Actually, We Did Start The Fire, And It Keeps On Burning: The Environmental Health Effects Of Military Burn Pits In Afghanistan And Iraq,
2012
Villanova University Charles Widger School of Law
Actually, We Did Start The Fire, And It Keeps On Burning: The Environmental Health Effects Of Military Burn Pits In Afghanistan And Iraq, Michael Riess
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Food Fight: The Impending Agricultural Crisis And A Reasonable Response To Price Volatility,
2012
Villanova University Charles Widger School of Law
Food Fight: The Impending Agricultural Crisis And A Reasonable Response To Price Volatility, Aaron Sternick
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The California Project: Federal Government Continues Trend Of Preempting State Law In The Field Of Nuclear Safety In Boeing Co. V. Robinson,
2012
Villanova University Charles Widger School of Law
The California Project: Federal Government Continues Trend Of Preempting State Law In The Field Of Nuclear Safety In Boeing Co. V. Robinson, Denis Yanishevskiy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Slick Situation: The First Circuit Creates A Buzz And Turns To Nepa To Strengthen Federal Oil Spill Regulation In United States V. Coalition For Buzzards Bay,
2012
Villanova University Charles Widger School of Law
A Slick Situation: The First Circuit Creates A Buzz And Turns To Nepa To Strengthen Federal Oil Spill Regulation In United States V. Coalition For Buzzards Bay, Sally Braeuer
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Providing Another Leg To Stand On - A Question Of The Zone Of Interests In Challenging Agency Decision-Making Under The Air Pollution Control Act,
2012
Villanova University Charles Widger School of Law
Providing Another Leg To Stand On - A Question Of The Zone Of Interests In Challenging Agency Decision-Making Under The Air Pollution Control Act, Bill Welkowitz
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Flooding The Possibility Of Recovery Under A Temporary Takings Analysis: The Drowning Effects Of Arkansas Game & Fish Commission V. United States,
2012
Villanova University Charles Widger School of Law
Flooding The Possibility Of Recovery Under A Temporary Takings Analysis: The Drowning Effects Of Arkansas Game & Fish Commission V. United States, Magdalene Carter
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Success And Continued Challenges Of The Yolo Bypass Wildlife Area: A Grassroots Restoration,
2012
Pacific McGeorge School of Law
The Success And Continued Challenges Of The Yolo Bypass Wildlife Area: A Grassroots Restoration, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Livestock And Climate Change – Annotated Bibliography,
2012
Columbia Law School
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Sabin Center for Climate Change Law
Over the past two decades, efforts to address climate change have primarily focused on reducing carbon dioxide (CO2) from fossil fuel combustion. The potential contribution of livestock production to climate change has been largely overlooked. Recent scholarship suggests that activities related to livestock production constitute a significant proportion of anthropogenic greenhouse gas (GHG) emissions. Although estimates of livestock’s contribution to our overall GHG emissions range broadly – from 18% to 51% – there is no question that this impact warrants serious consideration from policy makers.
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,
2012
Columbia Law School, Sabin Center for Climate Change Law
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
Sabin Center for Climate Change Law
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.
