Developing An International Carbon Tax Regime,
2017
American University Washington College of Law
Developing An International Carbon Tax Regime, Steven Specht
Sustainable Development Law & Policy
No abstract provided.
A North-South Struggle: Political And Economic Obstacles To Sustainable Development,
2017
American University Washington College of Law
A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson
Sustainable Development Law & Policy
No abstract provided.
Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric,
2017
American University Washington College of Law
Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2017
American University Washington College of Law
Editor's Note,
2017
American University Washington College of Law
Editor's Note, Caitlin Buchanan
Sustainable Development Law & Policy
No abstract provided.
A "Delicate Balance": How Agency Nonacquiescence And The Epa's Water Transfer Rule Dilute The Clean Water Act After Catskill Mountains Chapter Of Trout Unlimited, Inc. V. City Of New York,
2017
University of Maine School of Law
A "Delicate Balance": How Agency Nonacquiescence And The Epa's Water Transfer Rule Dilute The Clean Water Act After Catskill Mountains Chapter Of Trout Unlimited, Inc. V. City Of New York, Kevin J. Haskins
Maine Law Review
Congress enacted the Clean Water Act (CWA) in 1972 with the express objective of restoring and maintaining the health of the nation’s waters. To achieve this objective, Congress declared that discharges of pollutants into the nation’s waters are prohibited unless they comply with permit requirements. The CWA’s primary vehicle for regulating discharge permits is the National Pollutant Discharge Elimination System, or NPDES. The CWA defines the phrase “discharge of a pollutant” as the “addition of any pollutant to navigable waters from any point source.” Although the CWA further defines the terms “pollutant,” “navigable waters,” and “point source,” it fails to …
The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia,
2017
University of Maine School of Law
The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer
Maine Law Review
In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the …
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation,
2017
Seattle University School of Law
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck
Seattle University Law Review
This Note seeks to address the issues concerning the FDA’s approval of genetically modified salmon for consumption, arguing that the FDA did not properly vet AquAdvantage salmon, as well as relied on inappropriate criteria in their approval of its market use. Part I provides a brief history of AquAdvantage salmon’s introduction to U.S. markets and the legal actions taken in response to the FDA ruling. Part II discusses the statutes and regulations fundamentally relevant to GE products, as well as a critique of the way each regulation was used to approve AquAdvantage. Part III offers a comparison to the European …
Some Of The Issues Of Legal Regulation Of Protection And Use Of Transboundry Natural Objects,
2017
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Some Of The Issues Of Legal Regulation Of Protection And Use Of Transboundry Natural Objects, J. Xalmuminov
Review of law sciences
In this article, there are reviewed some issues of legal regulation of protection and use of transboundary natural objects, particularly analysis of international norms for development of relations on protection of ozone layer, atmosphere, water, as well as the positive results of the works being done in this field, and given scientific, theoretical, practical proposals related to the development of their legal regulation.
The Legal Regulation Of Limits Of Land Plots,
2017
Tashkent state university of law, Tashkent, 100047, Uzbekistan
The Legal Regulation Of Limits Of Land Plots, G. Uzakova
Review of law sciences
In the article, the auther reveals the concept and legal bases of rationing of land use and gives the short characteristic of rationing of land use in the Republic of Uzbekistan. Law-enforcement practices of such countries as the USA, Australia, Austria, Germany, Canada, Greece, Italy, Great Britain, and Denmark are analysed. Based on the carried-out analysis it is developed suggestions for improvement of the land legislation.
Fiduciary Obligations In Business And Investment: Implications Of Climate Change,
2017
Allard School of Law at the University of British Columbia
Fiduciary Obligations In Business And Investment: Implications Of Climate Change, Janis P. Sarra
All Faculty Publications
Fiduciary obligation, under both corporate law and the common law, requires directors and officers to identify and address climate-related financial and other risks. In fulfilling their obligations to act in the best interests of the company, directors and officers must directly engage with developments in knowledge regarding physical and transition risks related to climate change and how these risks may impact their corporation. Depending on the firm’s economic activities, the risk may be minor or highly significant, but directors and officers have an obligation to make the inquiries, to devise strategies to address risks, and to have an ongoing monitoring …
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution,
2017
Pace University
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Pace Law Review
The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.
Updating New York’S Constitutional Environmental Rights,
2017
Elisabeth Haub School of Law at Pace University
Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson
Pace Law Review
The stakes are high as New York State considers whether to amend the constitution. The electorate contemplates the gathering crises of sea level rise, disruption of weather patterns, intensified summer heat waves, and other climate change impacts. New York also faces escalating environmental problems, which the newly perceived climate impacts in turn exacerbate. It is timely to debate whether or not New York should recognize the right to the environment to its constitution. In 2016, the House of Delegates of the New York State Bar Association adopted the report of its committee on the constitution, regarding the environmental conservation article …
Subnational Environmental Constitutionalism And Reform In New York State,
2017
Widener University, Delaware Law School
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
Pace Law Review
The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s constitution, with the next such opportunity on November 7, 2017. This article explores how subnational constitutionalism from around the world informs discussions about whether and how …
City Of Helena V. Community Of Rimini,
2017
Alexander Blewett III School of Law at the University of Montana
City Of Helena V. Community Of Rimini, Molly M. Kelly
Public Land & Resources Law Review
After twenty years of adjudication, the Montana Supreme Court affirmed the City of Helena’s right to 13.75 cfs from Ten Mile Creek, the city’s primary water source. The Court found a statute allowing cities and municipalities to exercise water rights that have gone through extended periods of nonuse did not need a retroactive clause.
United States V. Gila Valley Irrigation District,
2017
Alexander Blewett III School of Law at the University of Montana
United States V. Gila Valley Irrigation District, Ryan L. Hickey
Public Land & Resources Law Review
Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas,
2017
University of Maine School of Law
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher
Maine Law Review
Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …
Nineteenth Annual Frank M. Coffin Lecture On Law And Public Service: Community, Rights, And Climate: A Challenge To A Clever Species,
2017
University of Maine School of Law
Nineteenth Annual Frank M. Coffin Lecture On Law And Public Service: Community, Rights, And Climate: A Challenge To A Clever Species, Jonathan Lash
Maine Law Review
I want to talk to you today about individual rights and community. I have been struck in reading the Judge’s books and recalling working with him how he honored two competing ideas simultaneously: respect for individual liberty, and a deep belief in the power of government to enhance fairness and promote public well-being. As I shall explain, the tension between those ideas has become increasingly important in the debate over how to address global environmental problems.
God's Green Earth? The Environmental Impacts Of Religious Land Use,
2017
University of Maine School of Law
God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale
Maine Law Review
Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws to protect …
Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees,
2017
University of Maine School of Law
Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello
Maine Law Review
Private transfer fee covenants against real property are increasingly under fire from Congress, federal regulators, and state legislatures. This fire has been fueled by strong advocacy from the National Association of Realtors. It will only be a matter of time before private transfer fees will also be challenged in state courts as not meeting the common law requirements for a servitude. As these bodies take aim at the private transfer fee, they literally must not lose sight of the forest for the trees. A private transfer fee that benefits conservation and environmental stewardship is consistent with the traditional use of …
