The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights,
2012
Cleveland State University
The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley
Global Business Law Review
The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA (Resource Conservation and Recovery Act) Citizen suit provision, barring any remedy for the Ohio citizens who brought the suit. This flawed interpretation has been adopted nationwide by other Appellate Circuit Courts. This article compares the remedies available to U.S. citizens for environmental harms with those remedies available to the citizens under …
Reflecting On Measured Deliberations,
2012
Elisabeth Haub School of Law at Pace University
Reflecting On Measured Deliberations, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
“Environmental law is essential for the protection of natural resources and ecosystems and reflects our best hope for the future of our planet”. This declaration, made by participants at the Rio+20 World Congress on Justice, Governance and Law for Environmental Sustainability, reflects the maturing of environmental law around the world. Usually implicitly, but often explicitly, the deliberations at Rio+20 in June 2012 addressed the dual needs for more effective implementation of existing environmental norms and enacting further laws to stem global degradation of the environment. Rio+20 recommended that, in the autumn of 2012, the United Nations General Assembly (UNGA) act …
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes,
2012
Elisabeth Haub School of Law at Pace University
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The Supreme Court’s decisions under the pollution control statutes administered by the Environmental Protection Agency (EPA) reach startlingly anti-environmental results, but they are explained more by the Court’s overwhelming hostility toward the private enforcement of statutes, rather than an anti-environmental bias. Adding insult to injury, in one of the rare victories for private environmental plaintiffs in those decisions, Justice Kennedy queried whether citizen suits intrude on the President’s Article II executive power and violate the separation of power principles. While other Justices have raised the same concern, Justice Kennedy’s invitation is particularly significant because he is a swing vote in …
Consideration Of Climate Change In Federal Eiss, 2009-2011,
2012
Columbia Law School, Sabin Center for Climate Change Law
Consideration Of Climate Change In Federal Eiss, 2009-2011, Patrick Woolsey
Sabin Center for Climate Change Law
In recent years, climate change has become an increasingly prominent subject of discussion in EISs. A comparison of agency approaches to EIS scope and methodology shows widely varying treatment of climate change impacts. Agencies differ in the methods used to calculate emissions and assess their significance. In addition, the types of indirect impacts addressed and the extent to which the impacts of climate change on the project are included vary.
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs,
2012
Columbia Law School, Sabin Center for Climate Change Law
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs, Erin Parlar, Michael Babakitis, Shelley Welton
Sabin Center for Climate Change Law
Regulating leakage presents potential legal challenges: in our federal governmental structure, states are limited by the Constitution in the extent to which they can regulate activities occurring beyond their own borders, and may be preempted by federal statutes from regulating certain interstate activities altogether. This paper analyzes the legal hurdles that RGGI may face should it choose to address emissions leakage through regulating imported electricity. It focuses on two legal issues in particular, which are generally thought to be the most likely arguments raised against imports regulations: (1) whether imports regulations violate the dormant Commerce Clause (DCC) of the Constitution; …
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions,
2012
University of South Carolina - Columbia
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Faculty Publications
No abstract provided.
Conservation Reliant-Species,
2012
University of Idaho, College of Law
Conservation Reliant-Species, Dale Goble
Articles
A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …
American Natures: The Shape Of Conflict In Environmental Law,
2012
Duke Law School
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
The Egrets Of Marin,
2012
UC Law SF
Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon,
2012
UC Law SF
Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon, Abby J. Queale
UC Law Environmental Journal
No abstract provided.
Denali,
2012
UC Law SF
Keeping Dry Streams Green: Can Landowners In Arizona And California Use Property Rights To Maintain Groundwater-Dependent Riparian Habitat Along Non-Perennial Watercourses?, Christopher J. Losi
UC Law Environmental Journal
No abstract provided.
Civil Conspiracy Up In Smoke: How Similar Are Cigarettes And Smokestacks?,
2012
UC Law SF
Civil Conspiracy Up In Smoke: How Similar Are Cigarettes And Smokestacks?, Henry Steinberg
UC Law Environmental Journal
No abstract provided.
Wind Energy Development: Can Wind Power Overcome Substantial Hurdles To Reach The Grid?,
2012
UC Law SF
Wind Energy Development: Can Wind Power Overcome Substantial Hurdles To Reach The Grid?, Steve Goodman
UC Law Environmental Journal
No abstract provided.
Splash,
2012
UC Law SF
Creating A Category Under The Kyoto Protocol Based On Non Emissions,
2012
UC Law SF
Creating A Category Under The Kyoto Protocol Based On Non Emissions, Erin Sedloff
UC Law Environmental Journal
No abstract provided.
Fallen Tree,
2012
UC Law SF
Water Reuse In The West: State Programs And Institutional Issues. A Report Complied By The Western States Water Council,
2012
UC Law SF
Water Reuse In The West: State Programs And Institutional Issues. A Report Complied By The Western States Water Council, Nathan S. Bracken
UC Law Environmental Journal
No abstract provided.
Interstate Competition And The Race To The Top,
2012
Case Western University School of Law
Interstate Competition And The Race To The Top, Jonathan H. Adler
Faculty Publications
This essay, based on remarks at the 211 Federalist Society Student Symposium, discusses some of the benefits of federalism. Many of the benefits of federalism derive from interjurisdictional competition, as competition among jurisdictions is a powerful means to discover and promote welfare-enhancing policies. Decentralizing authority over various policy matters also leaves states free to account for regional variation and can facilitate policy discovery and entrepreneurship and reduce the risks of policy failures. While the arguments for decentralization are strong, there are persuasive justifications for federal intervention in some instances, such as the existence of interstate spillovers. Fears of a “race …
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?,
2012
Florida State University College of Law
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
Scholarly Publications
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …
