Environmental Law Commons^™

Crow Indian Tribe V. United States, Hallee Kansman

Public Land & Resources Law Review

The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …

Consumer Perceptions: From Myths To Action, Michael P. Vandenbergh, Kristian Steensen Nielsen

Vanderbilt Law School Faculty Publications

Rapid and transformative changes are required to reduce the adverse consequences of climate change. A growing literature suggests that households can be an important part of efforts to reduce GHG emissions. Transformative change implies modifying actions across different life and consumption domains, but not all actions are equally important. The most promising efforts focus on behaviours with high technical potential (the total emissions reductions possible from the behaviour change) and behavioural plasticity (the extent to which the behaviour can be changed in a given decision environment). Shifting towards a plant-based diet has technical potential that is among the highest of …

Microplastics In Full View: Birds As Bioindicators Of Malta's Coastal Ecosystem Health, Dalton Brauer

Masters Theses, 2010-2019

Plastic pollution has recently become a widely studied topic, yet research on microplastics has remained lacking for specific geographic regions. Microplastics are small plastics resulting from degradation or the dumping of raw material and can lead to deleterious impacts on the coastal marine environment and its organisms. To assess Malta’s coastal environmental health, water birds (inshore, offshore and pelagic species) were used as bioindicators by assessing the presence and abundance of plastic within their stomach contents. The project hoped to fill some of the current gaps in knowledge on microplastics within Malta by creating a working baseline, as well as …

Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr

Fordham Environmental Law Review

No abstract provided.

The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard

Fordham Environmental Law Review

No abstract provided.

A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino

Pace Environmental Law Review

Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal …

The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier

Pace Environmental Law Review

The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes in the agricultural …

Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl

Pace Environmental Law Review

Federal agencies currently use a methodology that finds negligible benefits of protecting critical habitat for endangered species, despite the prime real estate that is often involved. The Endangered Species Act already calls for economic analysis, but agencies currently treat it as a meaningless hoop to jump through. Agencies justify this hollow exercise by pointing to the difficulty in quantifying the increment of added protection that comes with critical habitat designation. However, the increment of added protection for critical habitat can be measured using methods already employed by agencies in other environmental analyses. Although the central benefits of critical habitat are …

President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan

Pace Environmental Law Review

In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Pace Environmental Law Review

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold

Pace Environmental Law Review

The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be …

Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn

Journal of Ocean and Coastal Economics

The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information …

New Jersey's Legal Duty To Manage Its Coastline In Preparation For The Wrath Of Climate Change, Sarah Weiss Rozalis

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Standing Up For A Cleaner Town: How The Ehb's Broad Definition Of Standing In Friends Of Lackawanna V. Department Of Environmental Protection Expands Citizens' Appellate Rights, Zoey H. Lee

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Mining For Answers: The Supreme Court Of California Addresses The State's Ability To Exercise Its Police Powers On Federal Land In People V. Rinehart, Rohan Mohanty

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing, Shawna Riley

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Surrogate Science And Judicial Deference To Agency Findings: How The Ninth Circuit Keeps Exemptions For Bioenergy On Track In Helping Hand Tools V. Epa, Joshua Schmid

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Trust The Process? The Supreme Court Of Pennsylvania's Broad Interpretation Of The Environmental Rights Amendment Sent Shockwaves Through The Commonwealth In Pennsylvania Environmental Defense Foundation V. Commonwealth, Rebecca A. Cabrera

Villanova Environmental Law Journal (1991 - )

No abstract provided.

No Harm, No Foul: How The Ninth Circuit's Decision In Ground Zero Center For Non-Violent Action V. United States Department Of The Navy Essentially Weakens The Eis As An Enforcement Mechanism Of Nepa, Kathryn T. Siegeltuch

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act, Daniel Fors

Villanova Environmental Law Journal (1991 - )

No abstract provided.