| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Chelsea M. Keeton |
SHARING SUSTAINABILITY: PREVENTING INTERNationAL ENVIRONMENTAL INJUSTICE IN AN AGE OF REGULATION |
48 Houston Law Review 1167 (Winter 2012) |
I. Introduction. 1168 II. The Pollution-Haven Hypothesis and the Advent of the U.S. Environmental Movement. 1171 A. The Pollution-Haven Hypothesis and Its Controversy. 1171 B. The Modern Environmental Movement in the United States. 1173 C. Evidence Surrounding the Hypothesis. 1176 D. The Other Side of the Pollution-Haven Hypothesis: Toxic Waste... |
2012 |
|
| Louis J. Kotzé , Rebecca Bates |
SIMILAR BUT DIFFERENT: COMPARATIVE PERSPECTIVES ON ACCESS TO WATER IN AUSTRALIA AND SOUTH AFRICA |
15 University of Denver Water Law Review 221 (Spring 2012) |
I. Introduction. 222 II. Grounding the Comparative Approach. 223 III. Focus, Key Terminology, and Assumptions. 226 IV. Environmental and Hydro-political Contexts. 228 A. South Africa. 228 B. Australia. 232 V. The Regulatory Frameworks. 235 A. South Africa. 235 1. Policy Framework. 235 2. Constitutional Provisions. 236 3. Statutory Framework. 239 4.... |
2012 |
|
| Lincoln L. Davies |
STATE RENEWABLE PORTFOLIO STANDARDS: IS THERE A "RACE" AND IS IT "TO THE TOP"? |
3 San Diego Journal of Climate & Energy Law 3 (2011-2012) |
I. Introduction. 4 II. Renewable Portfolio Standards. 10 A. The RPS. 13 B. RPS Design. 16 C. RPS Goals. 20 III. Regulatory Races. 24 A. Defining Regulatory Races. 24 B. Races to the Bottom. 30 C. Races to the Top. 38 IV. Conceptualizing RPS Races. 42 A. An Image. 43 B. A Mirror Image?. 44 V. Measuring RPS Races. 49 A. The Evidence. 50 B. Weighing... |
2012 |
|
| Alex Geisinger |
THE BENEFITS OF DEVELOPMENT AND ENVIRONMENTAL INJUSTICE |
37 Columbia Journal of Environmental Law 177 (2012) |
Introduction. 178 I. Environmental Injustice and Its Regulation. 180 A. Environmental Injustice and Its Causes. 180 B. Regulation of Environmental Injustice. 184 1. Non Civil-Rights-Based Federal Regulation. 184 2. Civil Rights Law. 187 a. Title VI Regulation. 187 b. Private Rights of Action. 189 II. The Development Myth and Its Implications. 191... |
2012 |
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| Daniel A. Farber |
THE BP BLOWOUT AND THE SOCIAL AND ENVIRONMENTAL EROSION OF THE LOUISIANA COAST |
13 Minnesota Journal of Law, Science & Technology 37 (Winter 2012) |
There, shockingly, along the grassy bayou bank, I can now make out a dozen or so old tombs, all in different stages of submersion, tumbling brick by brick into the bayou water . . . . The bayou is swallowing the dead here. This quote comes from a book, whose subtitle says it all: The Rich Life and Tragic Death of Louisiana's Cajun Coast. The... |
2012 |
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| Nicholas A. Fromherz |
THE CASE FOR A GLOBAL TREATY ON SOIL CONSERVATION, SUSTAINABLE FARMING, AND THE PRESERVATION OF AGRARIAN CULTURE |
39 Ecology Law Quarterly 57 (2012) |
Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature's ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination-- these and other threats have conspired to take... |
2012 |
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| Tom I. Romero, II J.D., PH.D. |
THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW AND POLICY IN TEN STANZAS |
15 University of Denver Water Law Review 329 (Spring 2012) |
Prologue: The Brown Buffalo Awakens. 330 I. Stanza I. 335 II. Stanzas II and III. 339 III. Stanzas IV and V. 348 IV. Stanzas VI and VII. 354 V. Stanzas VIII and IX. 360 VI. Stanza X. 362 Conclusion: The Brown Buffalo Blue. 366 |
2012 |
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| Hari M. Osofsky, University of Minnesota Law School |
THE OXFORD HANDBOOK OF INTERNationAL ENVIRONMENTAL LAW. EDITED BY DANIEL BODANSKY, JUTTA BRUNNÉE, AND ELLEN HEY. OXFORD, NEW YORK: OXFORD UNIVERSITY PRESS, 2007. PP. XXVIII, 1080. INDEX. $225, £99, CLOTH; $98.50, £44, PAPER |
106 American Journal of International Law 715 (July, 2012) |
The Oxford Handbook of International Environmental Law, edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey, makes an important contribution to conceptualizing international environmental law as a distinct field and to exploring its contours. The book's editors are leading international law scholars with substantial backgrounds on the topic:... |
2012 |
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| Alexander Kazazis |
THE WESTERN CLIMATE INITIATIVE: THE FATE OF AN EXPERIMENT IN SUBNationAL CROSS-BORDER ENVIRONMENTAL COLLABORATION |
37 Brooklyn Journal of International Law 1177 (2012) |
The atmospheric concentrations of greenhouse gases--chiefly carbon dioxide, methane, and nitrous oxide--are rising due to human activity. As their concentrations increase, the gases trap more solar heat, causing a gradual warming of the earth's climate system. Absent a change in policy, experts project that greenhouse gas (GHG) emissions will... |
2012 |
|
| Hallie L. Shipley |
THE WTI INCINERATOR: THE RCRA CITIZEN SUIT AND THE EMERGENCE OF ENVIRONMENTAL HUMAN RIGHTS |
2 Global Business Law Review 193 (Spring, 2012) |
The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA Citizen suit provision, barring any... |
2012 |
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| Kathleen Bonner |
TOXINS TARGETED AT MINORITIES: THE RACIST UNDERTONES OF "ENVIRONMENTALLY-FRIENDLY" INITIATIVES |
23 Villanova Environmental Law Journal 89 (2012) |
In the small, suburban, working-class town of Kennedy Heights, Texas, hundreds of individuals complain of rashes, headaches, and a water supply contaminated with oil and toxins. More serious health issues also plague these unsuspecting residents, such as cancerous brain tumors, cancer, lupus, birth defects, menstrual problems, and even death. As... |
2012 |
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| Cameron Jefferies |
UNCONVENTIONAL BRIDGES OVER TROUBLED WATER - LESSONS TO BE LEARNED FROM THE CANADIAN OIL SANDS AS THE UNITED STATES MOVES TO DEVELOP THE NATURAL GAS OF THE MARCELLUS SHALE PLAY |
33 Energy Law Journal 75 (2012) |
I. Introduction. 76 II. The Emergence of Unconventional Fossil Fuel Sources. 78 A. Present Reliance on Fossil Fuel Energy and Forecasted Energy Needs. 78 B. Energy Security and Self-Sufficiency. 80 C. Interaction with Water Resources. 81 III. Understanding Unconventional Fuels. 82 A. The Canadian Oil Sands. 82 1. What Are the Oil Sands and How Are... |
2012 |
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| Marcy Nicks Moody |
WARNING: MAY CAUSE WARMING |
65 Vanderbilt Law Review 1401 (October, 2012) |
I. Supermarket Semantics. 1402 II. The Architecture of Global Trade. 1404 A. A Brief History of the WTO. 1404 B. Gaps in Trade Governance: The Case of the Environment. 1411 C. The Gap Fillers: Private Environmental Governance. 1414 III. Edges of the Architecture: WTO's Jurisdictional Analysis. 1416 A. Basis of the Dispute. 1416 1. Violations,... |
2012 |
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| Michael A. Livermore |
CAN COST-BENEFIT ANALYSIS OF ENVIRONMENTAL POLICY GO GLOBAL? |
19 New York University Environmental Law Journal 146 (2011) |
The use of cost-benefit analysis of environmental policy is spreading from the United States, where it has the longest tradition, to other parts of the globe. Already firmly rooted in Europe and other advanced economies, cost-benefit analysis is becoming more prevalent in developing countries as a way to evaluate environmental regulation.... |
2011 |
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| Robert V. Percival |
CHINA'S "GREEN LEAP FORWARD" TOWARD GLOBAL ENVIRONMENTAL LEADERSHIP |
12 Vermont Journal of Environmental Law 633 (Spring, 2011) |
Introduction .. 633 I. Chairman Mao's War Against Nature. 636 II. China's Twenty-First Century Green Leap Forward. 639 A. Strengthening Chinese Environmental and Natural Resource Policies. 639 B. Promoting Greater Environmental Transparency. 641 C. Developing Green Technology. 646 D. China's Twelfth Five Year Plan: The Green Leap Forward. 649... |
2011 |
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| Keith Schneider , Jennifer L. Turner , Aaron Jaffe , Nadya Ivanova |
CHOKE POINT CHINA: CONFRONTING WATER SCARCITY AND ENERGY DEMAND IN THE WORLD'S LARGEST COUNTRY |
12 Vermont Journal of Environmental Law 713 (Spring, 2011) |
Introduction .. 714 I. Growth Versus Water Resources. 715 A. Ruinous Confrontation?. 715 B. Choke Points Do Not Slow Rapid GDP Growth Goals. 718 II. Evading Water and Energy Choke Points for Now. 718 A. Ambitious Water Conservation Measures. 718 B. Energy Conservation Equals Water Conservation. 720 III. Unrivaled Plans to Move Water to Tap Coal... |
2011 |
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| Laura A. W. Pratt |
DECREASING DIRTY DUMPING? A REEVALUATION OF TOXIC WASTE COLONIALISM AND THE GLOBAL MANAGEMENT OF TRANSBOUNDARY HAZARDOUS WASTE |
41 Texas Environmental Law Journal 147 (Winter 2011) |
Introduction. 148 I. Toxic Waste Colonialism Overview. 151 A. What's in a Name?. 151 B. Causes. 153 1. Global Increase of Hazardous Waste Production. 153 2. Economic Pressures. 154 II. Historical Development of the Global Management of Transboundary Hazardous Waste. 156 A. Background to Basel. 156 B. The Basel Convention. 158 1. Definitions. 159 2.... |
2011 |
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| Gregg P. Macey |
ENVIRONMENTAL CRISIS AND THE PARADOX OF ORGANIZING |
2011 Brigham Young University Law Review 2063 (2011) |
Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public... |
2011 |
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| Victor B. Flatt, Paul M. Collins Jr. |
ENVIRONMENTAL ENFORCEMENT IN DIRE STRAITS: THERE IS NO PROTECTION FOR NOTHING AND NO DATA FOR FREE |
41 Environmental Law Reporter News & Analysis 10679 (August, 2011) |
While much of the world debates what our environmental laws should be, the less esoteric question of whether the environmental laws we already have are being properly enforced continues to be insufficiently examined. As we approach the fortieth anniversary of modern environmental law, the answer to this $64 billion question still is not clear.... |
2011 |
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| Craig Anthony (Tony) Arnold |
FOURTH-GENERATION ENVIRONMENTAL LAW: INTEGRATIONIST AND MULTIMODAL |
35 William and Mary Environmental Law and Policy Review 771 (Spring, 2011) |
Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are... |
2011 |
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