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 …
Standing In Monsanto Co. V. Geertson Seed Farms: Using Economic Injury As A Basis For Standing When Environmental Harm Is Difficult To Prove,
2012
University of Cincinnati College of Law
Standing In Monsanto Co. V. Geertson Seed Farms: Using Economic Injury As A Basis For Standing When Environmental Harm Is Difficult To Prove, Bradford Mank
Faculty Articles and Other Publications
Many of the Supreme Court’s important standing cases have involved environmental disputes. Most recently, in 2010, the Court again addressed standing in an environmental dispute, Monsanto Co. v. Geertson Seed Farms. In Monsanto, the Court did not announce a new standing doctrine. Nevertheless, the Court recognized that an environmental plaintiff may sue without proof of actual environmental harm if it can demonstrate that he or she may suffer economic losses from testing and mitigation measures related to a threatened harm. During the oral argument in Monsanto, Justice Scalia expressed skepticism that the plaintiffs could prove that the …
Our Generation's Sputnik Moment: Regulating Energy Innovation,
2012
University of Cincinnati College of Law
Our Generation's Sputnik Moment: Regulating Energy Innovation, Joseph P. Tomain
Faculty Articles and Other Publications
In his 2011 State of the Union Address, President Obama stressed the necessity of innovation as the key to unlocking our economic future. More pointedly, he stated that now is "our generation's Sputnik moment." Just as the United States responded to national security threats posed by a cold war Russia, today we must respond to threats to our economy and our environment, as well as to our national security, posed by an oil addiction that we have not been able to break for over half a century. The intertwined needs to provide sufficient energy, environmental protection, and a vibrant economy …
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study,
2012
University of Idaho, College of Law
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble
Articles
Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …
The Right Of Nonuse,
2012
University of Denver
The Right Of Nonuse, Jan G. Laitos
Sturm College of Law: Faculty Scholarship
The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It reexamines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue …
Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case,
2012
Florida A&M University College of Law
Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff
Florida A & M University Law Review
No abstract provided.
Hydraulic Fracturing And Information Forcing,
2012
Florida State University College of Law
Hydraulic Fracturing And Information Forcing, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
Table Of Contents,
2012
University of Colorado Law School
Table Of Contents, Colorado Journal Of International Environmental Law And Policy
Colorado Environmental Law Journal
No abstract provided.
Reading The Standing Tea Leaves In American Electric Power V. Connecticut,
2012
University of Cincinnati College of Law
Reading The Standing Tea Leaves In American Electric Power V. Connecticut, Bradford Mank
Faculty Articles and Other Publications
In American Electric Power v. Connecticut (AEP), the U.S. Supreme Court by an equally divided vote of four to four affirmed the Second Circuit’s decision finding standing and jurisdiction in the case. Even though it did not announce the identities of the justices who voted for standing and against standing, the AEP decision took the unusual step of providing some explanation for how the Court divided on the standing question, and, as a result, provided important information about the positions of the justices on the issue. While it is not binding as a decision for the lower courts except …
New Models For The Compensation Of Natural Resources Damage,
2012
Maastricht University
New Models For The Compensation Of Natural Resources Damage, Michael Faure, Jing Liu
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Monsanto Co. V. Geerston Seed Farms: Limiting District Courts' Equitable Discretion To Grant Permanent Injunctions For Nepa Violations,
2012
University of Maryland Francis King Carey School of Law
Monsanto Co. V. Geerston Seed Farms: Limiting District Courts' Equitable Discretion To Grant Permanent Injunctions For Nepa Violations, Nicole E. Grimm
Journal of Business & Technology Law
No abstract provided.
A State-Based National Network For Effective Wildlife Conservation,
2012
University of Idaho, College of Law
A State-Based National Network For Effective Wildlife Conservation, Dale Goble
Articles
State wildlife conservation programs provide a strong foundation for biodiversity conservation in the United States, building on state wildlife action plans. However, states may miss the species that are at the most risk at rangewide scales, and threats such as novel diseases and climate change increasingly act at regional and national levels. Regional collaborations among states and their partners have had impressive successes, and several federal programs now incorporate state priorities. However, regional collaborations are uneven across the country, and no national counterpart exists to support efforts at that scale. A national conservation-support program could fill this gap and could …
Winter Creek,
2012
UC Law SF
Signs, Signs, Everywhere Signs: The Wilderness Society V. Kane County Leaves Everyone Confused About Navigating A Right-Of-Way Claim Under Revised Statute 2477, Hillary M. Hoffmann
UC Law Environmental Journal
No abstract provided.
Tidal Zone,
2012
UC Law SF
It’S A Question Of Proportionality: Proposition 26’S Impacts On Funding For The Global Warming Solutions Act Of 2006,
2012
UC Law SF
It’S A Question Of Proportionality: Proposition 26’S Impacts On Funding For The Global Warming Solutions Act Of 2006, Mary Holing
UC Law Environmental Journal
No abstract provided.
