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Articles 8611 - 8640 of 18444
Full-Text Articles in Environmental Law
Free Market Environmentalism: Desalination As A Solution To Limited Water Resources In Northern Chile's Mining Industry, Lindsay B. Masters
Free Market Environmentalism: Desalination As A Solution To Limited Water Resources In Northern Chile's Mining Industry, Lindsay B. Masters
Colorado Environmental Law Journal
No abstract provided.
Activism Is The New Black! Demonstrating The Benefits Of International Celebrity Activism Through James Cameron's Campaign Against The Belo Monte Dam, Jacquelyn Amour Jampolsky
Activism Is The New Black! Demonstrating The Benefits Of International Celebrity Activism Through James Cameron's Campaign Against The Belo Monte Dam, Jacquelyn Amour Jampolsky
Colorado Environmental Law Journal
No abstract provided.
Home Sweet Home: How The 'Purpose Of The Reservation' Affects More Than Just The Quantity Of Indian Water Rights, Jessica Lowrey
Home Sweet Home: How The 'Purpose Of The Reservation' Affects More Than Just The Quantity Of Indian Water Rights, Jessica Lowrey
Colorado Environmental Law Journal
No abstract provided.
The North American Agreement On Environmental Cooperation: Has It Fulfilled Its Promises And Potential? An Empirical Study Of Policy, Linda J. Allen
The North American Agreement On Environmental Cooperation: Has It Fulfilled Its Promises And Potential? An Empirical Study Of Policy, Linda J. Allen
Colorado Environmental Law Journal
No abstract provided.
Climate Change, Sea Level Rise, And Artificial Islands: Saving The Maldives' Statehood And Maritime Claims Through The 'Constitution Of The Oceans', Michael Gagain
Colorado Environmental Law Journal
No abstract provided.
Mobilizing The Public Trust Doctrine In Support Of Publicly Owned Forests As Carbon Dioxide Sinks In India And The United States, Paul A. Barresi
Mobilizing The Public Trust Doctrine In Support Of Publicly Owned Forests As Carbon Dioxide Sinks In India And The United States, Paul A. Barresi
Colorado Environmental Law Journal
No abstract provided.
The Limits Of International Environmental Law: Military Necessity V. Conservation, Alexander Gillespie
The Limits Of International Environmental Law: Military Necessity V. Conservation, Alexander Gillespie
Colorado Environmental Law Journal
No abstract provided.
Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent, Robert H. Abrams, Noah D. Hall, Zygmunt J B Plater
Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent, Robert H. Abrams, Noah D. Hall, Zygmunt J B Plater
Amicus Briefs
Arkansas Game & Fish Commission v. United States of America, on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit.: Brief of Professor Robert H. Abrams and Professors of law teaching in the property law and water rights fields as Amici Curiae in support of Respondent
Assembling An Experimentalist Regime: Transnational Governance Interactions In The Forest Sector, Christine Overdevest, Jonathan Zeitlin
Assembling An Experimentalist Regime: Transnational Governance Interactions In The Forest Sector, Christine Overdevest, Jonathan Zeitlin
Transnational Business Governance Interactions Working Papers
Transnational governance initiatives increasingly face the problem of regime complexity in which a proliferation of regulatory schemes operate in the same policy domain, supported by varying combinations of public and private actors. The literature suggests that such regime complexity can lead to forum-shopping and other self-interested strategies which undermine the effectiveness of transnational regulation. Based on the design principles of experimentalist governance, this paper identifies a variety of pathways and mechanisms which promote productive interactions in regime complexes. We use the case of the EU's Forest Law Enforcement Governance and Trade (FLEGT) initiative, interacting with private certification schemes and public …
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman
Nebraska College of Law: Faculty Publications
The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux
Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools, Warren G. Lavey
Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools, Warren G. Lavey
Washington and Lee Journal of Energy, Climate, and the Environment
Increased energy efficiency confers many economic, environmental, and public health benefits but is handicapped in the United States by energy prices which fail to reflect damaging emissions from most energy production. Under market prices, standard lifecycle financial analysis of potential investments leads businesses and households to improve their energy efficiency in many ways. However, pursuing environmental sustainability and enhanced public health requires heightened awareness, stronger incentives, and more actions. Many religious congregations, health care providers, and schools recognize that improving energy efficiency and reducing related emissions serve their missions. Many organizations in these mission-driven sectors have undertaken far-reaching commitments to …
Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth
Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth
Washington and Lee Journal of Energy, Climate, and the Environment
The paper explains the importance of narrowing the gap between developed and developing countries’ perceptions of justice in the climate change context and analyzes the two main ethical claims raised by the developing countries, exposing their major weaknesses and strengths. It then offers the adoption of harmonized carbon taxes and the rejection of Kyoto’s cap-and-trade mitigation scheme, as a way to avoid inevitably unresolved ethical issues.
Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph
Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph
Washington and Lee Journal of Energy, Climate, and the Environment
Community knowledge (including traditional, local, and indigenous knowledge) has a role to play in government agency decisions regarding the environment and natural resources. This article considers the benefits of using community knowledge, as well as obstacles to collecting this knowledge and integrating it with Western science. The article further discusses how federal agencies in Alaska use community knowledge and laws that potentially affect this use (including the Data Quality Act). Finally, the article provides recommendations for agencies to consider in collecting and using community knowledge.
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Miriam A. Cherry, Judd F. Sneirson
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Miriam A. Cherry, Judd F. Sneirson
Washington and Lee Journal of Energy, Climate, and the Environment
As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Judd F. Sneirson
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Judd F. Sneirson
Articles
As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S, Bradford Mank
Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S, Bradford Mank
Faculty Articles and Other Publications
In American Bottom Conservancy v. U.S. Army Corps of Engineers, Judge Richard Posner of the Seventh Circuit questioned three different grounds articulated by the U.S. Supreme Court for the constitutional doctrine of standing in federal courts and instead argued that the “solidest grounds” for the doctrine of standing are “practical.” In part because of his self-described “pragmatic” approach to legal reasoning, Judge Posner’s maverick views may have led Republican presidents to pass him over for being nominated to the Supreme Court in favor of less brilliant but more predictable conservative judges. Judge Posner’s pragmatic or practical approach to standing …
Standing For Private Parties In Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation, Bradford Mank
Standing For Private Parties In Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation, Bradford Mank
Faculty Articles and Other Publications
This Article argues courts should apply a relatively liberal approach in deciding standing issues for private plaintiffs pursuing climate change suits even if courts ultimately conclude that it is inappropriate to grant relief on the merits to those same plaintiffs because the Supreme Court has clearly declared that standing is a preliminary question that should be treated separately from decisions on the merits and standing causation requires less proof than proximate causation on the merits. The Supreme Court in its 2007 decision in Massachusetts v. EPA held that a state had standing under Article III of the U.S. Constitution to …
Standing In Monsanto Co. V. Geertson Seed Farms: Using Economic Injury As A Basis For Standing When Environmental Harm Is Difficult To Prove, Bradford Mank
Faculty Articles and Other Publications
Many of the Supreme Court’s important standing cases have involved environmental disputes. Most recently, in 2010, the Court again addressed standing in an environmental dispute, Monsanto Co. v. Geertson Seed Farms. In Monsanto, the Court did not announce a new standing doctrine. Nevertheless, the Court recognized that an environmental plaintiff may sue without proof of actual environmental harm if it can demonstrate that he or she may suffer economic losses from testing and mitigation measures related to a threatened harm. During the oral argument in Monsanto, Justice Scalia expressed skepticism that the plaintiffs could prove that the …
Our Generation's Sputnik Moment: Regulating Energy Innovation, Joseph P. Tomain
Our Generation's Sputnik Moment: Regulating Energy Innovation, Joseph P. Tomain
Faculty Articles and Other Publications
In his 2011 State of the Union Address, President Obama stressed the necessity of innovation as the key to unlocking our economic future. More pointedly, he stated that now is "our generation's Sputnik moment." Just as the United States responded to national security threats posed by a cold war Russia, today we must respond to threats to our economy and our environment, as well as to our national security, posed by an oil addiction that we have not been able to break for over half a century. The intertwined needs to provide sufficient energy, environmental protection, and a vibrant economy …
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble
Articles
Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …
The Right Of Nonuse, Jan G. Laitos
The Right Of Nonuse, Jan G. Laitos
Sturm College of Law: Faculty Scholarship
The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It reexamines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue …