Environmental Law Commons^™

Challenges Caused By Iuu Fishing In The Offshore : Lessons For Liberia's Fisheries Based On A Global Review And Analysis, Emma C. Metieh Glassco

World Maritime University Dissertations

No abstract provided.

Study On The Implementation Of The Port Reception Facilities Regulations Of Marpol In Vietnam, Thanh Hoang Nguyen

World Maritime University Dissertations

No abstract provided.

Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken

Pace Environmental Law Review Online Companion

No abstract provided.

Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn

Pace Environmental Law Review Online Companion

No abstract provided.

Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon

Pace Environmental Law Review Online Companion

No abstract provided.

2017 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.

2017 National Environmental Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.

A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao

Dissertations & Theses

The overwhelming majority of scientists have concluded that global warming is unequivocal. The Intergovernmental Panel on Climate Change (IPCC) fifth report in 2013 concluded that the challenge of climate disruption to human beings is even more imperative than the previous report claimed, and that anthropogenic greenhouse gases (GHGs) emissions have extremely likely been the dominant causes of the observed global warming since the mid-20th century.

Anthropogenic GHGs emissions have many implications, including more intensive, extreme meteorological events, spreading of diseases, and threatening human health and life. Climate change also causes injustice in human society because of the dislocation of the …

Can Nonstatutory Federal Climate Litigation Drive Federal Climate Policy?, David L. Markell

Scholarly Publications

No abstract provided.

Courting Disaster: Climate Change And The Adjudication Of Catastrophe, R. Henry Weaver, Douglas A. Kysar

Notre Dame Law Review

Do we court disaster by stretching the bounds of judicial authority to address problems of massive scale and complexity? Or does disaster lie in refusing to engage the jurisgenerative potential of courts in a domain of such vast significance? This Article examines global climate change adjudication to shed light on these questions, focusing particularly on cases that seek to invoke the norm articulation and enforcement functions of courts. The attempt to configure climate-related harms within such substantive frameworks as tort and constitutional law is fraught with analytical and practical difficulties. Yet the exercise, we argue, is essential. Against the backdrop …

Seeing The Place Makes It Real: Place-Based Teaching In The Environmental And Planning Law Classroom., Estair Van Wagner

Articles & Book Chapters

A model for place-based teaching in land use and environmental law subjects based on theoretical and experiential foundations - argues legal education should prepare legal graduates to understand and engage in the work of translation and transformation involved in land use disputes - the need for a critical approach to place-based law teaching in order to address calls for the Indigenisation and decolonization of legal education.

Assessing The Climate Impacts Of U.S. Trade Agreements, Matthew C. Porterfield, Kevin P. Gallagher, Judith Claire Schachter

Michigan Journal of Environmental & Administrative Law

Meeting the ambitious goals of the Paris Agreement will require the United States and other major greenhouse gas (GHG) emitters to integrate climate change considerations into all relevant areas of economic policy. The United States, however, has conspicuously failed to do so with regard to international trade negotiations. International trade agreements tend to increase GHG emissions due to the economic effects of trade liberalization, including increases in the scale of economic activity and changes in the composition of the affected economies. Trade agreements can also affect climate change in less quantifiable but potentially more significant ways by restricting the ability …

Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn

Michigan Journal of Environmental & Administrative Law

Environmental controls in the United States are often said to be “technology-based” because the polluter’s duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what distinguishes U.S. environmental law post-1970 from that which preceded it. But technology-based standards have in fact weighed the costs of controlling pollution in unique, often obscure ways, yielding an analysis that defies standardization and basic notions of transparency. Often lumped under an umbrella heading called “feasibility” analysis and justified on the grounds that it avoids many of …

Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh

Michigan Journal of Environmental & Administrative Law

For generations, a bedrock concept of biology was that genetic mutations are necessary to pass traits from one generation to the next, but new developments in genetics are challenging this fundamental assumption. A growing body of scientific evidence demonstrates that chemical alteration of the way a gene functions, whether through exposure to chemicals, foods or even traumatic experiences, may not only affect the exposed individual, but also the individual’s offspring for two generations or more. This interaction between genes and the environment, known as epigenetics, has revolutionized the understanding of how genes are expressed within an individual and how they …

Making Bureaucracies Think Distributively: Reforming The Administrative State With Action-Forcing Distributional Review, Kenta Tsuda

Michigan Journal of Environmental & Administrative Law

This Article proposes that agencies analyze the distributional impacts of major regulatory actions, subject to notice-and-comment procedures and judicial review. The proposal responds to the legitimacy crisis that the administrative state currently faces in a period of widening economic inequality. Other progressive reform proposals emphasize the need for democratization of agencies. But these reforms fail to address the two fundamental pitfalls of bureaucratic governance: the “knowledge problem”—epistemic limitations on centrally coordinated decision making—and the “incentives problem”—the challenge of aligning the incentives of administrative agents and their political principals.

A successful administrative reform must address both problems. Looking to the environmental …

Energy-Water Nexus, The Clean Power Plan, And Integration Of Water Resource Concerns Into Energy Decision-Making, Sarah Ladin

Michigan Journal of Environmental & Administrative Law

Energy regulation in the United States is now at a crossroads. The EPA has begun the process to officially repeal the Clean Power Plan and currently has no plan to replace it with new rulemaking to regulate carbon emissions from the U.S. energy sector. Even though the Clean Power Plan is more or less at its end, its regulatory structure stands as a model of the way decision-makers in the United States regulate the energy sector and the environment. Since the beginning of the modern environmental legal system, decision-makers have chosen to silo the system. Statutes and agencies focus on …

Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman

Sea Grant Law Fellow Publications

No abstract provided.

Carbon Taxation By Regulation, Jim Rossi

Vanderbilt Law School Faculty Publications

This Article argues that, even though a carbon tax remains politically elusive, a carbon taxation by regulation has begun to flourish as a way of financing carbon reduction. For more than a century, energy rate setting has been used to promote public good and redistributive goals, akin to general financial taxation. Various non-tax subsidies in customer energy rates have enormous untapped potential for promoting low-carbon sources of energy, while also balancing broader economic and social welfare goals. While carbon taxation by regulation offers many benefits, regulators' narrow fixation on consumer protection and economic goals has hobbled realization of its potential. …

The Role Of Individual And Household Behavior In Decarbonization, Michael P. Vandenbergh, Paul C. Stern

Vanderbilt Law School Faculty Publications

This Article asks: why does household behavior matter for deep decarbonization, and how can laws, policies, and programs that target behavior change be employed to facilitate decarbonization? Individuals and households can affect carbon emissions in multiple ways through their behavior as environmental activists, by offering support or opposition to environmental public policies in their citizen roles, by exerting influence within organizations of which they are a part, by making investment decisions based on carbon considerations, and by acquiring and using energy and carbon-emitting goods and services or meeting their needs in ways that do not emit greenhouse gases. Each of …

Defending Our Coasts: Ensuring Military Readiness & Economic Viability As Waters Rise, Deborah Kornblut, Angela King, Virginia Coastal Policy Center

Virginia Coastal Policy Center

No abstract provided.