Environmental Law Commons^™

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

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

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Emerging Law Addressing Climate Change And Water, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

The World Economic Forum recognizes that while restrictions on energy affect water systems and vise versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Transcript of panel discussion at McGill University, March 26, 2010. This piece is based on the article Elizabeth Burleson & Diana Pei Wu, Non-State Actor Access and Influence in International Legal and Policy Negotiations, 21 Fordham Envtl. L. Rev. 193 (2010).

Bundling Public And Private Goods: The Market For Sustainable Organics, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Modern agriculture has vast environmental externalities. The pesticides, fertilizers, and sediments in irrigation runoff pollute surface and groundwater; single-crop farms destroy biodiversity; and massive amounts of fossil fuels are burned in agricultural production, post-harvest processing, and shipping. Nevertheless, farming operations have largely escaped the post-1970 expansion of federal environmental regulation. Compounding the problem, federal farm policy has encouraged the very farming practices that most cause this degradation.

In 1990, Congress passed the Organic Foods Production Act (OFPA), which created an organic food certification and labeling system. While OFPA's primary purposes are to facilitate the growth of the organic sector and …

The Epa’S Proposed Transport Rule: Implications For Climate Change Regulation, Jessica A. Wentz

Sabin Center for Climate Change Law

On July 6, 2010, the U.S. Environmental Protection Agency (EPA) proposed a Clean Air Act rulemaking to reduce sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from power plants in the eastern United States. If it survives legal scrutiny, the rule will impose a hybrid cap-and-trade program with state-specific SO2 and NOx emission budgets and limited interstate trading. This paper discusses the rule's requirements, how it compares to its predecessor (the Clean Air Interstate Act), the projected impact on air quality and public health, and implications for future climate change policy.

What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson

Articles & Book Chapters

This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …

Eleventh Annual Grotius Lecture Series: Focusing On The Good Or The Bad: What Can International Environmental Law Do To Accelerate The Transition Towards A Green Economy? , Achim Steiner

American University International Law Review

No abstract provided.

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.

Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long

Articles

No abstract provided.

Rainwater Recapture: Development Regulations Promoting Water Conservation, Julian C. Juergensmeyer

Faculty Publications By Year

The increasing need for water conservation in the eastern as well as western parts of the United States is focusing attention on rainwater recapture. The technology available is effective and relatively inexpensive. Using land development regulations to require or encourage new development to incorporate rainwater recapture facilities is one approach to alleviation of local water shortages.

Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes …

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy

Faculty Scholarship

Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …

Black Bear, Sierra Nevada, Richard Hurlburt

UC Law Environmental Journal

No abstract provided.

Seeing The Free Exercise Forest For The Trees: Nepa, Rfra, And Navajo Nation, Ruth Stoner Muzzin

UC Law Environmental Journal

No abstract provided.

Sedona - Backcountry, 2008, Angel Muzzin

UC Law Environmental Journal

No abstract provided.

Atop Mt. Roberts, Juneau, Alaska, Deborah P. Furth

UC Law Environmental Journal

No abstract provided.

Standing In The Way Of Cooperation: Citizen Standing And Compliance With Environmental Agreements, Neil Gormley

UC Law Environmental Journal

No abstract provided.

Tree Tops, Niki Baker

UC Law Environmental Journal

No abstract provided.

Mirror Lake, Fred Jay

UC Law Environmental Journal

No abstract provided.

The Klamath Hydroelectric Settlement Agreement: Federal Law, Local Compromise, And The Largest Dam Removal Project In History, David N. Allen

UC Law Environmental Journal

No abstract provided.

In Vino Veritas: Grapes, Greed, And Lawsuits In The Napa Valley, Jennifer Wells

UC Law Environmental Journal

No abstract provided.

Environmental Groups Challenging Offshore Drilling As Explained In Center For Biological Diversity V. United States Department Of The Interior, Katherine L. Huddleston

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws, Derek Leslie

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Communicating Climate Change: Strategies To Motivate The Agricultural Sector, Barclay Rogers

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?, John C. Becker, John H. Howard

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction, Anthony Cash

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.