Environmental Law Commons^™

Climate Change And Institutional Competence, Mark Squillace

Publications

No abstract provided.

Ways Of Seeing In Environmental Law: How Deforestation Became An Object Of Climate Governance, William Boyd

Publications

Few areas of law are as deeply implicated with science and technology as environmental law, yet we have only a cursory understanding of how science and technology shape the field. Environmental law, it seems, has lost sight of the constitutive role that science and technology play in fashioning the problems that it targets for regulation. Too often, the study and practice of environmental law and governance take the object of governance--be it climate change, water pollution, biodiversity, or deforestation--as self-evident, natural, and fully-formed without recognizing the significant scientific and technological investments that go into making such objects and the manner …

Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber

Kentucky Law Journal

No abstract provided.

The Clean Air Act Is In No Shape To Be Celebrated, David Schoenbrod

Other Publications

No abstract provided.

The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. 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 …

The Art And Craft Of International Environmental Law, Daniel M. Bodansky

Scholarly Works

International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two decades of experience as a government negotiator, consultant, and academic, Daniel Bodansky brings a real-world perspective on the processes by which international environmental law develops, and influences the behavior of state and non-state actors.

In self-contained chapters that offer a clear guide to a complex field, Bodansky answers fundamental questions about how international environmental law works. What role can law play in addressing global environmental challenges such as climate …

Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder

Faculty Scholarship

This paper is a draft of a chapter for a forthcoming book, Research Handbook in Public Law and Public Choice, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Elgar. It reviews the public choice literature on environmental policy making, first generally and then with respect to four fundamental environmental policy questions: (1) whether or not government action is warranted; (2) if it is, the scope and stringency of the government action, including the manner in which a bureaucracy will implement and enforce any statutory standards; (3) the level of government that assumes responsibility; and (4) the …

Reinventing Fire: Making Energy Efficiency A Reality, Noah M. Sachs

Law Faculty Publications

Professor Sachs recounts his visit to Colorado's Rocky Mountain Institute, a model of energy efficiency and sustainable design, in a larger discussion about the benefits of these practices both in new and existing structures.

Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Endangered Species Act, Kalyani Robbins

Faculty Publications

There has been long-term confusion among courts, agencies, developers, and environmental organizations regarding the legal, environmental, and economic impacts of designating critical habitat for species listed as threatened or endangered under the ESA. At the heart of this difficulty has been a need to understand the degree to which the protections for critical habitat can be distinguished from those for listed species generally. Critical habitat is primarily protected via section 7’s requirement that federal agencies consult with the Fish & Wildlife Service and the National Marine Fisheries Service to determine whether a proposed federal action either jeopardizes a listed species …

Participatory Planning For A Promised Land: Citizen-Led, Comprehensive Land Use Planning In New York’S Adirondack Park, Ann Hope Ruzow Holland

Antioch University Dissertations & Theses

New York’s Adirondack Park is internationally recognized for its biological diversity. Greater in size than Yellowstone, Everglades, Glacier, and Grand Canyon National Park combined, the Adirondacks are the largest protected area within the Northern Appalachian/Acadian Eco-Region and within the contiguous United States. Ecologists, residents of the Park, and others are concerned about rapid land use change occurring within the borders of the Park. Almost half of the six million acres encompassed by the Park boundary is privately-owned, where 80% of land use decisions fall within the jurisdiction of local governments. The comprehensive planning process of one such local government, the …

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.

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

Human Rights Brief

No abstract provided.

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers

Richmond Journal of Global Law & Business

Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War. The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work to ongoing bases. The federal government can also make money by selling the land of former military bases to surrounding communities or private companies.

Rethinking Environmental Contracting, Natasha Affolder

All Faculty Publications

Environmental contracts occupy an ill-defined middle ground between command and control regulation and voluntary initiatives. These agreements have captured the imagination of policymakers and scholars in the U.S. and Europe in particular. They are heralded as promising examples of “new governance.” This Article explores a little known example of environmental contracting which emerged in the context of a Canadian diamond mine — the Ekati Environmental Agreement. Through a fine-grained case study of the Ekati Agreement, this article challenges some of the assumptions that shape the “environmental contracting literature as well as the wider literature on “new governance.” By debunking the …

The Market For Treaties, Natasha Affolder

All Faculty Publications

Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, …

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.

