Environmental Law Commons^™

The Problem Of Enforcing Nature's Rights Under Ecuador's Constitution: Why The 2008 Environmental Amendments Have No Bite, Mary Elizabeth Whittenmore

Washington International Law Journal

In 2008, Ecuador became the first nation to give rights to nature when it ratified constitutional amendments (new articles 71-74) that grant the environment the inalienable right to exist, persist, and be respected. Environmentalists hope Ecuador’s amendments will lead to improvement in a country devastated by resource exploitation, and that other countries will follow. Yet, many wonder whether the amendments will be enforced. This comment argues that—all things considered—successful execution of the amendments is unlikely. Ecuador’s President has not demonstrated a sincere intention or ability to implement the amendments. Further, plaintiffs who sue under the amendments face significant legal barriers, …

Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.

The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …

Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver

Washington and Lee Law Review

No abstract provided.

Table Of Content, Colorado Journal Of International Law And Policy

Colorado Environmental Law Journal

No abstract provided.

General Design Principles For Resilience And Adaptive Capacity In Legal Systems--With Applications To Climate Change Adaptation, J.B. Ruhl

Vanderbilt Law School Faculty Publications

No force has put more pressure on the legal system than is likely to be exerted as climate change begins to disrupt the settled expectations of humans. Demands on the legal system will be intense and long-term, but is the law up to the task? If it is, it will at least in part be because the legal system proves to be resilient and adaptive. The question this Article explores, therefore, is how to think about designing legal instruments and institutions now with confidence they will be resilient and adaptive to looming problems as massive, variable, and long-term in scale …

“Going Green” The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

W&M Law Student Publications

This Article explores the constitutionality of green building laws that require developers to comply with the sustainable construction rating system promulgated by the United States Green Building Council ("USGBC"), a private, non-governmental interest group. The Article reviews how the USGBC creates the standards for its rating system and then modifies these standards without gaining approval from any governmental body, thereby changing the legal rules with which private citizens and constructors must comply. The Article argues that, because the USGBC can unilaterally change the law, many green building policies undermine political accountability and violate the doctrine of nondelegation. The Article concludes …

Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law

18 slides

Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project

Best Management Practices (BMPs): What? How? And Why? (May 26)

The Environmentally Friendly Drilling Systems (EFD) Program, managed by the Houston Advanced Research Center, works to identify, develop and transfer critical, cost effective, new technologies that can provide policy makers and industry with the ability to develop natural gas reserves in a safe and environmentally friendly manner. Funding for the EFD Program is through a grant from the Research Partnership to Secure Energy for America, established under the 2005 Energy Act. Within the EFD Program, some projects focus on technologies for developing energy sources in environmentally sensitive areas; others (like the NRLC’s BMP Project) seek ways to reduce the environmental …

Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming

15 slides

Slides: Bmps For Reclamation: Do We Know What Is Effective?, Peter Stahl

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Pete Stahl, Wyoming Reclamation and Restoration Center

19 slides

Slides: The Economic Benefits Of Completing Initial Reclamation Successfully For Oil And Gas, David Chenoweth, David Holland, Gerald Jacob, Lindsey Kruckenberg, John Rizza, Bryan Whiteley

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenters: Joe Schneider and Colby Reid, Western States Reclamation, Inc.

34 slides

Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Eric Biltonen, PhD, Environment Economist, Houston Advanced Research Center

8 slides

Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

19 slides

Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Ginny Brannon, Colorado Department of Natural Resources

7 slides

Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

20 slides

Slides: Environmentally Friendly Drilling Systems Program, Rich Haut

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Rich Haut, Houston Advanced Research Center

6 slides

Slides: Collaborative Planning And Lessons Learned, Matt Sura

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Matt Sura, University of Colorado Law School

48 slides

Unanswered Questions From The Vaccine Injury Compensation Program: A Review Of Compensated Cases Of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, Lisa Colin

Pace Environmental Law Review

No abstract provided.

Opening The Industry Playbook: Myths And Truths In The Debate Over Bpa Regulation, Thomas Mcgarity, Rena I. Steinzor, Matthew Shudtz, Lena Pons

Faculty Scholarship

For the last two decades, scientists have amassed evidence that bisphenol A (BPA) poses a threat to human health.  Although scientists have targeted BPA as a public health concern, plastics industry lobbyists have attempted to thwart the efforts of federal, state, and local authorities to reduce exposure to BPA.  This paper reviews the major arguments advanced by the plastics industry and debunks them as “myths” that public health officials must reject.  The five topics covered include:  the myth of scientific consensus on safety; the myth that only studies complying with “Good Laboratory Practices” guidelines are adequate for making regulatory decisions; …

Breaking The Transsubstantive Pleading Mold: Public Interest Environmental Litigation After Ashcroft V. Iqbal, Scott Foster

William & Mary Environmental Law and Policy Review

No abstract provided.