Environmental Law Commons^™

Green Monsters: Examining The Environmental Impact Of Sports Stadiums, Thomas J. Grant Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Too Much Of A Yellow Thing? How Growing Golden Kernels Grew Into America's Corn Crises, Allison Payton Nicklin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

An Overflowing Global Tub: Why Rising Seas Are Spilling Into The Streets And What The Government Can Do In Response, Colleen R. Rush

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Symposium—Growing, Growing, Gone: Innovative Ideas In Resource Management For A Growing Population: Introduction, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

Moving At A Glacial Pace: What Can State Attorneys General Do About Sec Inattention To Nondisclosure Of Financially Material Risks Arising From Climate Change?, Nina Hart

Sabin Center for Climate Change Law

In recent years, two certainties have created a mass of uncertainty for public companies. First, companies must disclose material financial information in their annual statements, known as 10-Ks, to the SEC. Second, climate change poses financial risks to the way businesses operate. Together, these principles have generated significant uncertainty within the regulatory and law enforcement arenas. Specifically, companies and law enforcement officials are uncertain about what risks stemming from climate change must be disclosed in 10-Ks, and how that information should be presented.

The actor primarily responsible for clarifying disclosure requirements is the Securities & Exchange Commission (SEC). This Note …

Flag State Regulation Of Greenhouse Gas Emissions: Regulatory Authority Of Flags Of Convenience And Franchised Registries, Alyssa Kutner, Meredith Wilensky

Sabin Center for Climate Change Law

International shipping accounts for approximately 2-3% percent of global anthropogenic greenhouse gas emissions (GHG). Under business as usual conditions, emissions from the sector are expected to double by 2050. The quantity of GHG emissions from shipping combined with the potential for reductions using existing technologies make the sector a strategic target for mitigation measures.

In February of 2014, the Sabin Center for Climate Change Law published a white paper that concluded that sovereign states have broad authority under international law to regulate GHG emissions from vessels within their registry. However, many registries are structured such that the flag state has …

Earth, Air, Water, Oil: Regulating Fracking In The Monterey Shale With Health And Environment In Mind, Gideon J. Salzman-Gubbay

Pomona Senior Theses

“Earth, Air, Water, Oil: Regulating Fracking in the Monterey Shale with Health and Environment in Mind,” explores how hydraulic fracturing regulation in California’s oil-rich Monterey Shale will impact regional public health, including groundwater and air quality. This is achieved through a combination of case study and policy analysis on both the state and national level.

Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos

Publications

A legal and policy infrastructure -- referred to as a "law of the river" -- exists for every river basin in the U.S. an can be as important as natural processes in terms of managing the future of the resource. Because of the way that water law and policy have evolved in the U.S., this infrastructure involves a matrix of state and federal law that governs the choices that policymakers, end users, and agencies make. This "law of the river" provides the context in which decisions are made and not made. It also draws the boundaries within which decision makers …

Bright Lights, Bright-Line: Toward Separation And Reformation Of The Transformative Use Analysis, Jennifer Yeh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith

Cardozo Journal of Equal Rights & Social Justice

The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician's First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …

Report Of The Nova Scotia Independent Panel On Hydraulic Fracturing, Frank Atherton, Michael Bradfield, Kevin Christmas, Shawn Dalton, Maurice Dusseault, Graham Gagnon, Brad Hayes, Constance Macintosh, Ian Mauro, Ray Ritcey

Reports & Public Policy Documents

On August 28, 2013, the Province of Nova Scotia and the Nova Scotia Department of Energy signed an agreement with the Verschuren Centre for Sustainability in Energy and the Environment at Cape Breton University to conduct an external review on the environmental, socio-economic, and health impacts of hydraulic fracturing. Simultaneously, Dr. David Wheeler, President and Vice Chancellor of Cape Breton University, was asked to convene and Chair the review and expert panel on a voluntary and unpaid basis.1 The mandate for the review was to: create a panel of technical experts based on input from the public and hire technical …

Climate Geoengineering And Dispute Settlement Under Unclos And The Unfccc: Stormy Seas Ahead?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper considers the potential for the UNCLOS and UNFCCC regimes to be faced with disputes at the intersection between the management of climate change and ocean governance. Using the example of geo-engineering, the chapter considers how tensions between climate mitigation and management and conservation goals are likely to be addressed under the two regimes. The paper explores the capacity of the existing dispute resolutions mechanisms under the two regimes to deal with these tensions, conflicts and overlap.

The Implications Of Private Environmental Governance, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

If we look back twenty years from now, will private governance be as much a part of environmental law and policy as market mechanisms, or will it have faded into the woodwork along with many other promising new developments? In this Essay, I briefly examine four issues that will play a large role in determining the answer to this question. Part I examines whether PEG is a coherent, discrete concept. Part II explores the extent to which PEG affects environmental behavior and environmental quality. Part III discusses the interactions between private and public environmental governance. Part IV then evaluates whether …

Electric Power Resource "Shuffling" And Subnational Carbon Regulation: Looking Upstream For A Solution, Jim Rossi, Andrew J.D. Smith

Vanderbilt Law School Faculty Publications

"Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California is the most aggressive jurisdiction in the United States to address climate change and has adopted a cap & trade program for its greenhouse gas (GHG) emissions. This Article addresses the resource shuffling issue presented by California's cap-and-trade program and evaluates the merits of various legal and regulatory solutions to the problem.

Anti-Waste, Michael Pappas

Publications

It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does "waste" even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.

Drawing upon property and natural resource doctrines, this Article finds that the law selects from a catalog of five specific, and sometimes competing, societal values to define waste. These values include: (1) economic efficiency; (2) human flourishing: (3) concern for future generations: (4) stability and consistency; and, (5) ecology. The law recognizes waste in terms of one of or …

Nepa And Indirect Effects Of Foreign Activity: Limiting Principles From The Presumption Against Extraterritoriality And Transnational Lawmaking, David Heywood

BYU Law Review

No abstract provided.

Grazing In Wilderness Areas, Mark Squillace

Publications

Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.

Notwithstanding this success, the ecology of some …

Importing Energy, Exporting Regulation, James W. Coleman

Faculty Journal Articles and Book Chapters

This Article identifies and addresses a growing contradiction at the heart of United States energy policy. States are the traditional energy regulators and energy policy innovators — a role that has only grown more important without a settled federal climate policy. But federal regulators and market pressures are increasingly demanding integrated national and international energy markets. Deregulation, the rise of renewable energy, the shale revolution, and new sources of motor fuel precursors like crude and ethanol have all increased interstate energy trade.

The Article shows how integrated national energy markets are driving states to regulate imported fuel and electricity based …

Unilateral Climate Regulation, James W. Coleman

Faculty Journal Articles and Book Chapters

It is now plain that decades of negotiation toward a binding global climate treaty have failed. Yet, at the same time, many nations are adopting a range of unilateral policies to address climate change. The existing literature on climate policy neglects these unilateral climate regulations because it focuses on the necessity and possible design of a multilateral climate treaty. But these domestic regulations present a unique puzzle: given that climate outcomes are determined by global emissions, and that unilateral regulations inevitably influence incentives to regulate elsewhere, how can domestic action achieve the greatest marginal reduction in global emissions? In other …

Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane

Virginia Coastal Policy Center

No abstract provided.