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Articles 9631 - 9660 of 18448
Full-Text Articles in Environmental Law
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
The Modern American
No abstract provided.
Climate Change Law In And Over Time, Richard J. Lazarus
Climate Change Law In And Over Time, Richard J. Lazarus
San Diego Journal of Climate & Energy Law
The critical lesson for climate change legislation is that the pending lawmaking moment must include the enactment of provisions specifically designed to maintain the legislation’s ability to achieve its long-term objectives over the longer term. For climate change legislation to be successful, the new legal framework must simultaneously be flexible in certain respects and steadfast in others. Flexibility is necessary to allow for the modification of legal requirements over time in light of new information. Steadfastness or “stickiness” is important to maintain the stability of a law’s requirements over time. The need for both is particularly great for climate change …
Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster
Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster
Faculty Scholarship
This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
UIC Law Review
No abstract provided.
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
UIC Law Review
No abstract provided.
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
Washington International Law Journal
Marine transport is an efficient and cost-effective way to transport goods around the world; at least ninety percent of all global trade is served by the shipping industry and shipping trade is expected to triple in the next two decades. However, because of the poor quality of the fuel used by the shipping industry, ocean-going ships disproportionately impact the environment and human health. The shipping industry is presently estimated to generate almost thirty percent of the world’s smog-forming nitrogen oxide emissions and nearly ten percent of sulfur dioxide emissions that cause acid rain and deadly fine particles. The Pearl River …
Rainforest Chernobyl Revisited: The Clash Of Human Rights And Bit Investor Claims: Chevron's Abusive Litigation In Ecuador's Amazon, Steven Donzinger, Laura Garr, Aaron Marr Page
Rainforest Chernobyl Revisited: The Clash Of Human Rights And Bit Investor Claims: Chevron's Abusive Litigation In Ecuador's Amazon, Steven Donzinger, Laura Garr, Aaron Marr Page
Human Rights Brief
No abstract provided.
The La Oroya Case: The Relationship Between Environmental Degradation And Human Rights Violations, Paula Spieler
The La Oroya Case: The Relationship Between Environmental Degradation And Human Rights Violations, Paula Spieler
Human Rights Brief
No abstract provided.
Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.
Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle
Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle
Villanova Environmental Law Journal (1991 - )
No abstract provided.
It's Getting Hot In Here, So Take Away All The Arctic's Resources: A Look At Melting Arctic And The Hot Competition For Its Resources, Andrew Van Wagner
It's Getting Hot In Here, So Take Away All The Arctic's Resources: A Look At Melting Arctic And The Hot Competition For Its Resources, Andrew Van Wagner
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen
The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Regulatory Adaptation In Fractured Appalachia, Hannah Wiseman
Regulatory Adaptation In Fractured Appalachia, Hannah Wiseman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
King Of The Hill: Ohio Valley Environmental Coalition V. Aracoma Coal Company And The Battle Raging Between The Coal Industry And Environmentalists Over Mountaintop Mining, Michael Braverman
King Of The Hill: Ohio Valley Environmental Coalition V. Aracoma Coal Company And The Battle Raging Between The Coal Industry And Environmentalists Over Mountaintop Mining, Michael Braverman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives, Paul Liebeskind
It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives, Paul Liebeskind
Villanova Environmental Law Journal (1991 - )
No abstract provided.
U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis
U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pdg Land Development, Inc. V. Commonwealth Of Pennsylvania Department Of Environmental Protection: Pennsylvania's Environmental Hearing Board Declares All Streams Are Created Equal, Heather Garleb
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Maryland Journal of International Law
No abstract provided.
The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson
The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson
Maryland Journal of International Law
No abstract provided.
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Maryland Journal of International Law
No abstract provided.
From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée
From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée
Maryland Journal of International Law
No abstract provided.
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Cleveland State Law Review
The Article examines three pathways recently followed by tribes and Native communities in seeking protection of their rights to valued subsistence resources focusing on the legal principles and theories on which they have relied, including treaty rights, environmental law, tribal sovereignty, and international human rights law, as they have followed their different pathways.
Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn
Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …
Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan
Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
There is a some consensus among economists, environmentalists, and politicians that some form of “cap and trade’ program is the appropriate regulatory mechanism to achieve the greenhouse gas emissions reductions necessary to avoid disastrous global climate disruptions. “Cap and trade” programs necessarily incorporate tradable emissions rights – essentially tradable rights to pollute. As such, they run into principled objection by some environmentalists who oppose the notion of creating economic rights in the global commons – essentially the “right to pollute.” This principled objection derives doctrinal support from the public trust doctrine – the ancient notion rooted in common law and …
The Law Of Sustainable Development: Keeping Pace, John R. Nolon
The Law Of Sustainable Development: Keeping Pace, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article describes the emerging field of sustainable development law and examines whether it is up to the challenge it faces. In a world of finite resources overrun by sprawl, threatened by climate change, short on fuel, and long on greenhouse gas emissions, the law must keep pace. After discussing what sustainable development law is, the article considers the relationship between change in society and the evolution of legal principles, strategies, and practices, particularly with respect to land use, property, and natural resources. Documented in this review is the steady change exhibited in the common law applicable to the ownership, …
Success Or Failure?, Richard L. Ottinger
Success Or Failure?, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
The Copenhagen Climate Conference and its Copenhagen Accord have generally been billed by the press as having been a failure. I think this is a very unfortunate mischaracterisation. The conference was a failure only in not achieving binding commitments to reduce global greenhouse gas (GHG) emission levels sufficiently to meet the requirements identified by the some 3,000 leading global scientists of the UN International Panel on Climate Change (IPCC) to avoid disastrous consequences – such as sea-level rise leading to massive migration, food disruption, water shortages, tropical disease migration, biodiversity destruction, etc. But the conference didn’t expect that this could …
Human Rights Implications For The Climate Negotiations, David Hunter
Human Rights Implications For The Climate Negotiations, David Hunter
Scholarly Articles in Law Reviews & Journals
Symposium: The Confluence of Human Rights and the Environment INTRODUCTION: According to John Holdren, the Science Advisor to President Obama, humanity can only respond to climate change in three ways. We can mitigate climate change, for example by reducing greenhouse gas emissions; we can adapt to climate change, for example by defending our coastlines; or we can suffer from climate change. Given current emission levels and projected climate change impacts, we are inevitably going to do some of all three. A human rights approach, the subject of this Article, puts the focus on those who will suffer from climate change, …
Understanding Cercla Through Webster's New World Dictionary And State Common Law: Forestalling The Federalization Of Property Law, Shelby D. Green
Understanding Cercla Through Webster's New World Dictionary And State Common Law: Forestalling The Federalization Of Property Law, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") was hastily enacted in 1980 in the wake of the Love Canal disaster, where vast amounts of toxic wastes were found buried beneath a residential community. The contours of this legislation, though comprehensive in its outward scope, have been difficult to discern, largely as a consequence of vague and confusing expression. Though often the first tool resorted to for interpretation is the dictionary, the courts have looked beyond the literal terms, in an effort to determine the intended and sensible limits, consistent with both the congressional aim to reach broad categories …
Climate Change Displacement To Refuge, Elizabeth Burleson
Climate Change Displacement To Refuge, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.