V.2, 2010 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister

San Diego Journal of Climate & Energy Law

This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

San Diego Journal of Climate & Energy Law

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan

San Diego Journal of Climate & Energy Law

As part of the University of San Diego Law School’s Second Annual Climate and Energy Law Symposium, we decided to review the enforcement provisions of the main federal greenhouse gas control options, with a view to drawing lessons from that review that could inform policy choices and program design. Our review suggests that there are relative strengths and weaknesses, as well important tradeoffs to be made, in the enforcement provisions of each of the leading candidate programs. Our review further suggests that some revisions should be made to these provisions to help ensure that the greenhouse gas control programs meet …

How To Love The One You're With: Changing Tax Policy To Fit Cap-And-Trade, Roberta Mann

San Diego Journal of Climate & Energy Law

This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument …

An Environmental Competition Statute, David M. Driesen

San Diego Journal of Climate & Energy Law

The next generation of environmental law should use economic incentives to creatively stimulate innovation in environmental technology. This Article proposes an environmental competition statute as a means of stimulating movement toward a more sustainable future. Such a statute would authorize those who achieve low emissions to collect the cost of achieving low emissions plus a premium from competitors with higher emissions.

This Article briefly explains the value of using this mechanism. It then canvasses the problems with the first and second generation of environmental law that an environmental competition statute can help us overcome. A detailed description of an environmental …

The Effects Of Brazilian Agricultural Property Policies And International Pressures On The Soybean Industry: Incentives For Amazon Deforestation And How It May Be Reduced, Tyler E. Hazen

San Diego Journal of Climate & Energy Law

This Article begins in Part II with an overview of the Amazonian environment and the rise of soybeans as a lucrative export product. Part III discusses how Brazilian property law and land use culture has facilitated transformation of land for cultivation and ultimately, deforestation. Part IV discusses international reaction to Brazil’s sovereignty over the Amazon, including European import practices such as protectionism, desire for hormone-free products, as well as market incentives for soy raised on land that was not deforested. Finally, Part V offers solutions for working within the current system, aggressively supporting the policies against deforestation while respecting the …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

La Responsabilidad Por Daño Ambiental Global Y La Evolución En Las Relaciones Entre El Derecho Público Y Privado [Liability For Global Environmental Harm And The Evolving Relationship Between Public And Private Law], Robert V. Percival

Faculty Scholarship

No abstract provided.

Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival

Faculty Scholarship

Environmental law and policy are undergoing rapid change at the global, national, and even local levels. The nations of the world continue to struggle to develop an effective global response to climate change. Transboundary pollution and resource management problems command regional attention even as nations work to upgrade their own environmental standards and their energy, transportation, and land use policies. Surprising environmental initiatives are emerging even from state and local governments.

In my previous work I have argued that globalization is affecting law and legal systems throughout the world in profound new ways. See Robert V. Percival, The Globalization of …

Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye

Vanderbilt Journal of Transnational Law

In recent decades, the world's various fisheries have seen a number of problems, primarily depletion of fish stocks due to overfishing. While the UN has created some soft law, including sustainable fishing standards, to deal with the problem of fisheries depletion, no binding international laws currently exist. Several entities have decided to deal with the problem on their own, through eco-labeling programs. The Marine Stewardship Council, a private entity not directly affiliated with the government of any country, has created such a program. In addition, some governments have created similar programs, including Japan through its Marine Eco-Label Japan program. While …

Legal Techniques For Dealing With Scientific Uncertainty In Environmental Law, Jorge E. Vinuales

Vanderbilt Journal of Transnational Law

This Article analyzes how scientific uncertainty is handled in international environmental law. It identifies ten legal techniques used for this purpose (i.e., precautionary reasoning; framework-protocol approach; advisory scientific bodies; law-making by treaty bodies; managerial approaches to compliance; prior informed consent; environmental impact assessment and monitoring; provisional measures; evidence; and facilitated liability) and links them to four different stages of development of environmental regimes (i.e., advocacy, design, implementation, and reparation). These techniques are illustrated by reference to some fifteen environmental treaties and other instruments as well as through a detailed case study focusing on the climate change regime.