Environmental Law Commons^™

The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey

Osgoode Legal Studies Research Paper Series

This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: they reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework …

A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas

Scholarly Works

Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …

Time For A Restatement, Irma S. Russell, Robert Percival, Tracey Hester, Victor Flatt, Joel Mintz

Faculty Journal Articles & Other Writings

After a quarter century of statutory stagnation, the American Law Institute needs to address environmental laws, regulations, and judicial decisions to clarify and solidify the consensus to date and the need for evolution to address emerging threats.

Correlations Between Childhood Obesity And Obesogenic Environmental Variables Within Durham County, North Carolina, Eureka Capri Daye

Walden Dissertations and Doctoral Studies

The application of geographic information systems was used to map obesogenic conditions by zip code tabulation areas in Durham County, North Carolina and evaluated associations between those conditions and the understudied area of early childhood obesity. Of the thirty one percent of the children in Durham County, North Carolina who were considered obese in 2010, four hundred and thirty three (1:5) 2 - 4 year old children who received supplemental nutrition services for women, infants and children were obese with BMI levels greater or equal to the 95th percentile and were used as the criterion variable in the study (N=433). …

Environmental Law At Maryland: 2015 Year In Review

Environmental Law at Maryland

No abstract provided.

Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …

An Environmental Understanding Of The Local Land Use System, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work, describing in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article outlines a comprehensive framework for understanding how traditional local land use authority can be used to preserve natural resources and environmental functions at the community level.

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs

Scholarly Works

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …

Keeping Track Of Conservation, Jessica Owley

Articles

Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …

Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan

Law Student Publications

Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …

Cascade Lake, Vincent Vu

UC Law Environmental Journal

No abstract provided.

Public Trust Or Equal Footing: A Historical Look At Public Use Rights In American Waters, Sean Morrison

UC Law Environmental Journal

No abstract provided.

Monterey, California, Ashley Bumatay

UC Law Environmental Journal

No abstract provided.

Arizona Diamondback, Nicholas Whipps

UC Law Environmental Journal

No abstract provided.

Coyote Hills Regional Park, Kevin Armonio

UC Law Environmental Journal

No abstract provided.

Starfish, Carmen King

UC Law Environmental Journal

No abstract provided.

Judging Science: The Rewards And Perils Of Courts As Boundary Organizations, Sonya Ziaja, Christopher Fullerton

UC Law Environmental Journal

No abstract provided.

Helping Haiti: Incorporating Ngo Technology Transfer Into The Trips Agreement Framework To Aid Least Developed Countries In The Adoption Of Clean Technologies, Michelle Balaklaw

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Fighting Fire With Fire: How Developing Geothermal Energy Plants On U.S. Protected Land Will Minimize The Effects Of Global Warning, Joseph B. Rinaldi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel

Florida A & M University Law Review

Climate change is a reality, and Florida is uniquely situated to feel its effects sooner than other states. This is due to the prediction of a substantially rising sea level and the fact that a majority of the most populated and popular areas in Florida are located along or near the coasts. Part I of this article examines the realities of climate change. Part II reviews the current state of the most significant attempt at flood insurance by the Federal government, the NFIP. Part II also reviews Florida’s statewide initiatives, as well as local initiatives of three distinct Florida counties. …