Environmental Law Commons^™

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.

A Legal Analysis On The Implementation And Enforcement Of Fishery Laws Of The Coastal State In Its Exclusive Economic Zone : A Philippine Perspective, Fatima Aleli Angeles

World Maritime University Dissertations

This dissertation scrutinizes the extent of the rights that the Philippines as a coastal State has with regards to the implementation and enforcement of fishery laws in its Exclusive Economic Zone (EEZ). By examining how the right to engage in fishing and the concept of EEZ emerged, as well as laying down the fishery rights of the States in the different maritime zones, this research was able to establish the legal regime involving the fishery laws implementation and enforcement in the EEZ. Thereafter, various States practices were probed to determine the trend of implementation and enforcement of fishery laws in …

Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky

Georgia Journal of International & Comparative Law

No abstract provided.

Environmental Disasters And Human Health Consequences: A Year In Review, Susan Johnson, Blythe Brauer, Samantha Bird, Andrea Abergel, Jon Davey, Mary Strayhorne

Sustainable Development Law & Policy

No abstract provided.

Requiring The Use Of Tracers In Hydraulic Fracturing Fluid To Trace Alleged Contamination, Stephanie Kurose

Sustainable Development Law & Policy

No abstract provided.

When Big Oil Comes To A Small Town: The Exxonmobil Oil Spill In Mayflower In Context, James D. Hekel Jr.

Sustainable Development Law & Policy

No abstract provided.

The Gold War Of Romania: Sustainable Development Or Irreversible Damage?, Alexandra Manea

Sustainable Development Law & Policy

No abstract provided.

The Health Consequence Of Genetically Modified Organisms And Lack Of Regulation: Genetically Engineered Food Linked To Rise In Autism Prevalence, Victoria H. Peters

Sustainable Development Law & Policy

No abstract provided.

Rubber-Stamped Regulation: The Inadequate Oversight Of Genetically Engineered Plants And Animals In The United States, Genna Reed

Sustainable Development Law & Policy

No abstract provided.

The Minamata Convention On Mercury: Past, Present, And Future Environmental Health, Maggie Coulter

Sustainable Development Law & Policy

No abstract provided.

Driving Innovation: How Stronger Laws Pull Safer Chemicals Into The Market, Baskut Tuncak

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Veronica Kennedy

Sustainable Development Law & Policy

No abstract provided.

How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce

American Indian Law Journal

No abstract provided.

Policy Context Of The Endemic Flora Of The Maltese Islands In A Changing Taxonomic Landscape, Clara Agius

Masters Theses, 2010-2019

The degradation of the environment since the Industrial Revolution has been a turning point for legislation, leading to many countries, including EU states, to create legislations that conserve the environment. These legislations are based on scientific facts. This can create a divide between policy and science, as science and scientific methods are constantly changing, while policy has to keep up. Scientific facts of yesterday, may not necessarily be the same as today. This divide between science and policy may have implications on the designation of Protected Areas. One of the criteria of a Protected Area is the protection of an …