Environmental Law Commons^™

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.

Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao

Arkansas Law Review

Greening of company supply chains has become almost de rigueur for large, publicly facing companies. One indication of this situation is the fact that 35 of the Fortune 50 companies and at least 58 of the Fortune 100 companies discuss at least some aspects of their green supply chain management (GSCM) activities on their public websites, primarily under the heading of “responsible sourcing.” These GSCM activities ] have the potential to contribute in very important ways to meeting societal sustainability goals, influencing suppliers that are beyond the reach of the national laws of consumer nations, and driving changes in environmental …

Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman

Arkansas Law Review

The principal tasks of the chief executive officers of publicly-traded exploration and production companies is to guide senior management and the company through various operational, regulatory, and financial challenges, all the while mitigating risk and providing shareholders with an expected return on their investment. Executives face declining reserves, increased funding and development costs, and some shareholder and public opposition to oil and gas development or hydraulic fracturing based on climate change or negative environmental externalities. Although these oil and gas companies are familiar with technical and financial challenges, public opposition to extractive industries is a newer barrier to entry and …

Contracting For Sustainable Surface Management, Tara Righetti

Arkansas Law Review

This article examines the surface damage agreement as an instrument of private governance. Part I describes split-estate ownership of oil and gas and the historic dominant-servient ordering of the mineral and surface estates. Part II explores the rebalancing of power effectuated by split estate acts and statutory requirements to contract for surface damages in both state and federal law. Part III examines the surface damage agreement and provides a catalog of common environmental provisions and covenants within those agreements. Part IV analyses surface damage agreements within the framework of private governance instruments, identifying their benefits and exploring the limitations of …

Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh

Arkansas Law Review

The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …

Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar

Journal of Legislation

No abstract provided.

Standing For Everyone: Sierra Club V. Morton, Supreme Court Deliberations, And A Solution To The Problem Of Environmental Standing, Scott W. Stern

Fordham Environmental Law Review

No abstract provided.

The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg

Fordham Environmental Law Review

No abstract provided.

Reaching The Individual: A Proposed Federal Framework To Reduce Community-Based Greenhouse Gas Emissions, Rachel Manning

Fordham Environmental Law Review

No abstract provided.

1-Click Energy: Managing Corporate Demand For Clean Power, Gina S. Warren

Maryland Law Review

Globally, more private businesses, especially Fortune 100 companies are generating their own electricity, investing in renewable energy facilities, and voluntarily purchasing renewable energy credits to cover their carbon footprints. This shift could have a significant impact on the existing energy delivery system. On the one hand, this shift shows positive momentum toward the incorporation of clean energy into a fossil fuel dominated grid. As the negative impacts of climate change accelerate around the globe, decreasing reliance on fossil fuels is certainly an important goal. On the other hand, corporate disruption of what has historically been a highly regulated public service …