Environmental Law Commons^™

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Beans Of Wrath: Genetic Patent Holders Reap Further Protection. Monsanto Co. V. Bowman, Burke Binbeutel

Journal of Environmental and Sustainability Law

No abstract provided.

Possession Is Not Nine-Tenths Of The Law: An Exploration Of The Ninth Circuit's Decision In San Pedro Boatworks. City Of Los Angeles V. San Pedro Boatworks, Trever Neuroth

Journal of Environmental and Sustainability Law

No abstract provided.

Wind Power And Patent Law: How The Enforcement Of Wind Technology Patents May Lead To Restricted Implementation In The Us, And Necessary Solutions., Chris Strobel

Journal of Environmental and Sustainability Law

No abstract provided.

What Does Environmental Justice Mean In An Era Of Global Climate Change?, Michael B. Gerrard

Journal of Environmental and Sustainability Law

No abstract provided.

Sustaining A Jurisdictional Quagmire (?): Analysis And Assessment Of Clean Water Act Jurisdiction In The Third Circuit. The United State Of America V. Donovan, Ryan Niehaus

Journal of Environmental and Sustainability Law

No abstract provided.

A Conservative Approach To Environmental Law: Be Data Driven, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader

Chicago-Kent Law Review

The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …

Environmental Law At The Crossroads: Looking Back 25, Looking Forward 25, Richard J. Lazarus

Michigan Journal of Environmental & Administrative Law

Twenty-five years used to seem like an exceedingly long time. It certainly did when I was graduating from law school and not yet twentyfive. My perspective on time, however, has (naturally) since evolved, much as environmental law itself and the controversies surrounding it have, too, evolved. The contrast between environmental law twenty-five years ago and environmental law today is remarkable and makes clear that environmental law and lawmaking were changing in fundamental ways a generation ago, but those changes are revealed only now with the aid of hindsight. To be sure, the statutory texts of domestic environmental law are strikingly …

Fish And Federalism: How The Asian Carp Litigation Highlights A Decifiency In The Federal Common Law Displacement Analysis, Molly M. Watters

Michigan Journal of Environmental & Administrative Law

In response to the growing threat posed by the progress of Asian carp up the Mississippi River toward the Great Lakes, and with increased frustration with the federal response to the imminent problem, in 2010, five Great Lakes states sued the Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago to force a more desirable and potentially more effective strategy to prevent the Asian carp from infiltrating the Great Lakes: closing the Chicago locks. This Note examines the federal common law displacement analysis through the lens of the Asian carp litigation. Both the Federal District Court …

Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson

Michigan Journal of Environmental & Administrative Law

The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …

Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus

Michigan Journal of Environmental & Administrative Law

Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …

Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf

UF Law Faculty Publications

While the costs of some Sea-Level Rise (SLR) adaptation tools are undeniably daunting, the American legal system poses an additional, potentially budget-busting impediment — the Takings Clause of the Fifth Amendment to the United States Constitution. Officials at all governmental strata and from all three branches should keep the demands made by the Takings Clause, as interpreted by the judiciary, in mind as they choose tools from the diverse SLR-adaptation toolbox, as they justify their choices to the electorate and other constituencies, as they put those tools to use, and as they defend that use from litigants claiming abuse. This …

Collateral Damage: Turning A Blind Eye To Environmental And Social Injustice In The Coalfields, Patrick Mcginley

Journal of Environmental and Sustainability Law

No abstract provided.

Great Debate: Mining In Latin America, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Mining represents a great opportunity for economic growth, especially for emerging economies. It is often seen as the path to prosperity. However, the mining industry is a double edged sword. Countries in Latin America are managing to attract significant foreign investment. In Chile, the extractive sector’s participation in the economy has tripled in the last 10 years, reaching 15% of GDP. In Colombia and Peru, it has doubled to 10% of GDP. The Santos administration in Colombia has made mining one of its top policy priorities.

However, there may be significant downsides to mining, as governments are forced to offer …

The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis

Pitzer Senior Theses

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …

Rethinking Sustainability To Meet The Climate Change Challenge, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, Alexandra R. Harrington, David M. Driesen, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jona M. Roesler

Journal Articles

This article presents a preliminary effort to capture the dialogue at the Environmental Law Collaborative’s inaugural Workshop. Attendees engaged in the re-conceptualization of sustainability in the age of climate change, premised on evidence that climate change is forcing changes in the norms of political, social, economic, and technological standards. As climate change continues to dominate many fields of research, sustainability is at a critical moment that challenges its conceptual coherence. Sustainability has never been free from disputes over its meaning and has long struggled with the difficulties of simultaneously implementing the “triple-bottom line” components of environmental, economic, and social well-being. …

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh

Articles

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …

Introduction: Bumper Sticker Debates, David Roche, Sara Dewey

Duke Environmental Law & Policy Forum

No abstract provided.