The Limits Of International Environmental Law: Military
Necessity V. Conservation,
2012
University of Colorado Law School
The Limits Of International Environmental Law: Military Necessity V. Conservation, Alexander Gillespie
Colorado Environmental Law Journal
No abstract provided.
Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent,
2012
Florida A & M University College of Law
Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent, Robert H. Abrams, Noah D. Hall, Zygmunt J B Plater
Amicus Briefs
Arkansas Game & Fish Commission v. United States of America, on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit.: Brief of Professor Robert H. Abrams and Professors of law teaching in the property law and water rights fields as Amici Curiae in support of Respondent
Assembling An Experimentalist Regime: Transnational Governance Interactions In The Forest Sector,
2012
The Peter A. Allard School of Law
Assembling An Experimentalist Regime: Transnational Governance Interactions In The Forest Sector, Christine Overdevest, Jonathan Zeitlin
Transnational Business Governance Interactions Working Papers
Transnational governance initiatives increasingly face the problem of regime complexity in which a proliferation of regulatory schemes operate in the same policy domain, supported by varying combinations of public and private actors. The literature suggests that such regime complexity can lead to forum-shopping and other self-interested strategies which undermine the effectiveness of transnational regulation. Based on the design principles of experimentalist governance, this paper identifies a variety of pathways and mechanisms which promote productive interactions in regime complexes. We use the case of the EU's Forest Law Enforcement Governance and Trade (FLEGT) initiative, interacting with private certification schemes and public …
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies,
2012
University of Nebraska College of Law
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman
Nebraska College of Law: Faculty Publications
The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …
Nuclear Power 2021 Act (S. 512),
2012
Washington & Lee School of Law
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Masthead & Front Matter,
2012
Washington and Lee University School of Law
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Carrots And Sticks, From President Obama’S Solyndra And Beyond,
2012
Stetson University College of Law
Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools,
2012
Washington and Lee University School of Law
Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools, Warren G. Lavey
Washington and Lee Journal of Energy, Climate, and the Environment
Increased energy efficiency confers many economic, environmental, and public health benefits but is handicapped in the United States by energy prices which fail to reflect damaging emissions from most energy production. Under market prices, standard lifecycle financial analysis of potential investments leads businesses and households to improve their energy efficiency in many ways. However, pursuing environmental sustainability and enhanced public health requires heightened awareness, stronger incentives, and more actions. Many religious congregations, health care providers, and schools recognize that improving energy efficiency and reducing related emissions serve their missions. Many organizations in these mission-driven sectors have undertaken far-reaching commitments to …
Assessing Moral Claims In International Climate Change Negotiations,
2012
Washington and Lee University School of Law
Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth
Washington and Lee Journal of Energy, Climate, and the Environment
The paper explains the importance of narrowing the gap between developed and developing countries’ perceptions of justice in the climate change context and analyzes the two main ethical claims raised by the developing countries, exposing their major weaknesses and strengths. It then offers the adoption of harmonized carbon taxes and the rejection of Kyoto’s cap-and-trade mitigation scheme, as a way to avoid inevitably unresolved ethical issues.
Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World,
2012
Washington and Lee University School of Law
Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph
Washington and Lee Journal of Energy, Climate, and the Environment
Community knowledge (including traditional, local, and indigenous knowledge) has a role to play in government agency decisions regarding the environment and natural resources. This article considers the benefits of using community knowledge, as well as obstacles to collecting this knowledge and integrating it with Western science. The article further discusses how federal agencies in Alaska use community knowledge and laws that potentially affect this use (including the Data Quality Act). Finally, the article provides recommendations for agencies to consider in collecting and using community knowledge.
Table Of Contents,
2012
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011),
2012
Washington & Lee School of Law
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011),
2012
Washington & Lee School of Law
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification,
2012
Washington and Lee University School of Law
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”,
2012
Washington and Lee University School of Law
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Miriam A. Cherry, Judd F. Sneirson
Washington and Lee Journal of Energy, Climate, and the Environment
As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution,
2012
Hopkins-Nanjing Center
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”,
2012
Mercer University School of Law
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Judd F. Sneirson
Articles
As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011),
2012
Washington & Lee School of Law
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S,
2012
University of Cincinnati College of Law
Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S, Bradford Mank
Faculty Articles and Other Publications
In American Bottom Conservancy v. U.S. Army Corps of Engineers, Judge Richard Posner of the Seventh Circuit questioned three different grounds articulated by the U.S. Supreme Court for the constitutional doctrine of standing in federal courts and instead argued that the “solidest grounds” for the doctrine of standing are “practical.” In part because of his self-described “pragmatic” approach to legal reasoning, Judge Posner’s maverick views may have led Republican presidents to pass him over for being nominated to the Supreme Court in favor of less brilliant but more predictable conservative judges. Judge Posner’s pragmatic or practical approach to standing …
Standing For Private Parties In Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation,
2012
University of Cincinnati College of Law
Standing For Private Parties In Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation, Bradford Mank
Faculty Articles and Other Publications
This Article argues courts should apply a relatively liberal approach in deciding standing issues for private plaintiffs pursuing climate change suits even if courts ultimately conclude that it is inappropriate to grant relief on the merits to those same plaintiffs because the Supreme Court has clearly declared that standing is a preliminary question that should be treated separately from decisions on the merits and standing causation requires less proof than proximate causation on the merits. The Supreme Court in its 2007 decision in Massachusetts v. EPA held that a state had standing under Article III of the U.S. Constitution to …
