social-ecological systems has begun the process of identifying changes to the social system necessary to foster resilience in an ecological system such as the use of adaptive management and integrated ecosystem management. However, these changes to governance needed to foster ecosystem resilience will not be adopted by democratic societies without careful attention to their effect on the social system itself. Delegation of increased flexibility for adaptive management to resource management agencies must include careful attention to assuring …