Environmental Law Commons^™

Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas

Pace Environmental Law Review

At this point in time, environmental law faces the task of drawing a budget for living within our resource means, and this budget will be tightly stretched. It must provide energy, water, food, and materials to a growing population; it must cope with the depletion of formerly abundant resources; and it must act both to mitigate climate impacts and adapt to the changes already manifesting. To do this, the budgeting must consider resources and uses that have previously been considered insignificant and that have not received attention in terms of ownership, allocation, or governance. Thus, the future of environmental law …

Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen

Pace Environmental Law Review

This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez

Pace Environmental Law Review

This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries.

International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …

Reconceptualizing The Future Of Environmental Law: The Role Of Private Climate Governance, Michael P. Vandenbergh

Pace Environmental Law Review

The title of this Symposium, Reconceptualizing the Future of Environmental Law, accurately captures the challenge facing environmental law scholars and policymakers in 2015. The success of environmental law in the future will not arise from doubling down on the approaches developed over the last 50 years. Instead, it will arise from our willingness to learn from the past without being bound by the conceptual frameworks that dominated the early development of the field.

In particular, a successful future for environmental law is more likely to emerge if we acknowledge that the environmental problems, policy plasticity, and regulatory institutions that shaped …

Pace Environmental Law Review 2015 Symposium: Reconceptualizing The Future Of Environmental Law, Cayleigh S. Eckhardt

Pace Environmental Law Review

Pace Environmental Law Review's 2015 Symposium, entitled Reconceptualizing the Future of Environmental Law, can be traced back to over a year ago when a few Pace Environmental Law faculty members approached me and Katie Hatt, the Managing Editor of the law review, with an idea.1 No, not an idea, rather a question. They simply asked us, “what do you think the future holds for environmental law?” This question transformed into an extensive conversation about the past, the present, and the future of environmental law.

International Legal Protection For Climate Refugees: Where Lies The Haven For The Maldivian People?, Simran Dolla

Student Works

Climate change and sea level rise are not just mere words for the Maldivian people; they are a grim reality that is consuming their nation. Sea level rise presents one of the gravest dangers for the Maldives because of its already low-lying characteristics. As the levels continue to rise, the nation is sinking into extinction. Some 300,000 people of the Maldives are on the brink of losing their homes and becoming climate change refugees. The existing international laws are not only ill-equipped to provide protections or the much-needed relief, they also make no mention of climate change refugees. Therefore, as …

Eyes On Bangladesh's Disappearing Coasts: Proposed Constitutional Protections For Coastal Communities Particularly Vulnerable To Climate Change, Sabrina Persaud

Student Works

Climate change, a phenomenon caused by global warming, has impacted just about every part of the earth. As polar ice caps continue to melt, people across the world are experiencing record-breaking heat waves and warmer winters. These erratic weather patterns are just one of the many impacts of climate change. Changes in temperature have altered ecosystems and habitats for terrestrial and marine wildlife, and caused human health to deteriorate. Larger, more industrialized countries are the major contributors to climate change; however, smaller countries, such as Bangladesh, suffer the consequences. This article analyses the negative effects that climate change has had …

Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Environmental Law In Madagascar: The Nagoya Protocol On Genetic Resource Use, Access And Benefit Sharing, Sarah Sanbar

Independent Study Project (ISP) Collection

The rapid expansion of the biosciences has led many to turn to nature in search of genetic resources of commercial value. Bioprospecting, or the search for plants and animals from which commercially valuable compounds can be obtained, is often a transnational activity. Four-fifths of the world’s biodiversity is found in developing countries, and those searching to exploit the biodiversity of these nations overwhelmingly tend to come from developed, wealthy countries. This asymmetry, when coupled with the lack of institutional legislative frameworks and regulation, creates a plethora of user/host conflicts. This paper seeks to examine the current state of affairs regarding …

You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley

Faculty Scholarship

Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …

Boundary Work In Environmental Law, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Reinventing The Core U.S. Technology Through The Push Of New Regulation Leveraging Market Pull, Steven Ferrey

Suffolk University Law School Faculty Works

Unilateral Presidential executive action is now used to implement new law and regulation, without participation of the Congress pursuant to Article I of the Constitution. Such actions create a visible and controversial legal confrontation regarding separation of powers. Certain unilateral executive action examined in this article is forcing technological and environmental change which is fundamentally transforming society. This article critically analyzes the revolutionary maelstrom forged by the interface of unilateral executive regulatory orders, law, and the ‘invisible hand’ of market dynamics on climate change.

After 800 years of Greenhouse Gas concentration levels hovering in the atmosphere between 175-250 part per …

The Use, Impact, And Ban Of Coal Tar- Based Sealants, Hannah Needleman

Virginia Coastal Policy Center

No abstract provided.

Adaptasi Konsep Imbal Jasa Lingkungan Sebagai Persyaratan Pendaftaran Paten Yang Menggunakan Bahan Sumber Daya Genetik Di Indonesia, Vika Andini

Jurnal Hukum & Pembangunan

Natural resources exploitation not only have an effect to the balance of environment ecosystem but also to the indigenous people as a caretaker for the genetic resources. The indigenous people are the most entitled ones to gain the commercial benefit from the use of the genetic resources.The protection and benefit sharing for the use of genetic resources need to be reaffirmed in the existing national law instrument. The provision about the protection and benefit sharing in the use of genetic resources can not only regulated in environment law instrument, but should regulated in intellectual property right law instrument as well. …

Pope Francis, Environmental Anthropologist, John Copeland Nagle

Journal Articles

In June 2015, after much anticipation and a few leaks, Pope Francis released his encyclical entitled “Laudato Si’: On Care for Our Common Home. “Laudato si’” means “praise be to you,” a phrase that appears repeatedly in Saint Francis’ Canticle of the Sun poem. The encyclical itself has been widely praised and widely reported, far more than one would expect from an explicitly religious document. The encyclical is breathtakingly ambitious. Much of it is addressed to “every person living on this planet,” while specific parts speak to Catholics and others to religious believers generally. It surveys a sweeping range of …

Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Narrating Climate Change At The San Juan National Historic Site At The Community Level, Leslie Paul Walker Jr.

USF Tampa Graduate Theses and Dissertations

While the National Park Service is charged with interpreting and preserving areas designated as park resources, they must also manage environmental issues such as erosion resulting from climate change. This research sets out to narrate how Palo Seco, Puerto Rico, a neighboring community of the San Juan National Historic Site, perceives similar environmental conditions and motivations for addressing these issues. My research sits at the intersection between the park’s charter and understanding community implications of environmental changes that affect local heritage. Using Authorized Heritage Discourse and environmental justice as theoretical frameworks, I suggest that the National Park Service should include …

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.

Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein

Faculty Scholarship

No abstract provided.