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18,477 Full-Text Articles 14,980 Authors 12,529,399 Downloads 217 Institutions

All Articles in Environmental Law

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18,477 full-text articles. Page 441 of 494.

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 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, Aaron Sternick 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, Denis Yanishevskiy 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, Sally Braeuer 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, Bill Welkowitz 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, Magdalene Carter 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, Rachael E. Salcido 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, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz 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, Shelley Welton 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", Roger E. Meiners, Andrew P. Morriss 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, Roger Meiners, PIerre Desrochers, Andrew P. Morriss 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, Michael Herz 2012 Benjamin N. Cardozo School of Law

Chair's Message, Michael Herz

Articles

No abstract provided.


An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, J.B. Ruhl, David L. Markell 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, Timothy Meyer 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, Jim Rossi 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, William Boyd 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, Jonathan H. Adler 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, Jeffrey M. Gaba 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, Hans Komakech, Madison Condon, Pieter van der Zaag 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, George Van Cleve 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 …


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