Agricultural Revolutions And Agency Wars: How The 1950s Laid The Groundwork For "Silent Spring",
2012
Texas A&M University School of Law
Agricultural Revolutions And Agency Wars: How The 1950s Laid The Groundwork For "Silent Spring", Roger E. Meiners, Andrew P. Morriss
Faculty Scholarship
This chapter from the book Silent Spring at 50 analyzes the 1950s struggle over US food policy between USDA and FDA and how that struggle set the stage for the impact of Rachel Carson’s Silent Spring. Using a public choice/interest group analysis, the chapter examines how the two agencies reacted to the large scale transformation of US agriculture and food production during and following World War II. Just as agriculture underwent a dramatic productivity revolution that changed the face of American farming, marketing, new home appliances, and increased participation in the labor force by women radically changed the kinds of …
Silent Spring At 50,
2012
Texas A&M University School of Law
Silent Spring At 50, Roger Meiners, Pierre Desrochers, Andrew P. Morriss
Faculty Scholarship
This introduction from the book Silent Spring at 50 describes the various contributors’ insights into Rachel Carson’s landmark work. The authors come from a variety of disciplines, including conservation biology, English, law, and economics, and offer critical assessments of Silent Spring and its legacy. The first part has three chapters that put the book into the context of its time, examining it in light of Carson’s previous books on the sea (Wallace Kaufman); the larger tradition of authors warning against human hubris in environmental matters (Pierre Desrochers & Hiroko Shimizu); and the contest between “environmental religion” and “economic religion” that …
Chair's Message,
2012
Benjamin N. Cardozo School of Law
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?,
2012
Vanderbilt University Law School
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, J.B. Ruhl, David L. Markell
Vanderbilt Law School Faculty 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 …
Global Public Goods, Governance Risk, And International Energy,
2012
Vanderbilt University Law School
Global Public Goods, Governance Risk, And International Energy, Timothy Meyer
Vanderbilt Law School Faculty Publications
Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. In this symposium article, I argue that the emphasis on the potential of issue linkages to facilitate cooperation in these ways has caused commentators to underestimate how common features of international legal institutions designed to accomplish these aims can actually undermine those institutions’ ability to facilitate cooperation. I focus on two features of institutional design that are intended to encourage participation in public goods institutions but can create the risk …
Clean Energy And The Price Preemption Ceiling,
2012
Vanderbilt University Law School
Clean Energy And The Price Preemption Ceiling, Jim Rossi
Vanderbilt Law School Faculty Publications
Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the federal standard as a preemption ceiling, which prohibits states from setting prices that exceed the wholesale price set in a competitive market. Both appellate courts and the Federal Energy Regulatory Commission - the primary federal agency responsible for the electric power sector - have recently applied a price preemption ceiling to clean energy policies. I argue in this Article that this price ceiling preemption approach hobbles the advancement of …
Genealogies Of Risk: Searching For Safety, 1930s-1970s,
2012
University of Colorado Law School
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Publications
Health, safety, and environmental regulation in the United States are saturated with risk thinking. It was not always so, and it may not be so in the future. But today, the formal, quantitative approach to risk provides much of the basis for regulation in these fields, a development that seems quite natural, even necessary. This particular approach, while it drew on conceptual and technical developments that had been underway for decades, achieved prominence during a relatively short timeframe; roughly, between the mid-1970s and the early 1980s--a time of hard looks and regulatory reform. Prior to this time, formal conceptions of …
Water Rights, Markets, And Changing Ecological Conditions,
2012
William & Mary Law School
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Faculty Publications
Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …
Exporting Waste: Regulation Of The Export Of Hazardous Wastes From The United States,
2012
Southern Methodist University, Dedman School of Law
Exporting Waste: Regulation Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
The international trade in hazardous wastes has been a subject of controversy for decades. Notorious examples of hazardous wastes being improperly disposed of in Africa have created concern about the legitimacy of developed western countries “dumping” the hazardous byproducts of their industrial development on less-developed countries.
This article examines the legal bases for EPA’s regulation of the exports of hazardous waste under the Resource Conservation and Recovery Act. It contains a detailed examination of EPA’s complex sets of export regulations and provides data on the actual scope of exports reported to EPA. It examines a series of questions regarding EPA’s …
The Role Of Statutory And Local Rules In Allocating Water Between Large- And Small-Scale Irrigators In An African River Catchment,
2012
Boston University School of Law
The Role Of Statutory And Local Rules In Allocating Water Between Large- And Small-Scale Irrigators In An African River Catchment, Hans Komakech, Madison Condon, Pieter Van Der Zaag
Faculty Scholarship
This paper presents a case study of large- and small-scale irrigators negotiating for access to water from Nduruma River in the Pangani River Basin, Tanzania. The paper shows that despite the existence of a formal statutory water permit system, all users need to conform to the existing local rules in order to secure access to water. The spatial geography of Nduruma is such that smallholder farmers are located upstream and downstream, while large-scale irrigators are in the midstream part of the sub-catchment. There is not enough water in the river to satisfy all demands. The majority of the smallholder farmers …
Saving The Puget Sound Wild Salmon Fishery,
2012
Seattle University School of Law
Saving The Puget Sound Wild Salmon Fishery, George Van Cleve
Faculty Articles
This article focuses on the prevention of future habitat losses. Part I explores flaws in how existing law deals with habitat protection and outlines alternative policies to improve it. Part II charts the decline of the Puget Sound salmon fishery and discusses the scientific support for the conclusion that habitat protection and restoration is a central element in restoring it. Part III considers how effective administrative action and related endangered species litigation are likely to be as means of protecting habitat. Since Native American tribes face very severe harm from the fishery's potential destruction, Part III also explores their distinctive …
