The Development Of Environmental Governance Regimes: A Chinese-Inspired Reconstruction,
2010
Washington and Lee University School of Law
The Development Of Environmental Governance Regimes: A Chinese-Inspired Reconstruction, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
The challenge of protecting the biosphere has both salient academic and policy dimensions. On the academic side, persistent efforts have been made in the field of socio-legal studies to enhance the understanding of the complex processes involved, in the domestic arena and on the international front, in the formation and transformation of the elaborate institutional arrangements designed to contribute to this goal. The scholars engaged in those efforts have pursued divergent paths, but one school of thought has moved decisively to the forefront. China’s experience does not cast doubt on its relevance, or even prominence, yet it suggests that multi-pronged …
International Greenhouse Gas Offsets Under The Clean Air Act,
2010
University of South Carolina - Columbia
International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson
Faculty Publications
Offsets, and in particular international offsets, have been advanced as an important tool in climate policy, capable of significantly reducing the costs of emissions reductions. As attention turns to the existing CAA as a potential vehicle for general reduction of GHG emissions, an important question is whether regulation under the statute is compatible with international offsets. Certain regulatory programs under the CAA are likely candidates for GHG regulation, but many of them are legally incompatible with international offsets. Those programs that might permit use of international offsets have other problems that make them unpopular choices for GHG regulation. To the …
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008,
2010
Yale Law School
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Michigan Law Review First Impressions
The Lacey Act was first enacted in 1900 as a narrow measure for domestic bird preservation and agriculture protection. It was significantly amended in 1981 and 1988 to prohibit trafficking in fish and wildlife "taken, possessed, transported, or sold" in violation of state and foreign laws. For the past three decades, the amended statute has provided the federal government with a powerful tool for regulating imports of fish and wildlife. In 2008 Congress expanded its reach still further, responding to widespread concern about the effects of illegal logging on local governance, the environment, and American business by extending the Act's …
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions,
2010
Tulane University Law School
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Pace International Law Review Online Companion
No abstract provided.
A Complicated Environment: The Problem
With Extending Victims' Rights To Victims
Of Environmental Crimes,
2010
Washington and Lee University School of Law
A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins
Washington and Lee Law Review
No abstract provided.
Legal Barriers To Sub-National Governance Techniques By U.S. States For Renewable Energy Promotion And Ghg Control,
2010
Suffolk University Law School
Legal Barriers To Sub-National Governance Techniques By U.S. States For Renewable Energy Promotion And Ghg Control, Steven Ferrey
Suffolk University Law School Faculty Works
The attempt by many U.S. states to copy verbatim the European model of feed-in tariffs to promote renewable power and recent efforts of states to promote their renewable power development or greenhouse gas (“GHG”) emission restrictions have been successfully challenged legally in the past few months. These challenges have reinforced that these E.U. and Kyoto mechanisms employed by the states in the U.S. as a governance tool, run afoul of the U.S. Constitution. Renewable and climate change policy in the U.S. is undertaken by regulatory actions at the state, rather than federal, level. This is a significant issue going forward …
The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications,
2010
University of Michigan Law School
The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications, Lynn K. Neuner, W. Nicholson Price
Articles
More than 300 lawsuits have already been filed in Louisiana, Florida, Texas, Mississippi, and Alabama against BP and other corporations involved in the Deepwater Horizon oil spill, including Transocean, Halliburton, and Cameron, with thousands more anticipated. This article briefly addresses the contours of the coverage lawsuit already filed against BP and other coverage disputes we may see in the future.
Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes,
2010
University of Michigan Law School
Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah
Law & Economics Working Papers
This paper addresses three questions: 1. Is regulation a legitimate goal for taxation? 2. Which tax is best suited for regulation? 3. Would it be better to allocate just one goal per tax among the major taxes (individual and corporate income tax and VAT)? It then analyzes the proposed bank tax and the enacted health care tax as regulatory taxes, and concludes that the first is desirable (as is a carbon tax) but the second is not.
From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers,
2010
University of Maryland School of Law
From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers, Rebecca Bratspies, Alyson Flournoy, Thomas Mcgarity, Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz
Faculty Scholarship
Eleven workers died on April 20, 2010, when the Deepwater Horizon oil drilling platform exploded beneath them. Since then, tens of thousands of workers have toiled under difficult conditions to stop the leak and clean up the mess. For these workers, the spill is more than an environmental and economic disaster; it poses straightforward and serious risks to their health and safety. Oil is toxic, as are the dispersants used liberally by BP to contain it. BP’s foul up is not the first significant oil spill in the nation’s history, nor even the first in the Gulf. The oil companies …
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia),
2010
Pace University
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
Pace International Law Review Online Companion
No abstract provided.
Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship,
2010
Pace University School of Law
Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship, Elaine C. Hsiao
Dissertations & Theses
Peace parks provide a land ethic that transcends borders and seeks to stabilize tensions between bordering States, honoring the unity of biosphere systems in its efforts to achieve peace, conservation and cooperation. In theory, peace parks recognize that humans and the biosphere are one and that natural resources, just as cultural resources, must be collaboratively protected. In the cases of inhabited border regions, peace park principles of holistic conservation, cooperation and peace require that local communities be incorporated into park management. I posit that this is all the more true for frontier communities in regions of conflict, weak governance or …
Re-Examining Acts Of God,
2010
Washington and Lee University School of Law
Re-Examining Acts Of God, Jill M. Fraley
Scholarly Articles
For more than three centuries, tort law has included the notion of an act of God as something caused naturally, beyond both man's anticipation and control. Historically, the doctrine applied to extraordinary manifestations of the forces of nature, including floods, earthquakes, blizzards, and hurricanes. Despite the significance of the doctrine, particularly in large-scale disasters, scholars rarely engage the act of God defense critically. However, recently, the doctrine has received more substantial criticism. Denis Binder argued that the doctrine should be repudiated as merely a restatement of existing negligence principles Joel Eagle criticized the doctrine, suggesting that it should not exclude …
Baselines Newsletter, No. 6, Summer/Fall 2010,
2010
University of Colorado Law School
Baselines Newsletter, No. 6, Summer/Fall 2010, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
Environmental Law,
2010
Mercer University School of Law
Environmental Law, Travis M. Trimble
Mercer Law Review
In this survey period, the United States Court of Appeals for the Eleventh Circuit decided two cases addressing the scope of agency discretion to interpret statutes. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit held that the Environmental Protection Agency's adoption of the "unitary waters" definition of navigable waters under the Clean Water Act was reasonable even though that approach had been universally rejected by the courts as an interpretation of the statute prior to the agency's rule. In Miccosukee Tribe of Indians of Florida v. United States, the Eleventh Circuit upheld …
Climate Refugees Require Relocation Assistance: Guaranteeng Adequate Land Assets Through Treaties Based On The National Adaptation Programmes Of Action,
2010
University of Washington School of Law
Climate Refugees Require Relocation Assistance: Guaranteeng Adequate Land Assets Through Treaties Based On The National Adaptation Programmes Of Action, Holly D. Lange
Washington International Law Journal
Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of “climate refugees” will be forced to move off their island homes and, without provisions of adequate land rights, will most likely end up in refugee camps in other countries. Climate change exemplifies an inherently global challenge. Developed countries produce disproportionately more greenhouse gases, and developing countries lack resources to adequately respond to climatic displacement. International treaties establish a legal responsibility to assist developing states adapt to climate change. However, …
Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine?,
2010
Benjamin N. Cardozo School of Law
Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine?, Stewart E. Sterk
Articles
During the 1990s, modern portfolio theory provided the theoretical foundation for significant reforms in trust investment doctrine-reforms that freed trustees from a legal regime in which they faced potential liability for making "speculative" investments. The reforms enabled trustees to pursue investment policies that protected beneficiaries against inflation risk. But the reforms worked too well; they encouraged trustees to invest a higher percentage of trust assets in equities just in time for a decade that has seen two precipitous stock market declines. Although no sensible investment strategy would have avoided losses during these periods of market turmoil, the doctrinal reforms endorsed …
Ecosystem Services And The Value Of Land,
2010
Duke Law
Ecosystem Services And The Value Of Land, Adam I. Davis
Duke Environmental Law & Policy Forum
No abstract provided.
The Role Of Federal Policy In Establishing Ecosystem Service Markets,
2010
Duke Law
The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono
Duke Environmental Law & Policy Forum
No abstract provided.
Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?,
2010
West Virginia University College of Law
Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger
Law Faculty Scholarship
No abstract provided.
Conservation Easements And Adaptive Management,
2010
West Virginia University College of Law
Conservation Easements And Adaptive Management, Jesse Richardson
Law Faculty Scholarship
The perpetual nature of conservation easements makes adaptive management difficult on easement property. Various easement provisions may be used to incorporate adaptive management principles into a conservation easement, but various factors, including state statutory requirements and Internal Revenue Code requirements for deductibility, limit the flexibility of management on conservation easement lands. Jesse Richardson discusses how conservation easements limit implementation of adaptive management principles on protected lands. Case studies of conservation easements that now fail to fulfill the original conservation purpose, but are locked into perpetual conservation, illustrate the limitations of conservation easements. Richardson also discusses likely future conflicts between conservation …
