Environmental Law Commons^™

Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited

12 slides

Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Bart Miller, Western Resource Advocates, Boulder, CO

13 slides

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara

60 slides

Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: William R. Travis, Department of Geography, Center for Science & Technology Policy Research, CIRES, University of Colorado at Boulder

30 slides

When The Clean Air Act Fails A Public Nuisance May Help. North Carolina Ex Rel. Cooper V. Tennessee Valley Authority, Kevin Dothager

Journal of Environmental and Sustainability Law

No abstract provided.

Past Is Prologue: Recent Carbon Regulation Disputes In Europe Shape The U.S. Carbon Future , Cameron Ferrey, Steven Ferrey

Journal of Environmental and Sustainability Law

No abstract provided.

Plain Language Interpretation Gone Awry: The New Paradigm Of Pesticides, Water Pollution, And The Inefficient, Ineffective Overlap Of Statutory Schemes. National Cotton Council Of America V. Epa, Michael C. Risberg

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

A Whale Of A Tale: The Supreme Court Sets A New Trend Favoring National Security Over Environmental Concerns. Winter V. Nrdc, Brian Schierding

Journal of Environmental and Sustainability Law

No abstract provided.

Greater Protection: Missouri Says No To Possible Asbestos Contamination Due To Neshap And Possible Rcra Violations. Families For Asbestos Compliance, Testing And Safety V. City Of St. Louis, Missouri, Erin P. Seele

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.

No Reason To Wait: Reducing Greenhouse Gas Emissions Through The Clean Air Act, William Snape

Newsletters & Other Publications

In the United States, the legal and policy response to global warming has always lagged far behind the urgency of the problem as articulated by scientists and borne out in the real world. In the past five years, this mismatch has reached frightening proportions, with Arctic sea ice and glaciers rapidly retreating, rising and acidifying seas, stronger storms, more frequent and intense droughts and heat waves, looming species extinction and the climate related-deaths of 300,000 people each year. Leading scientists warn that atmospheric carbon dioxide levels have likely already exceeded safe levels and must therefore be reduced in the next …

2009 Judges' Edition Memorandum, Taryn L. Rucinski

Pace Environmental Law Review

No abstract provided.

2009 Moot Court Problem, Caroline Blanco, Sherry Hutt, Gary Nurkin, David Tarler, Ole Varmer

Pace Environmental Law Review

No abstract provided.

The Regulation Of Greenhouse Gas Emissions By New York State From A Legal Perspective: Is A Tax Or Market-Based System Optimal?, Christopher Aung

Pace Law Review

No abstract provided.

Best Brief: The Kingdom Of Spain, Joseph Mathews, Wei Xiang

Pace Environmental Law Review

No abstract provided.

The Devaluation Of Life, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The US Environmental Protection Agency (EPA) has been the target of two recent controversies involving the devaluation of life: the 2003 use of a senior discount for the value of statistical life for people over age 65, and the 2008 downward reassessment of the value of statistical life by the EPA Air Office. Even though these new values of statistical life were still among the highest used in the Federal government, there was a strong negative public reaction to each. The public outcry over the EPA policies appears to have stemmed from an irrational response to decreases in the value …

Best Brief: The United States Of America, Gabrielle Janssens, Michael Minkler, Monica Bauman

Pace Environmental Law Review

No abstract provided.

David Sive Award Best Brief Overall: Galleon Enterprises, Inc., Sarah Williams, Elizabeth Pletan, Matt Riley

Pace Environmental Law Review

No abstract provided.

Dairies In New Mexico: The Environmental Implications Of A New Industry, Denise D. Fort, Anthony Edwards

Faculty Scholarship

The dairy industry, at first blush, might seem to be an odd growth industry for New Mexico, but the last decade has seen an extraordinary expansion of the industry in the state. The presence of the industry has consequences for the state in several domains, including water quantity and water quality, as well as economics, animal welfare and state finances. This article is an attempt to characterize these implications for water policy and to solicit insights from those who are familiar with the industry.

