The Missouri River: Law, Politics, And Creatures Caught In The Conflicts,
2010
University at Buffalo School of Law
The Missouri River: Law, Politics, And Creatures Caught In The Conflicts, Brook A. Spear
Buffalo Environmental Law Journal
No abstract provided.
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law,
2010
Manasseh, Gill, Knipe & Belanger
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Buffalo Environmental Law Journal
No abstract provided.
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward,
2010
University of San Diego
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
San Diego International Law Journal
This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.
Evolving Regulation In The New Energy Boom States,
2010
Florida State University College of Law
Evolving Regulation In The New Energy Boom States, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis,
2010
University of Michigan Law School
Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen
University of Michigan Journal of Law Reform
Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …
Abuse Of The Warranted But Precluded Designation: A Real Or Imagined Purgatory,
2010
University of South Carolina
Abuse Of The Warranted But Precluded Designation: A Real Or Imagined Purgatory, K. Mollie Smith
Southeastern Environmental Law Journal
No abstract provided.
Smart Growth: The Toolbox For Addressing Sprawling Development In Coastal South Carolina,
2010
University of South Carolina
Smart Growth: The Toolbox For Addressing Sprawling Development In Coastal South Carolina, Stephanie Ramia
Southeastern Environmental Law Journal
No abstract provided.
The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution,
2010
Singapore Management University
The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
The European Union (EU), with its 27 Member States, has a coastline 70, 000 km along two oceans and four seas. Its well-being is therefore inextricably linked with the sea.' Europe plays a major role in today's shipping world, 41% of the world's total fieet (in dwt) is beneficially controlled by European companies.^ Ensuring that the use of the marine environment is genuinely sustainable is a prerequisite for the EU's sea-related industries to be competitive.
Ecology Comes Of Age: Nepa’S Lost Mandate,
2010
Duke Law
Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen
Duke Environmental Law & Policy Forum
No abstract provided.
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts,
2010
University of Miami Law School
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
University of Miami International and Comparative Law Review
Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to which …
Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines,
2010
Dalhousie University Schulich School of Law
Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal
PhD Dissertations
Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …
Supplying The Light At The End Of The Tunnel: Using State-Level Experience To Develop Federal-Level Renewable Energy Policy,
2010
University of South Carolina
Supplying The Light At The End Of The Tunnel: Using State-Level Experience To Develop Federal-Level Renewable Energy Policy, Joshua J. Houser
Southeastern Environmental Law Journal
No abstract provided.
Bridging The Gap: Using Social Psychology To Design Market Interventions To Overcome The Energy Efficiency Gap In Residential Energy Markets,
2010
University of South Carolina
Bridging The Gap: Using Social Psychology To Design Market Interventions To Overcome The Energy Efficiency Gap In Residential Energy Markets, Brandon Hofmeister
Southeastern Environmental Law Journal
No abstract provided.
Table Of Contents,
2010
University of South Carolina
Zoo Registrars: A Bewildering Bureaucracy,
2010
Duke Law
Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman
Duke Environmental Law & Policy Forum
No abstract provided.
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries,
2010
Duke Law
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Duke Environmental Law & Policy Forum
No abstract provided.
The Fluid Nature Of Property Rights In Water,
2010
Duke Law
The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer
Duke Environmental Law & Policy Forum
No abstract provided.
Ecosystem Services And The Clean Water Act: Strategies For Fitting New Science Into Old Law,
2010
Vanderbilt University Law School
Ecosystem Services And The Clean Water Act: Strategies For Fitting New Science Into Old Law, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act (CWA) regulatory programs as an example for all environmental laws. Part II of the Article reviews the relevant general rules of federal administrative law governing agency interpretation of the policy space available under statutory authority for integrating new science into decision making. Part III then explores the strategies an agency such as EPA can use under those rules to integrate the concept of ecosystem services into regulatory programs by searching for statutory provisions to support what I call "direct protection" …
Trick Or Treat: The Ethics Of Mediator Manipulation,
2010
Hamline University School of Law
Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love
Articles
Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …
Gas Flaring In Nigeria‘S Niger Delta: Failed Promises And Reviving Community Voices,
2010
Washington and Lee University School of Law
Gas Flaring In Nigeria‘S Niger Delta: Failed Promises And Reviving Community Voices, Eferiekose Ukala
Washington and Lee Journal of Energy, Climate, and the Environment
This Note examines the use of litigation to stop gas flaring in Nigeria’s Niger Delta, and proposes an alternative solution to the ongoing gas flaring in the Niger Delta region. In exploring an alternative solution, this Note (1) details the history of gas flaring in Nigeria; (2) discusses Nigeria’s gas-flaring legislation and its implementation; (3) analyzes the impact that landmark gas flaring cases have had on the stoppage of gas flaring; and (4) details how litigation has been used as a tool to combat gas flaring, juxtaposing the concept of the rule of law. This Note concludes by suggesting that …
