Environmental Law Commons^™

Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore

Faculty Scholarship

No abstract provided.

Preemption In Green Marketing: The Case For Uniform Federal Marketing Definitions, Robert B. White

Indiana Law Journal

No abstract provided.

Beyond Chemicals: The Lessons That Toxic Substance Regulatory Reform Can Learn From Nanotechnology, Scott Bomkamp

Indiana Law Journal

No abstract provided.

Workers At Risk: Regulatory Dysfunction At Osha, Thomas Mcgarity, Rena I. Steinzor, Sidney A. Shapiro, Matthew Shudtz

Faculty Scholarship

The Occupational Safety and Health Administration was born with a heavy load to bear – the obligation of ensuring that every worker in America has a safe and healthful workplace for his or her entire working life. In its early years, OSHA acted with great vigor, establishing important standards for occupational health and safety that have prevented hundreds of thousands of injuries and illnesses. But the agency has not aged gracefully. Today its enforcement staff is stretched thin and the rulemaking staff struggle to produce health and safety standards that can withstand industry legal challenges. In short, OSHA is a …

An Empirical Survey Of Climate Change Litigation In The United States, David Markell, J. B. Ruhl

Scholarly Publications

A quickly growing number of commentators have suggested that the U.S. courts are already significant drivers of climate change policy, and that their role is likely to increase. In addition to fashioning law on their own, judicial decisions have significant implications for the work of the other branches of government. This Article provides a chronicling of every climate change case filed through December 31, 2009 (more than 130 such cases). It presents basic information about the cases, e.g., the types of cases, where they have been brought, the types of parties involved, and the outcomes. It also analyzes the data …

Ocean Policy: A Canadian Case Study, Camille Mageau, David Vanderzwaag, Susan Farlinger

Articles, Book Chapters, & Popular Press

Over the years, Canada, like most other coastal nations, has developed an intricate set of policies and regulatory instruments focused on the management of traditional sectoral uses of the oceans. A decade ago, the necessary steps were taken to modernise the way in which Canadian authorities manage ocean-based activities.

Canada did not set out to design “one” comprehensive, all inclusive oceans policy. The primary approach taken was to identify, through Canada’s Oceans Act, one federal lead authority responsible for the coordination and harmonisation of existing policy and statutory instruments and to formulate a national vision and guiding principles for oceans …

The Gulf Of Maine Boundary Dispute And Transboundary Management Challenges: Lessons To Be Learned, David Vanderzwaag

Articles, Book Chapters, & Popular Press

One might be cynical about the usefulness of trying to draw legal guidance from a judicial determination of a United States-Canada dispute admitted by the judges themselves to be geographically unique. As stated by the majority of the judges in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine Case) decision:

"Although the practice is still rather sparse, owing to the relative newness of the question, it too is there to demonstrate that each specific case is, in the final analysis, different from all the others, that it is monotypic and that, …

A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks

Articles, Book Chapters, & Popular Press

The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.

The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the implications of the Copenhagen climate talks in December 2009 for the future of the international climate change regime.

Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is …

The Copenhagen Climate Talks: The End Of The Road For The Unfcc Or A Step Forward In The Evolution Of The Regime, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper offers an overview of the key outcomes of the 2009 climate negotiations in Copenhagen and consider their implications for the evolution of the UN Climate Regime.

A Gulf United: Canada-Us Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine, Lawrence Hildebrand, Aldo Chircop

Articles, Book Chapters, & Popular Press

In 1989, the Northeastern states of Maine, Massachusetts, and New Hampshire in the United States and the neighboring Canadian Provinces of New Brunswick and Nova Scotia embarked upon a new form of regional marine environmental cooperation when their governors and premiers adopted the Agreement on Conservation of the Marine Environment of the Gulf of Maine Between the Governments of the Bordering States and Provinces.

A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks

Articles, Book Chapters, & Popular Press

The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.

Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen

Law Faculty Publications

After examining the theory of disruptiveness and the inadequacy of current initiatives for renewables, I argue for a disruptive solution to solar. Achieving the kind of deployment that would be required to make a serious down payment on our climate obligations will take something far different than we have seen to date: companies devoted to national (or at least regional), large-scale installations of solar technology, and which are deeply capitalized and willing to take risks to bring solar to many homeowners. I will term these "solar utilities,'' and I propose that one or more of them should take over the …

Comments: Recovery Of Epa Oversight Costs From A Broad Reading Of Cercla, Aaron Kelly

University of Baltimore Law Review

No abstract provided.

Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank

St. Mary's Law Journal

Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …

Greenhouse Gas Regulation Under The Clean Air Act: Does Chevron Set The Epa Free, Nathan D. Richardson

Faculty Publications

No abstract provided.

Comprehensive Planning, Dominant-Use-Zones, And User Rights: A New Era In Ocean Governance, James N. Sanchirico, Josh Eagle, Steve Palumbi, Barton H. Thompson Jr.

Faculty Publications

Ocean-zoning arguments often center on the biology of ocean species, the geography of fishing-use patterns, and the need for preventing use conflicts. Here we expand this discussion to the social and legal aspects of ocean zoning, focusing on comprehensive planning, segregation of activities into use-priority areas, and the allocation of user rights within each zone. The inclusion of all of these features within an ocean-zoning regime can be a catalyst for a variety of ancillary benefits, including opportunities for user groups to form informal or formal long-lived institutions and a reassessment of the focus and scope of the regulatory institutions …

Foundations: The Public Domain And Natural Resources Law 1785 - 1960, Richard J. Finkmoore

Faculty Scholarship

No abstract provided.

Regulatory Adaptation In Fractured Appalachia, Hannah J. Wiseman

Scholarly Publications

America faces a growing energy challenge. We require energy for our every activity, yet we increasingly recognize that there are no easy energy solutions. Reliance upon traditional fossil fuels – many of them imported – jeopardizes our national security and releases harmful emissions, yet renewable energy technologies require high capital investments and have environmental impacts of their own. As we address this challenge and move toward a more sustainable energy future, “bridge fuels” like domestically-produced natural gas offer a near-term compromise between renewables and traditional fossil fuels. A growing quantity of bridge fuel in the form of domestic natural gas …