Social and Behavioral Sciences Commons^™

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

Mining, Uranium, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.

Mapping, Modeling, And The Fragmentation Of Environmental Law., Dave Owen

Publications

In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computer-based simulation modeling. Those advances have turned quantitative spatial analysis — that is, quantitative analysis of data coded to specific geographic locations — into one of the primary modes of environmental research. Researchers now routinely use spatial analysis to explore environmental trends, diagnose problems, discover causal relationships, predict possible futures, and test policy options. At a more fundamental level, these technologies and an associated field of theory are transforming how researchers conceptualize environmental systems. Advances in spatial analysis have had modest impacts upon …

May It Please The Environment?: A Study Of The Role Regional Location Plays In Influencing Federal Court Decisions On Fossil Fuel Cases, Stephen Perrott

Senior Independent Study Theses

No abstract provided.

Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson

Articles

The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …

At War With The Environment, David A. Wirth

David A. Wirth

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.

Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public interest …

The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater

Zygmunt J.B. Plater

How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles, presents "The Three …

Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz

All Maxine Goodman Levin School of Urban Affairs Publications

In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.

To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …

Green Ships: Keeping Oceans Blue, Petros J. Katsioloudis

STEMPS Faculty Publications

The article discusses the contribution by the marine transport sector to air and water pollution. According to a congressional research report, cruise ships produce large volume of wastes like sewage, wastewater from sinks, showers, and galleys, hazardous wastes, solid wastes, oily bilge water, ballas water and polluted air. Ship manufacturers are advised to create Green Ships that prevent pollution while governments are urged to strengthen the laws that prohibit dumping of waste to oceans to alleviate pollution.

United States: The Emergence Of Environmental Considerations, Sandra Zellmer

Nebraska College of Law: Faculty Publications

This essay traces the emergence of environmental considerations in U.S. water law, beginning with colonial America and proceeding through the Gilded Age of industrialization, the Progressive Era of wise use, the New Deal and the rise of the federal administrative state, and the modern environmental era. Early on, environmental challenges were addressed haphazardly. The federal government influenced water policy through navigational enhancements, reclamation works, and flood control, while state and local law governed water rights and public health issues. The 1970s brought uniform federal effluent limitations and protections for endangered species. The dawn of the twenty-first century increasingly sees collaborative …

The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"John Nagle, Univ. of Notre Dame Law School" -- Agenda

Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

6 pages.

"James May, Widener University School of Law" -- Agenda

Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law

The Climate of Environmental Justice: Taking Stock (March 16-17)

On March 16-17, The Climate of Environmental Justice: Taking Stock conference gathered 125 academics and practitioners from around the country to consider the pressing issues facing low-income and/or communities of color that continue to be subjected to a disproportionate share of environmental maladies.

"Some people are more equal than others when it comes to bracing ourselves for the impacts of climate change," said conference organizer Professor Maxine Burkett. "Whether it's because poor folks lived in the lowest areas of New Orleans when Katrina floodwaters rushed in, or are less able to afford the cooling bill during increasingly frequent heat waves, …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Sozialpolitik Anders Denken. Das Verursacherprinzip – Von Der Umweltpolitischen Zur Sozialpolitischen Anwendung, Isidor Wallimann, Esteban Piñeiro

Books

The “polluter pays” principle in environmental law assumes that the actor would reduce or avoid adverse effects of his actions if he had to bear the consequences of those actions (internalization of effects). Such internalization can generally be done in two ways: either by avoiding or eliminating the harmful effects or by wearing the financial consequences of the injury. It is therefore on the one hand to have an incentive effect, on the other to a compensatory effect.

Pineiro and Wallimann apply these societal cost principles from the environmental world to the social realm, where social problems can be seen …

Environmental Justice And Environmental Racism: An Annotated Bibliography And General Overview, Focusing On U.S. Literature, 1996-2002, Robin L. Turner, Diana Pei Wu

Scholarship and Professional Work - LAS

We review the literature published in academic, non-law journals on environmental justice and environmental racism, focusing on the literature relevant to the environmental justice movement in the United States. In the overview we define major concepts: environment, justice, race and racism. We discuss major trends in the literature and in the movement and current issues and debates, including risk assessment, GIS mapping, and community-based research and campaigns. Annotations are provided for over 100 publications. We also include a table of GIS based studies and findings, a list of publications and dissertations not summarized, and a list of special issues and …

International Environmental Regimes And Latin America : The Role Of Environmental Non-Governmental Organizations, Jennifer T. Eller

Dissertations and Theses

This study analyzes the obstacles to environmental policymaking in Latin America such as the poverty crisis, the North/South conflict and political corruption. These obstacles result in weak government institutions and create an opportunity for other actors to wield greater influence in the policymaking process.

This paper evaluates the effectiveness of environmental agreements such as debt-for-nature swaps. Debt-for-nature swaps emerged as a solution to the conundrum of the debt crisis and environmental degradation. The cases of Bolivia, Costa Rica and Ecuador illustrate the tensions between development and environmental degradation. The most important lesson learned from these swaps is that the support …

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen

College of Law - Faculty Scholarship

Emissions trading has become a key component of U.S. environmental legal regimes. The U.S. has successfully lobbied to make international environmental benefit trading, an expanded form of emissions trading, a part of international efforts to address the threat of global climate change through the Framework Convention on Climate Change and the Kyoto Protocol to that Convention. Legal scholars have lauded emissions trading as a "free lunch" that will encourage innovation, enhance democratic accountability, and reduce the cost of environmental cleanup. This article argues that emissions trading functions as a cheap fix, reducing short-term costs while tending to lessen innovation and …

Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0

Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change …

The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer

Theses and Dissertations in Urban Services - Urban Management

This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …

Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber

Faculty & Staff Scholarship

No abstract provided.

Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison

IUSTITIA

What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …