Environmental Law Commons^™

Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone

Pepperdine Law Review

No abstract provided.

Bringing A Complaint Under The Nafta Environmental Side Accord: Difficult Steps Under A Procedural Paper Tiger, But Movement In The Right Direction, Michael J. Kelly

Pepperdine Law Review

No abstract provided.

Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum

Pepperdine Law Review

No abstract provided.

Energy Ratings Hit Commercial Real Estate - California Lights The Way, Jonathan Cahill

The Journal of Business, Entrepreneurship & the Law

The Energy Star Program has been extremely successful for consumer appliances and electronics, but can this success translate to commercial real estate? In the United States, commercial buildings account for nearly nineteen percent of energy-related carbon dioxide emissions. Consequently, energy rating of buildings has become an increasingly attractive way to combat pollution and lower energy consumption. Despite this, the United States does not yet have a federal policy requiring energy usage disclosure for buildings. This has left state and local governments to lead the way in innovative and effective reporting regimes. California's response to this regulatory vacuum is Assembly Bill …

Preserving Legal Avenues For Climate Justice In Florida Post-American Electric Power, Allison Fishman

Florida Law Review

No abstract provided.

Adapting Laws For A Changing World: A Systemic Approach To Climate Change Adaptation, Victor B. Flatt

Florida Law Review

This Essay suggests that policy responses in climate change adaptation must be addressed and that focusing on adapting laws may be a good way to undertake this work. Following a review of existing scholarship and normative theories concerning law generally, environmental law, climate change, and adaptation, this Essay then proposes a template for approaching the adaptation of laws. This template would (1) examine where climate change puts pressure on the operation of laws; (2) seek to alter the implementation of that law or to alter the law itself to hew closely to the law’s original purposes; and (3) make these …

Critical Habitat And The Challenge Of Regulating Small Harms, Dave Owen

Florida Law Review

This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act’s prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law’s most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification …

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Florida Law Review

Local food, local work, local energy production-all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article’s centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …

Balancing Compassion And Risk In Climate Adaptation: U.S. Water, Drought, And Agricultural Law, Robert W. Adler

Florida Law Review

It is inevitable that the world will experience a significant amount of global warming before efforts to mitigate the buildup of greenhouse gases (GHGs) in the atmosphere can even begin to succeed. Therefore, adaptation to climate change impacts, as well as mitigation, will be necessary to deal with climate disruption. In designing climate change adaptation efforts, a looming issue is how to balance the need and compassionate impulse to provide financial and other relief to victims of climate disruption impacts with the equally compelling need to reduce the overall risk of those impacts. U.S. water, drought, and agricultural law and …

An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl

Florida Law Review

With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special issue of the Florida Law Review demonstrate, EPA is not the only important player in the climate arena; indeed, as I will reluctantly suggest, the Agency’s efforts here appear to be waning rather than waxing. Even so, before turning to other aspects of the problem of climate change, discussed in other works in …

Introduction: Climate Change At Epa, Lisa Heinzerling

Florida Law Review

With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special issue of the Florida Law Review demonstrate, EPA is not the only important player in the climate arena; indeed, as I will reluctantly suggest, the Agency’s efforts here appear to be waning rather than waxing. Even so, before turning to other aspects of the problem of climate change, discussed in other works in …

Historic Wetland Signature Determination Using Esri Arcgis To Correlate Spectral Signature To Lidar In Relation To Hydrologic Change Within The Lower Santee River Watershed To Help Support Litigation Involving Riverine Flooding In Federal Cases 2:93-3077-23, 2:97-0673-23, & 2:03-0934-23, Stephen G. Williams, Steven G. Strickland, J Edward Bell

S.C. Water Resources Conference

2012 S.C. Water Resources Conference - Exploring Opportunities for Collaborative Water Research, Policy and Management

Environmental Law At Maryland, No. 34, Fall 2012

Environmental Law at Maryland

No abstract provided.

Sustainable Water Management On Brownfields Sites, Ryan Fenwick, New England Environmental Finance Center

Sustainable Communities Capacity Building

This practice guide was developed by the Environmental Finance Center Network (EFCN) through the Capacity Building for Sustainable Communities program funded by the US Department of Housing and Urban Development and the US Environmental Protection Agency. Through a cooperative agreement with HUD, EFCN is providing capacity building and technical assistance to recipients of grants from the federal Partnership for Sustainable Communities, an interagency collaboration that aims to help towns, cities, and regions develop in more economically, environmentally, and socially sustainable ways.

Environmental And Energy Law Perspectives: Fall 2012, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

Drinking Water Resource Directory, New England Environmental Finance Center

Sustainable Communities Capacity Building

This document is intended to help local and regional planning agencies, and their constituent water utilities, integrate drinking water infrastructure planning and investments into plans for sustainable development. Resources listed here provide guidance on making land use decisions that protect water resources, setting adequate and sustainable drinking water rates, controlling water loss, funding water infrastructure projects, and managing water utilities.

The directory was developed by the Environmental Finance Center Network through the Capacity Building for Sustainable Communities program funded by the U.S. Department of Housing and Urban Development and the Environmental Protection Agency. Through this program, EFCN is providing capacity …

Groundwater In New Mexico, Darcy Bushnell

Publications

No abstract provided.

Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law

Publications

No abstract provided.

Cows, Congress, And Climate Change: Authority And Responsibility For Federal Agencies To End Grazing On Public Lands, Marya Torrez

Celebrating WCL Student Authors

No abstract provided.

Insurance Against Catastrophe: Government Stimulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt

Duke Environmental Law & Policy Forum

No abstract provided.

Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson

Indiana Law Journal

Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations—a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship …

Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein

Faculty Scholarship

Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region.

In the absence of national governmental interests and involvement on either side of the frontier, …

Complex And Murky Spatial Planning, Josh Eagle

Faculty Publications

No abstract provided.

Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber

Duke Environmental Law & Policy Forum

No abstract provided.

Disaster Justice: The Geography Of Human Capability, Robert R.M. Verchick

Duke Environmental Law & Policy Forum

No abstract provided.

Disaster Mythology And Availability Cascades, Lisa Grow Sun

Duke Environmental Law & Policy Forum

No abstract provided.

The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor

Duke Environmental Law & Policy Forum

No abstract provided.

United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.

Warning: May Cause Warming, Marcy N. Moody

Vanderbilt Law Review

Browsing the aisles of her local grocery store, a shopper may come across a dusty unmarked bin with carrots in it. She may see a shelf of brightly colored cereal boxes touting their contents' health benefits. Elsewhere in the store may be an iced container of sustainable shrimp from Thailand with a circled blue checkmark next to it. Perhaps there are local leeks, organic okra, or eggs from free- ranging chickens. The shopper may select the cereal on the basis of its health claims, the shrimp on the basis of its environmental friendliness, or maybe just the carrot because she …