Soundscape Conservation In U.S. National Parks: Implications For Adjacent Land Use Planning,
2010
Purdue University
Soundscape Conservation In U.S. National Parks: Implications For Adjacent Land Use Planning, Sarah L. Dumyahn, Bryan C. Pijanowski
GIS Day
Humans have altered the Earth’s ecosystems and biodiversity significantly. With the conversion of land and the loss of biodiversity, the world loses its natural sounds. The loss of natural sounds is compounded by the growing intrusions of motorized noise. Noise pollution is a ubiquitous problem in cities around the world, but the issue is spreading to more remote areas due to expanding transportation networks, motorized recreation and urban sprawl. The U.S. National Park Service (NPS) recognizes park soundscapes, or entire acoustic environment of a given area, as resources just as air and water are resources. However, national park resources are …
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?,
2010
New York Law School Class of 2009
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment,
2010
Georgetown University Law Center
Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi Short, Michael W. Toffel
Georgetown Law Faculty Publications and Other Works
Using data from a sample of U.S. industrial facilities subject to the federal Clean Air Act from 1993 to 2003, this article theorizes and tests the conditions under which organizations’ symbolic commitments to self-regulate are particularly likely to result in improved compliance practices and outcomes. We argue that the legal environment, particularly as it is constructed by the enforcement activities of regulators, significantly influences the likelihood that organizations will effectively implement the self-regulatory commitments they symbolically adopt. We investigate how different enforcement tools can foster or undermine organizations’ normative motivations to self-regulate. We find that organizations are more likely to …
Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill,
2010
Columbia Law School
Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang
Sabin Center for Climate Change Law
The recently-released discussion draft of the Kerry-Lieberman bill (KL), officially titled the American Power Act, contains numerous provisions that affect the role of states in addressing climate change as well as the Environmental Protection Agency’s (EPA) authority under the Clean Air Act (CAA). Preemption has been the subject of intense debate and speculation since the passage of the Waxman-Markey climate bill (WM) in June 2009, and commentators have questioned whether KL’s preemption measures would (and should) have the effect of “a scalpel or a sledgehammer” on existing state and EPA authority. The following paper contributes to the discussion by summarizing …
Cap-And-Trade Under The Clean Air Act?: Rethinking Section 115,
2010
Columbia Law School, Sabin Center for Climate Change Law
Cap-And-Trade Under The Clean Air Act?: Rethinking Section 115, Hannah Chang
Sabin Center for Climate Change Law
Section 115 of the Clean Air Act, addressing international air pollution, is widely-dismissed as a viable avenue for mitigation of greenhouse gases (GHGs) because of a misplaced assumption that National Ambient Air Quality Standards (NAAQS) must be established for GHGs before Section 115 authority can be exercised for GHGs. This paper explores the statutory language and legislative history of Section 115 to refute this conventional view, and argues that Section 115 can play a role in facilitating the establishment of a cap-and-trade program for GHGs without the establishment of NAAQS for GHGs.
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance,
2010
Indiana University Maurer School of Law
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
Articles by Maurer Faculty
Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …
Land Use And Water Supply,
2010
University of New Mexico
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Water Matters!
As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …
Deliberately Defrauding Investors: The Scope Of Liability Comment.,
2010
St. Mary's University
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 …
A Comparative Study Between China And Malaysia's Environmental Policy On Land : Implementation And Limitation.,
2010
Universiti Malaya
A Comparative Study Between China And Malaysia's Environmental Policy On Land : Implementation And Limitation., Zhang Yemo
Student Works (2010-2019)
In order to correct the political, economic, environment, social and spatial imbalance, almost all the countries have some forms of environmental policies on land and planning systems. Environmental policies and planning systems are in a more extensive application under the supervision of the environmental departments. Environmental polices play an important role in a country's overall economic development and also promotes regional development. Malaysia and China’s environmental polices are composed of many consecutive policy documents. Therefore, this work was undertaken in order to compare Malaysia and China’s environmental policy implementation specifically on land issue and to identify gaps between two countries …
Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change,
2010
Georgetown University Law Center
Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients,
2010
University at Buffalo School of Law
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly
Journal Articles
This article explores some of the ethical situations that environmental and natural resource lawyers can encounter when counseling clients. It begins by exploring the Model Rule of Professional Conduct (MRPC) 2.1, regarding counsel’s role as “advisor,” which provides that appropriate client counseling refers not only to law, but also to moral, economic, social, and political factors, when making decisions. It also explores the environmental lawyer’s ability to withdraw from representation pursuant to MRPC 1.16. It places the obligations and options under these rules and other mandates in the environmental and natural resource context, and encourages attorneys practicing in the area …
Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa,
2010
Villanova University Charles Widger School of Law
Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them,
2010
Villanova University Charles Widger School of Law
Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Something Stinks: The Need For Environmental Regulation Of Puppy Mills,
2010
Villanova University Charles Widger School of Law
Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals,
2010
Villanova University Charles Widger School of Law
Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals, Conrad Bendetto
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Geertson Seed Farms V. Johanns: Why Alfalfa Is Not The Only Little Rascal For Bio-Agriculture Law,
2010
Villanova University Charles Widger School of Law
Geertson Seed Farms V. Johanns: Why Alfalfa Is Not The Only Little Rascal For Bio-Agriculture Law, Allison M. Straka
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects,
2010
University of Kentucky
Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber
Kentucky Law Journal
No abstract provided.
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure,
2010
University of Colorado Law School
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
University of Colorado Law Review
This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits,
2010
University of Colorado Law School
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
University of Colorado Law Review
Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …
Private Certification Versus Public Certification In The International Environmental Arena,
2010
Vanderbilt University Law School
Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye
Vanderbilt Journal of Transnational Law
In recent decades, the world's various fisheries have seen a number of problems, primarily depletion of fish stocks due to overfishing. While the UN has created some soft law, including sustainable fishing standards, to deal with the problem of fisheries depletion, no binding international laws currently exist. Several entities have decided to deal with the problem on their own, through eco-labeling programs. The Marine Stewardship Council, a private entity not directly affiliated with the government of any country, has created such a program. In addition, some governments have created similar programs, including Japan through its Marine Eco-Label Japan program. While …