Environmental Law And Global Climate Change., Howard Bromberg

Book Chapters

Contribution by Howard J. Bromberg to Encyclopedia of Global Warming

Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard

Working Paper Series

This Article examines the classification of the law into legal fields, first generally and then by specific examination of the field of environmental law. We classify the law into fields to find and to create patterns, which render the law coherent and understandable. A legal field is a group of situations unified by a pattern or set of patterns that is both common and distinctive to the field. We can conceptualize a legal field as the interaction of four underlying constitutive dimensions of the field: (1) a factual context that gives rise to (2) certain policy tradeoffs, which are in …

Strategic Idealizations Of Science To Oppose Environmenal Regulation: A Case Study Of Five Tmdl Controversies, David S. Caudill, Donald E. Curley

Working Paper Series

Proponents of environmental regulation have catalogued various strategies used by takeholders to delay or weaken regulatory efforts, including (1) manufacturing or magnifying uncertainty; (2) demanding “sound science” (and thereby imposing unreasonable standards of evidence); and (3) data quality initiatives that permit deconstruction of credible studies by highlighting inevitable assumptions, funding sources, and areas for further research. Such strategies can be termed “idealizations” of science insofar as they rely on an unrealistic image of good science as somehow capable of avoiding tentative conclusions, institutional interests, consensual assumptions, and the need for further research.

The question remains, however, when does an argument …

Tracer Studies Of Sheet Flow In The Florida Everglades, David T. Ho, Victor C. Engel, Evan A. Variano, Paul J. Schmieder, Madison Condon

Faculty Scholarship

Information on sheet flow patterns in the marsh ridge and slough habitat of the Florida Everglades is scarce, primarily because of difficulty in taking measurements across large enough spatial scales in such a heterogeneous environment. As part of the Everglades Tracer Release Experiment (EverTREx), two SF6 tracer releases were conducted to measure sheet flow in relatively intact ridge and slough habitats. The first was a pilot experiment that allowed the analytical equipment to be tested in the Everglades, and yielded some preliminary, coarse-scale measurements of advection and dispersion in multiple sloughs. In the second experiment, higher-resolution measurements of tracer distributions …

Greening Historic Dc: Challenges And Opportunities To Incorporate Historic Preservation Into The District's Drive For Sustainable Development, Andrew Stein

Georgetown Law Historic Preservation Papers Series

This paper focuses primarily on the District of Columbia, a city with a robust past and a bold agenda for a sustainable future. However, it may not be obvious why historic preservation - a movement typically concerned with aesthetics - can play an integral role in a city's sustainability initiative. Therefore, this paper first sets forth the basic argument why historic preservation can be a tool to promote sustainable development. Part II examines the scientific data indicating that historic preservation is a green building practice. Next, Part III posits that investment in historic districts is an investment in sustainability. Then, …

Strategic Idealizations Of Science To Oppose Environmental Regulation" A Case Study Of Five Tmdl Controversies, David S. Caudill, Donald E. Curley

Faculty Publications

Proponents of environmental regulation have catalogued various strategies used by takeholders to delay or weaken regulatory efforts, including (1) manufacturing or magnifying uncertainty; (2) demanding “sound science” (and thereby imposing unreasonable standards of evidence); and (3) data quality initiatives that permit deconstruction of credible studies by highlighting inevitable assumptions, funding sources, and areas for further research. Such strategies can be termed “idealizations” of science insofar as they rely on an unrealistic image of good science as somehow capable of avoiding tentative conclusions, institutional interests, consensual assumptions, and the need for further research.

The question remains, however, when does an argument …

Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson, Megan P. Fuchs

Cardozo Law Review

The availability heuristic - a cognitive rule of thumb whereby events that are easily brought to mind are judged to be more likely - is employed by decision-makers on a daily basis. Availability campaigns occur when individuals and groups strategically exploit this cognitive tendency in order to generate publicity for a particular issue, creating pressure to effect legislative change. This paper is the first to argue that environmental availability campaigns are more beneficial than they are harmful. Because they result in pressure on Congress, these campaigns serve as a catalyst for the enactment of critical new legislative initiatives. Specifically, these …

Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby

Publications

No abstract provided.

New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst

Publications

No abstract provided.