Environmental Law Commons^™

The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu

Research Collection Yong Pung How School Of Law

This article focuses on the European Union (EU)’s potential contribution to an enhanced legal regime of the Arctic offshore oil and gas operations. It first briefly describes existing international law for the regulation of offshore oil and gas operations in the Arctic. The article then discusses the development of EU’s Arctic policy and the EU’s competence to regulate Arctic offshore oil and gas activities. Subsequently, it analyzes potential actions and initiatives that could be taken by the EU to promote high safety standards for offshore oil and gas operations in the Arctic.

Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu

Research Collection Yong Pung How School Of Law

The introduction of invasive marine species by ships is one of the four most significant threats to the world's oceans.' Global shipping moves over 80% of the world's commodities and transfers approximately 3 to 5 billion tonnes of ballast water each year.^ Every day about 3,000 species of animals and plants are transported around the world in the ballast water of ships, or on their hulls.' Some invasive alien marine species can have serious ecological as well as social and economic impacts."*

How Did Rggi Do It? Political Economy And Emissions Auctions, Bruce R. Huber

Journal Articles

Among the major emissions trading schemes in operation around the world, the Regional Greenhouse Gas Initiative (RGGI) stands alone: this CO₂ cap-and-trade program among nine northeastern states is the only such scheme to rely primarily on auctions to distribute emissions allowances. The standard practice - distributing allowances for free on the basis of historical emissions - elicits begrudging but politically crucial support from some regulated emitters. Like carbon taxation, allowance auctioning has long been considered economically superior to its alternatives but politically infeasible.

How did the RGGI states manage to defy conventional wisdom and institute a program so reliant …

Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor

Maryland Law Review

No abstract provided.

When Strong Enforcement Works Better Than Weak Regulation: The Epa/Doj New Source Review Enforcement Initiative, Thomas O. Mcgarity

Maryland Law Review

No abstract provided.

Keynote Address, Brooksley Born

Maryland Law Review

No abstract provided.

Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt

Maryland Law Review

No abstract provided.

Persuasion Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …

Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs

Faculty Scholarship

No abstract provided.

0809: John Taylor Collection, 1969-2007, Marshall University Special Collections

Guides to Manuscript Collections

Mr. Taylor is an attorney from Charleston, WV that fought for the legal and labor rights of workers across the United States. The majority of the people that Taylor represented were members of unions, including both the United Auto Workers [UAW] and the United Mine Workers of America [UMWA]. Taylor's clients fought to secure access to health benefits and the improvement of working conditions. A large portion of the collection centers on Black Lung cases in West Virginia. In 1982, Taylor and his colleagues organized a group of clients to travel to Washington, D.C. in order to attend the Black …

Keeping Lions, Tigers, And Bears (Oh My!) In Check: The State Of Exotic Pet Regulation In The Wake Of The Zanesville, Ohio Massacre, Christopher M. Lucca

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Toxic "Plain Meaning" And "Moonshadow": Supreme Court Unanimity And Unexpected Consequences, Steven Ferrey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

An Undercurrent Of Discontent: The Chesapeake Bay Total Maximum Daily Load And Its Impact On Bay Industries, Annabelle Klopman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Who "Shale" Regulate The Fracking Industry?, Stephanie Scott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia

Articles

Hydraulic fracturing—also known as fracking—has become increasingly controversial in the United States over the past several years, especially in states such as Michigan with large shale gas deposits that were previously unextractable. In 2012, a Michigan fracking ban initiative failed to make it onto the November statewide ballot, but citizens groups are presently collecting signatures in an attempt to get the initiative onto the November 2014 ballot as an “initiated state statute.” And, more recently, state auctions of drilling permits have been the scenes of citizen protests driven by concerns about the potential environmental impacts of hydraulic fracturing.

Improving Water Quality Antidegradation Policies, Sandra B. Zellmer, Robert L. Glicksman

Faculty Law Review Articles

No abstract provided.

The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Multiple government and health organizations recommend the use of warm or hot water in publications designed to educate the public on best practices for washing one’s hands. This is despite research suggesting that the use of an elevated water temperature does not improve handwashing efficacy, but can cause hand irritation. There is reason to believe that the perception that warm or hot water is more effective at cleaning one’s hands is pervasive, and may be one factor that is driving up unnecessary energy consumption and greenhouse gas emissions. We examine handwashing practices and beliefs about water temperature using a survey …

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …

Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …

Scattered And Dissonant: The Clean Air Act, Greenhouse Gases, And Implications For The Oil And Gas Industry, Alex Ritchie

Faculty Scholarship

In the midst of a domestic oil and gas production revolution, the Environmental Protection Agency (EPA) has constructed a web of findings and regulations to control greenhouse gas (GHG) emissions from stationary sources under the auspices of the Clean Air Act. This Article explores the theoretical and practical implications for the oil and gas industry of EPA’s Clean Air Act GHG regulatory regime that, in light of congressional paralysis, will continue to expand beyond major new and modified oil and gas facilities such as refineries and natural gas processing plants. Future rulemakings directly aimed at the oil and gas industry …

Law And Lawyers In The Incident Command System, Clifford J. Villa

Faculty Scholarship

ICS is a “management system designed to enable effective, efficient incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure.” Through the use of standardized positions (e.g., incident commander), common terminology (e.g., incident command post), and consistent management philosophies (e.g., unity of command), ICS seeks to facilitate the rapid integration of personnel from different agencies and entities into one organization to meet a common objective.

The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

A reflection on the past, present and future of environmental law in this 20th Anniversary Edition offers an opportunity to revisit the Endangered Species Act, particularly the Northern Rocky Mountain States federal wolf reintroduction program. Environmental programs that depend on public support for their effectiveness are problematic when the government fails to understand and compensate for this fact. This essay explores the proposition that the federal government's failure to anticipate and respond to the negative reaction of people adversely affected by proposed solutions to environmental problems is contributing to a lack of progress despite great strides in our scientific understanding. …

Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Whales capture the public's imagination like no other wild animal. They have played a central role in "the social construction of modern ecological thought." Indeed, the survival of whales has been a symbol of the environmental movement since the latter quarter of the twentieth century, when the "slogan 'save the whales' was a call to arms to save the planet from humanity's folly. " Stories about whale conservation implicate cultural clashes, interspecies morality, and global politics. They offer lessons in how not to manage a natural resource, and simultaneously show how both governmental and individual activism can overcome this mismanagement …

Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff

Publications

Three hours west of Phoenix, Arizona, the Colorado River Indian Tribes (“CRIT”), a federally recognized tribe that includes over 3,700 enrolled members of Mohave, Chemehuevi, Navajo, and Hopi descent, occupies a reservation nearly 300,000 acres in size. The CRIT was one of five tribes to have its water rights confirmed in the landmark case of Arizona v. California, and therefore has senior rights to 719,248 acre-feet of Colorado River water, nearly one-third of Arizona’s allocation. How the CRIT came to be a single federally recognized tribe composed of members from four indigenous peoples located on lands that were a fraction …

Rethinking Sustainability To Meet The Climate Change Challenge, Sarah Krakoff

Publications

A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …

Learning How To Fish: Catch Shares And The Future Of Fishery Conservation, Jonathan H. Adler, Nathaniel Stewart

Faculty Publications

The hard choices being made in an effort to save the Atlantic cod fishery today are all too common, as policymakers continue to employ and rely upon failed conservation policies, leaving fisheries the world over poorly managed and under stress. By some measures, a majority of exploited fisheries are depleted or in decline. Even more troubling, new research suggests that those fisheries about which scientists know the least may be in the worst shape. Yet all is not lost—perhaps not even for the great Atlantic cod. These same assessments conclude that, with proper management, fishery yields could double while remaining …

Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill

American Indian Law Review

No abstract provided.

Climate Change Action Without Congress, Michael B. Gerrard

Faculty Scholarship

Congress has not enacted major environmental legislation since 1990, and no end to the paralysis is in sight. Nonetheless, there is a great deal that the Obama Administration can do with its existing statutory powers to fight climate change.

Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann

Other Publications

Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …