| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Michael P. Vandenbergh |
PRIVATE ENVIRONMENTAL GOVERNANCE |
99 Cornell Law Review 129 (November, 2013) |
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the... |
2013 |
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| Wendy Wagner |
RACING TO THE TOP: HOW REGULATION CAN BE USED TO CREATE INCENTIVES FOR INDUSTRY TO IMPROVE ENVIRONMENTAL QUALITY |
29 Journal of Land Use & Environmental Law 1 (Fall 2013) |
I. Introduction. 1 II. Toxics Regulation in Context. 4 A. Toxics 101. 4 B. The Lowest Common Denominator Problem. 8 III. A Better Way. 9 A. Specifics. 10 B. Benefits. 13 IV. Existing Hybrid Approaches that Parallel a Best-in-Market Approach to Toxics Product Regulation. 16 A. Reasonable Alternative Design in Products Liability Law. 17 B.... |
2013 |
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| Aparna Polavarapu |
RECONCILING IndigenOUS AND WOMEN'S RIGHTS TO LAND IN SUB-SAHARAN AFRICA |
42 Georgia Journal of International and Comparative Law 93 (2013) |
I. Introduction 94 II. The Move to Engage with Customary Law 97 III. Legal Frameworks 100 A. International and Regional Indigenous Rights Frameworks 101 B. Formalism in the Women's Rights Legal Frameworks 106 IV. The Gendered Difficulties of Customary and Statutory Law 110 A. Women's Rights Under Pre-Colonial Customary Tenure 111 B. Women and... |
2013 |
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| Robert L. Liberty |
RISING TO THE LAND USE CHALLENGE: HOW PLANNERS AND REGULATORS CAN HELP SUSTAIN OUR CIVILIZATION |
38 Vermont Law Review 251 (Winter 2013) |
You do me a great honor by including me in your roster of speakers in the Norman Williams Jr. Lecture Series. But a greater honor is to be asked to address this audience of public servants, active citizens, faculty members, and law students, who have contributed so much and have so much to offer Vermont and the nation in our challenge to create... |
2013 |
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| Gerald S. Dickinson , Sheila R. Foster |
STASIS AND CHANGE IN ENVIRONMENTAL LAW: THE PAST, PRESENT AND FUTURE OF THE FORDHAM ENVIRONMENTAL LAW REVIEW |
24 Fordham Environmental Law Review 1 (2012-2013) |
The Fordham Environmental Law Review was officially recognized as a law journal in 1993, although it debuted in 1989 as the Fordham Environmental Law Report. Professor Joseph Sweeney authored the Foreword to the new law review, remarking that because the field of Environmental Law is still in its initial stages, your [students'] work is performed... |
2013 |
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| Jernej Letnar C̆ernic̆ |
STATE OBLIGATIONS CONCERNING IndigenOUS PEOPLES' RIGHTS TO THEIR ANCESTRAL LANDS: LEX IMPERFECTA? |
28 American University International Law Review 1129 (2013) |
I. INTRODUCTION. 1130 II. DEFINING INDIGENOUS PEOPLES. 1134 III. THE SOURCES OF INDIGENOUS PEOPLES' RIGHTS IN NATIONAL AND INTERNATIONAL LEGAL ORDERS. 1136 A. Indigenous Land Rights in International Human Rights Law. 1136 B. National Legal Orders. 1141 IV. THE NATURE AND SCOPE OF INDIGENOUS RIGHTS TO TRADITIONAL ANCESTRAL LANDS. 1146 A. The... |
2013 |
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| David E. Adelman |
THE COLLECTIVE ORIGINS OF TOXIC AIR POLLUTION: IMPLICATIONS FOR GREENHOUSE GAS TRADING AND TOXIC HOTSPOTS |
88 Indiana Law Journal 273 (Winter, 2013) |
This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all... |
2013 |
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| Hoi L. Kong |
THE DISAGGREGATED STATE IN TRANSNationAL ENVIRONMENTAL REGULATION |
78 Missouri Law Review 443 (Spring, 2013) |
This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest, and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of... |
2013 |
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| Smita Narula |
THE GLOBAL LAND RUSH: MARKETS, RIGHTS, AND THE POLITICS OF FOOD |
49 Stanford Journal of International Law 101 (Winter 2013) |
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while... |
2013 |
|
| Lori Beail-Farkas |
THE HUMAN RIGHT TO WATER AND SANITATION: CONTEXT, CONTOURS, AND ENFORCEMENT PROSPECTS |
30 Wisconsin International Law Journal 761 (Winter, 2013) |
The roots of the human right to water and sanitation date back to ancient times when concepts of community governed water use. Since then, the right has evolved alongside cultural and religious traditions, evolving social norms, and the law. The right to water and sanitation has been brought increasingly to the forefront of international human... |
2013 |
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| Emily M. Thor |
THE HUMAN RIGHT TO WATER IN THE UNITED STATES: WHY SO DANGEROUS? |
26 Pacific McGeorge Global Business & Development Law Journal 315 (2013) |
I. Introduction. 315 II. The International Human Right to Water. 317 A. Recognition of this Right by the United Nations. 317 B. The Perspective of the United States. 319 C. Private Sector Involvement. 321 III. The Human Right to Water in the United States. 324 IV. The Human Right to Water in Africa. 329 A. Nigeria. 330 B. South Africa. 333 V. Is... |
2013 |
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| Jessica Owley |
THE INCREASING PRIVATIZATION OF ENVIRONMENTAL PERMITTING |
46 Akron Law Review 1091 (2013) |
I. Introduction. 1091 II. The Rise of Compensatory Mitigation. 1092 A. Background. 1092 B. Examples. 1093 III. Privatization of Mitigation. 1101 A. Background. 1102 B. Examples. 1106 C. Benefits of Private Mitigation Programs. 1116 D. Concerns with Private Mitigation. 1118 IV. Conclusion: Harnessing Strengths while Minimizing Harms. 1127 |
2013 |
|
| Rhett B. Larson |
THE NEW RIGHT IN WATER |
70 Washington and Lee Law Review 2181 (Fall, 2013) |
This Article divides all rights into two broad categories-provision rights and participation rights. With a provision right, the government makes substantive guarantees to provide some minimum quantity and quality of a good or service. With a participation right, the government is legally proscribed from interfering with an individual citizen's... |
2013 |
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| Stefaan Smis, Dorothée Cambou, Genny Ngende |
THE QUESTION OF LAND GRAB IN AFRICA AND THE IndigenOUS PEOPLES' RIGHT TO TRADITIONAL LANDS, TERRITORIES AND RESOURCES |
35 Loyola of Los Angeles International and Comparative Law Review 493 (Summer 2013) |
On 13 September 2007, the UN General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This event was not only a landmark for the indigenous peoples' movement but also constituted an important contribution to the universal human rights system. The declaration has indeed, after two decades of difficult negotiations,... |
2013 |
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| Robert V. Percival , Zhao Huiyu |
THE ROLE OF CIVIL SOCIETY IN ENVIRONMENTAL GOVERNANCE IN THE UNITED STATES AND CHINA |
24 Duke Environmental Law and Policy Forum 141 (Fall, 2013) |
In 1972 leaders of most of the nations of the world gathered in Stockholm for an historic first global summit on the environment, the United Nations Conference on the Human Environment. By a vote of 112-0, representatives of the nations assembled at that conference adopted a declaration emphasizing the importance of protecting the planet's... |
2013 |
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| Thomas W. Merrill, David M. Schizer |
THE SHALE OIL AND GAS REVOLUTION, HYDRAULIC FRACTURING, AND WATER CONTAMINation: A REGULATORY STRATEGY |
98 Minnesota Law Review 145 (November, 2013) |
Introduction. 147 I. Hydraulic Fracturing: A Technological Leap in Drilling for Shale Oil and Gas. 152 II. Economic, National Security, and Environmental Benefits from Fracturing. 157 A. Economic Growth. 157 B. Energy Independence and National Security. 161 C. Environmental Benefits: Air Quality and Climate Change. 164 1. Cleaner Air from Using Gas... |
2013 |
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| Szonja Ludvig |
THE TribES MUST REGULATE: JURISDICTIONAL, ENVIRONMENTAL, AND RELIGIOUS CONSIDERATIONS OF HYDRAULIC FRACTURING ON TribAL LANDS |
2013 Brigham Young University Law Review 727 (2013) |
Tex Hall, the chairman of the Three Affiliated Tribes, says that the federal government must be prohibited from regulating hydraulic fracturing. If this is not done, our oil and gas production on our reservation will cease. It's that simple. A Blackfeet woman prepares to show a documentary film on the environmental dangers of oil and gas drilling... |
2013 |
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| Anietie Maureen-Ann Akpan |
TIERRA Y VIDA: HOW ENVIRONMENTAL INJUSTICE HAS ADVERSELY IMPACTED THE PUBLIC HEALTH OF RURAL BROWN POPULATIONS IN SOUTH TEXAS |
43 Texas Environmental Law Journal 321 (Summer, 2013) |
I. Introduction. 321 II. The Development of Texas Colonias. 322 A. Poverty's Integral Role in Sustaining the Subordinate Collective Health of Colonia Residents. 323 B. How Natural Environment Also Creates Obstacles for South Texas Residents to Maintain Good Health. 324 III. The Texas Health & Safety Code--Examining an Existing Remedy Not... |
2013 |
|
| John W. Ragsdale, Jr. |
TO RETURN FROM WHERE WE STARTED: A REVISIONING OF PROPERTY, LAND USE, ECONOMY, AND REGULATION IN AMERICA |
45 Urban Lawyer 631 (Summer, 2013) |
The we in this article's title refers collectively to those of us with European origins and our ancestors who came to the North American Continent in the fifteenth and sixteenth centuries. The continent was not uninhabited or a vacuum domicilium. There were millions of native inhabitants and they had been there for thousands of years before the... |
2013 |
|
| Douglas R. Williams |
TOWARD REGIONAL GOVERNANCE IN ENVIRONMENTAL LAW |
46 Akron Law Review 1047 (2013) |
I. Cooperative Federalism, Institutional Design, and Problems of Over-Centralization and Decentralization: The Clean Air Act and Clean Water Act. 1050 A. The Clean Air Act and the Paradox of State Authority. 1053 B. The Clean Water Act and the Growth of State Authority. 1064 C. Problems of Coordination, Disruption, and Resiliency Under the CAA and... |
2013 |
|
| Aaron Culp |
WATER CAN BE FOR DRINKING AGAIN: ECONOMIC AND COLLABORATIVE SOLUTIONS TO A TEXAS WATER FIGHT |
45 Saint Mary's Law Journal 103 (2013) |
I. Introduction. 104 II. Legal Background. 107 A. The Texas Constitution and the Texas Water Code. 107 III. Economic Theories. 110 A. The Coase Theorem. 110 1. Transaction Costs. 112 2. Efficient Bargaining. 113 B. Water Markets. 115 C. Calabresi and Melamed's Cathedral Model. 120 1. Rule Four. 123 2. Spur Industries, Inc. v. Del E. Webb... |
2013 |
|
| Jason T. Gerken |
WHAT THE FRACK SHALE WE DO? A PROPOSED ENVIRONMENTAL REGULATORY SCHEME FOR HYDRAULIC FRACTURING |
41 Capital University Law Review 81 (Winter, 2013) |
Over lunch at a Colorado Oil and Gas Association conference in August 2011, Halliburton Company Chief Executive Officer Dave Lesar offered a glass of Halliburton's new hydraulic fracturing fluid to a colleague. The executive took a swig of CleanStim, a trial fluid that Halliburton's website cautions should not be considered edible. Oil and gas... |
2013 |
|
| Adam Babich, Jane F. Barrett |
WHY ENVIRONMENTAL LAW CLINICS? |
43 Environmental Law Reporter News & Analysis 10039 (January, 2013) |
The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose... |
2013 |
|
| Brittan J. Bush |
A NEW REGIONALIST PERSPECTIVE ON LAND USE AND THE ENVIRONMENT |
56 Howard Law Journal 207 (Fall 2012) |
INTRODUCTION. 208 I. LOCALISM AND REGIONALISM: THE NORMATIVE DEBATE. 212 A. Localism. 212 1. City Powerlessness. 213 2. The Case for Localism. 216 3. The Failure of Localism. 219 B. The Concept of Regionalism. 224 C. The Promise of New Regionalism. 226 II. LAND USE AND ENVIRONMENTAL PROTECTION. 230 A. Land Use Planning and Environmental... |
2012 |
|
| Yaser Khalaileh |
A RIGHT TO A CLEAN ENVIRONMENT IN THE MIDDLE EAST: OPPORTUNITIES TO EMBRACE OR REJECT |
42 Environmental Law Reporter News & Analysis 10280 (March, 2012) |
Following the Stockholm Declaration in 1972 emphasizing an essential need for a clean environment, a number of international proclamations were issued that contributed to international recognition of a substantive right to a clean environment as embodied 20 years later in the Rio Declaration. Since that time, there has been a movement for... |
2012 |
|
| Jessica Ball |
A STEP IN THE WRONG DIRECTION: INCREASING RESTRICTIONS ON FOREIGN RURAL LAND ACQUISITION IN BRAZIL |
35 Fordham International Law Journal 1743 (November, 2012) |
INTRODUCTION. 1744 I. THE RECENT RISE OF AGRICULTURAL INVESTMENT AND BRAZIL'S POTENTIAL AS AN INDUSTRY LEADER. 1746 A. Different Structures of International Land Deals. 1750 B. International Actors. 1753 C. Investment Climate in Brazil. 1757 D. Investor Risk in Brazil. 1760 II. LAW 5.709 AND RECENT CHANGES IN THE FRAMEWORK GOVERNING FOREIGN... |
2012 |
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| Kristen L. Holm-Hansen |
A STREAM WOULD RISE FROM THE EARTH, AND WATER THE WHOLE FACE OF THE GROUND: THE ETHICAL NECESSITY FOR WETLANDS PROTECTION POST-RAPANOS |
26 Notre Dame Journal of Law, Ethics & Public Policy 621 (2012) |
While elections are rarely won or lost on environmental issues, creating and voting on environmental policy is an important part of every modern legislative session. With the United States facing population growth, the effects of recent environmental disasters, and an ever-growing reliance on consumerism and and technology, environmentalism is an... |
2012 |
|
| James Concannon |
ACTIONABLE ACTS: "SEVERE" CONDUCT IN HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT CASES |
20 Buffalo Journal of Gender, Law & Social Policy 1 (2011-2012) |
This paper examines the significant weight that courts accord proof of especially severe conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the severe or pervasive test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof... |
2012 |
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| Jedediah Purdy |
AMERICAN NATURES: THE SHAPE OF CONFLICT IN ENVIRONMENTAL LAW |
36 Harvard Environmental Law Review 169 (2012) |
There is a firestorm of political and cultural conflict around environmental issues, including, but running well beyond, climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply... |
2012 |
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| Zoë Prebble |
ANTI-SPRAWL INITIATIVES: HOW COMPLETE IS THE CONVERGENCE OF ENVIRONMENTAL, DESEGREGATIONIST AND FAIR HOUSING INTERESTS? |
30 Buffalo Public Interest Law Journal 197 (2011-2012) |
Imagine spacious landscaped highways . giant roads, themselves great architecture, pass public service stations, no longer eyesores, expanded to include all kinds of service and comfort. They unite and separate--separate and unite the series of diversified units, the farm units, the factory units, the roadside markets, the garden schools, the... |
2012 |
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| Ann C. McGinley , Ryan P. McGinley-Stempel |
BEYOND THE WATER COOLER: SPEECH AND THE WORKPLACE IN AN ERA OF SOCIAL MEDIA |
30 Hofstra Labor and Employment Law Journal 75 (Fall 2012) |
In democracy it's your vote that counts; in feudalism it's your count that votes. -Mogens Jallberg Few would dispute the proposition that free speech and association play an important role in the operation of a healthy democracy. This is particularly true in the American context, where an elected republic of the people, by the people, for the... |
2012 |
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| Catherine M.H. Keske, Ph.D. , Greta G. Lohman, M.S. |
BIOCHAR: AN EMERGING MARKET SOLUTION FOR LEGACY MINE RECLAMATION AND THE ENVIRONMENT |
6 Appalachian Natural Resources Law Journal 1 (2011-2012) |
In this article, the authors propose that mining companies consider investigating the economic and ecological feasibility of biochar. Biochar is essentially charcoal. Preliminary research shows linkages between biochar and improvements in vegetative cover (eg. grasses), which effectively reduces erosion, run-off, and sedimentation in rivers and... |
2012 |
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| Duchess Harris, Craig Green, Keesha Gaskins |
CIVIL RIGHTS LAW AND THE VALLEY SWIM CLUB: "TROUBLE THE WATERS" IN THE AGE OF OBAMA |
3 William Mitchell Law Raza Journal 1 (Spring 2012) |
C1-2TABLE OF CONTENTS I. INTRODUCTION 2 II. EQUALITY THROUGH THE CONSTITUTION, THE COURTS AND CONGRESS 3 A. Overview 3 B. The Constitution 3 C. 42 U.S.C. § 1981 8 D. 42 U.S.C. § 2000a 10 III. LEGAL DISCRIMINATION - LIMITS OF THE LAWS 15 A. The First Amendment 15 B. Restrictive Covenants 17 IV. WADE IN THE WATER: NOT IN OUR POOL 21 V. ANALYSIS 26 A.... |
2012 |
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| Professor Alice Kaswan |
CLIMATE CHANGE, THE CLEAN AIR ACT, AND INDUSTRIAL POLLUTION |
30 UCLA Journal of Environmental Law & Policy 51 (2012) |
I. The Role of Co-pollutant Considerations in Climate Policy. 55 A. The Value of a Comprehensive Approach. 57 B. The Benefits of Integrating Co-pollutant Considerations into Climate Policy. 62 1. The Environmental Benefits of Integrating Co-pollutant Considerations. 62 a. Existing Air Pollution. 63 b. Do Climate Policies Reduce Co-pollutants?. 64... |
2012 |
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| Cynthia Hawkins DeBose |
COLONIAL WHITE MATER PRIVILEGE: AN ABOVE-GROUND RAILROAD TO FREEDOM AND LAND RECLAMATION |
55 Howard Law Journal 455 (Winter 2012) |
INTRODUCTION. 457 I. Anti-Miscegenation Statutes. 459 II. Thesis--Colonial White Mater Privilege. 463 III. Colonial Maryland: A Mixing of the Races. 464 IV. The Tayles of the Whyte Matriarchs. 467 A. The Shorter Family. 467 B. The Hawkins Family. 468 V. Petitions for Freedom & Land Reclamation Cases: Testing the Theory in Maryland. 469 A. William &... |
2012 |
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| Elizabeth Burleson |
COOPERATIVE FEDERALISM AND HYDRAULIC FRACTURING: A HUMAN RIGHT TO A CLEAN ENVIRONMENT |
22 Cornell Journal of Law & Public Policy 289 (Winter 2012) |
This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and... |
2012 |
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| Zelena Jones |
CULTURE'S TIES TO THE LAND: THE BELIZE-GUATEMALA BORDER CONFLICT'S IMPLICATIONS FOR THE MAYA COMMUNITIES IN LIGHT OF THE UN DECLARATION |
29 Wisconsin International Law Journal 773 (Winter 2012) |
The border dispute between Belize and Guatemala is one of the oldest territorial conflicts in the Americas. Presently, Guatemala asserts a territorial claim to the southern half of Belize where many indigenous communities live. Focusing specifically on the Maya communities due to the ground-breaking land rights decisions of 2008 and 2010, this... |
2012 |
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| Paula J. Schauwecker |
DIVERSITY IN ENVIRONMENTAL PRACTICE: HOW ARE WE DOING? |
26-WTR Natural Resources & Environment 58 (Winter, 2012) |
Environmental law as a focused practice area is young. Having begun in the 1970s, it is now welcoming the second generation of environmental lawyers to the practice. There are many ways the legal profession has changed in the last 35 years and progress has been made in bringing more diverse attorneys into the profession, but some would say that the... |
2012 |
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| Camille Pannu |
DRINKING WATER AND EXCLUSION: A CASE STUDY FROM CALIFORNIA'S CENTRAL VALLEY |
100 California Law Review 223 (February, 2012) |
The American West is notorious for its water wars, and California's complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California's water woes as a regulatory problem--a failure to balance the needs of growing... |
2012 |
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| Mark A. Chertok, Jonathan Kalmuss-katz |
ENVIRONMENTAL LAW |
62 Syracuse Law Review 661 (2012) |
Introduction. 661 I. Summary Overview of SEQRA. 663 II. Regulatory Developments. 666 A. Proposed Environmental Assessment Form Revisions. 666 B. Revised SEQR Handbook. 668 III. Legislative Developments. 669 IV. Case Law Developments. 670 A. Bronx Committee for Toxic Free Schools and SEQRA Review of Brownfield Site Cleanups and Requirement for SEIS.... |
2012 |
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| Caitlin Shay |
FAST TRACK TO COLLAPSE: HOW ZIMBABWE'S FAST-TRACK LAND REFORM PROGRAM VIOLATES INTERNationAL HUMAN RIGHTS PROTECTIONS TO PROPERTY, DUE PROCESS, AND COMPENSATION |
27 American University International Law Review 133 (2012) |
INTRODUCTION. 134 I. BACKGROUND. 137 A. Zimbabwe's Post-Independence Land Reform Efforts. 138 B. The Right to Property Under the UDHR and the Banjul Charter. 140 C. Tension between the Zimbabwean judiciary and the SADC Tribunal regarding the legality of Amendments 16A and 16B. 143 II. ANALYSIS. 145 A. Amendments 16A and 16B violate the right to... |
2012 |
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| Maria Greco Danaher |
FEDERAL APPELLATE COURT OUTLINES PARAMETERS FOR RACIALLY HOSTILE ENVIRONMENT |
14 No. 19 Lawyers Journal 9 (September 21, 2012) |
One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the hostile work environment needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed this issue and provided some clarity to the definition. The court added its voice... |
2012 |
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| Tiernan Mennen , Cynthia Morel |
FROM M'INTOSH TO ENDOROIS: CREATION OF AN INTERNationAL IndigenOUS RIGHT TO LAND |
21 Tulane Journal of International and Comparative Law 37 (Winter, 2012) |
Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to... |
2012 |
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| Charles J. Ten Brink |
GAYBORHOODS: INTERSECTIONS OF LAND USE REGULATION, SEXUAL MINORITIES, AND THE CREATIVE CLASS |
28 Georgia State University Law Review 789 (Spring, 2012) |
This Article advocates the municipal encouragement and maintenance of diversity, specifically the inclusion of sexual minorities, through changes in the traditional application of the forms of land use regulation. Bringing together previously distinct conversations about the societal goals of land use planning and the social value placed on... |
2012 |
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| Rebecca M. Bratspies |
HUMAN RIGHTS AND ENVIRONMENTAL REGULATION |
19 New York University Environmental Law Journal 225 (2012) |
We can't manage effectively without trust. --Jane Lubchenko, NOAA Administrator, 2010 Because environmental regulators exercise vast discretion against a background of scientific uncertainty, the background assumptions they use to guide their decisionmaking are particularly influential. This article suggests that were federal regulators to view... |
2012 |
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| William Boyd , Douglas A. Kysar , Jeffrey J. Rachlinski |
LAW, ENVIRONMENT, AND THE "NONDISMAL" SOCIAL SCIENCES |
8 Annual Review of Law and Social Science 183 (2012) |
law and psychology, science and technology studies, global governance, risk regulation Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other... |
2012 |
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| Lisa Vanhala |
LEGAL OPPORTUNITY STRUCTURES AND THE PARADOX OF LEGAL MOBILIZATION BY THE ENVIRONMENTAL MOVEMENT IN THE UK |
46 Law and Society Review 523 (September, 2012) |
This article examines the strategic legal activity of the environmental movement in the United Kingdom over the past twenty years. Environmental non-governmental organizations (NGOs) have increasingly turned to the courts in pursuit of their policy goals, despite significant losses on substantive legal issues, difficulties gaining standing and high... |
2012 |
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| Jeannine Cahill-Jackson |
MOSSVILLE ENVIRONMENTAL ACTION NOW v. UNITED STATES: IS A SOLUTION TO ENVIRONMENTAL INJUSTICE UNFOLDING? |
3 No. 6 Pace International Law Review Online Companion 173 (May, 2012) |
Surrounded by an army of hazardous industrial facilities, the residents of the small town of Mossville, Louisiana try to hold onto their lives and their homes, where many of their families have lived for over a century, despite an onslaught of pollution. There are people [who] are getting sick; there are people who are dying because of what is... |
2012 |
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| William L. Andreen |
OF FABLES AND FEDERALISM: A RE-EXAMINation OF THE HISTORICAL RATIONALE FOR FEDERAL ENVIRONMENTAL REGULATION |
42 Environmental Law 627 (Summer 2012) |
This Article responds to recent scholarship questioning the need for environmental statutes that place primary responsibility for regulation in the hands of the federal government. These claims are based, in part, upon assertions that state and local governments had made great progress on a number of pollution fronts before the major federal... |
2012 |
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| Benjamin A. Kahn |
SEPARATE AND UNEQUAL: ENVIRONMENTAL REGULATORY MANAGEMENT ON Indian RESERVATIONS |
35-SPG Environs Environmental Law and Policy Journal 203 (Spring 2012) |
I. Introduction. 205 II. Statutory Obligations: The Federal Government Must Treat Tribes Like States. 206 A. Safe Drinking Water Act. 206 B. Clean Water Act. 207 C. Clean Air Act. 208 D. Federal Insecticide, Fungicide, and Rodenticide Act. 209 E. Solid Waste Disposal Act (the Resource Conservation and Recovery Act). 209 III. Fiduciary Obligations:... |
2012 |
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