Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Craig Anthony (Tony) Arnold |
WATER PRIVATIZATION TRENDS IN THE UNITED STATES: HUMAN RIGHTS, NATIONAL SECURITY, AND PUBLIC STEWARDSHIP |
33 William and Mary Environmental Law and Policy Review 785 (Spring, 2009) |
Current debates in U.S. law and politics seem to be questioning whether national security and human rights are in fundamental tension with each other, as our legal and political systems struggle with the scope of government powers to fight terrorism and the legal limits on the detention, interrogation, and punishment of suspected terrorists, such... |
2009 |
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WATER RESOURCES |
2009 ABA Environment, Energy, and Resources Law: The Year in Review 326 (2009) |
The province of Manitoba in Manitoba v. Norton forced the United States Bureau of Reclamation to prepare an Environmental Impact Statement (EIS) to fully analyze the risks of the State of North Dakota and the Bureau's Northwest Area Water Supply Project. The project will supply water from the Missouri River to numerous small communities in North... |
2009 |
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Mark W. Wilson |
WHY PRIVATE REMEDIES FOR ENVIRONMENTAL TORTS UNDER THE ALIEN TORT STATUTE SHOULD NOT BE CONSTRAINED BY THE JUDICIALLY CREATED DOCTRINES OF JUS COGENS AND EXHAUSTION |
39 Environmental Law 451 (Spring 2009) |
The spread of multinational corporations with subsidiaries conducting operations in far-flung locales with reduced or nonexistent legal protections has been a continuing global trend. These entities may be headquartered in countries with well-developed legal standards and environmental protections, but many of the jurisdictions where they conduct... |
2009 |
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Daryl Fisher-Ogden |
WORLD RELIGIONS AND THE CLEAN AIR ACT |
23 Notre Dame Journal of Law, Ethics & Public Policy 429 (2009) |
As climate change and greenhouse gases become frequent news topics, it is worth considering whether people and communities should comply with current clean air standards before enacting additional ones. A society ruled by law must rely on voluntary compliance with its laws by a majority of its citizens, rather than police enforcement of all law.... |
2009 |
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Michelle Yu |
WU LIHONG, LAKE TAI, AND THE DIFFICULTIES OF PROTECTING CHINA'S ENVIRONMENT: A CASE STUDY |
21 Georgetown International Environmental Law Review 639 (Summer, 2009) |
C1-3Table of Contents L1-2Introduction . L3640 I. Historical Responses to Environmental Problems. 641 II. The Environmental Protection System and Its Flaws. 643 A. National Efforts. 643 (1) Legislation and Five-Year Plans. 643 (2) Agencies: SEPA and EPBs. 645 (3) Litigation. 648 B. GONGOS versus NGOS. 650 C. Censorship, Transparency, and Access to... |
2009 |
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Robert L. Glicksman , Richard E. Levy |
A COLLECTIVE ACTION PERSPECTIVE ON CEILING PREEMPTION BY FEDERAL ENVIRONMENTAL REGULATION: THE CASE OF GLOBAL CLIMATE CHANGE |
102 Northwestern University Law Review 579 (Special Issue 2008) |
In this Article, we draw on collective action theory and traditional preemption doctrine to develop a framework for thinking about environmental preemption. We then apply it to regulation of greenhouse gases (GHGs) in response to global climate change. We begin with the fundamental premise that preemption doctrine can be understood as a means of... |
2008 |
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Alice Kaswan |
A COOPERATIVE FEDERALISM PROPOSAL FOR CLIMATE CHANGE LEGISLATION: THE VALUE OF STATE AUTONOMY IN A FEDERAL SYSTEM |
85 Denver University Law Review 791 (2008) |
C1-7Table of Contents L1-6,T6Introduction 792 I. L2-6,T6The Importance of Federal Legislation 794 II. L2-6,T6The State Role in a Federal Program 797 A. L3-6,T6Theoretical Justifications for a Strong State Role 798 1. L4-6,T6Arguments in Favor of State Autonomy 798 2. L4-6,T6Concerns Raised by State Autonomy 801 B. L3-6,T6A Case Study on the Value... |
2008 |
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Henry N. Butler |
A DEFENSE OF COMMON LAW ENVIRONMENTALISM: THE DISCOVERY OF BETTER ENVIRONMENTAL POLICY |
58 Case Western Reserve Law Review 705 (Spring, 2008) |
A major problem with the current environmental regulatory regime is that it does not provide a reliable process for determining or discovering either the optimal amount of pollution or the most efficient means for achieving the selected level of pollution. This Article explains how the common law process, when coupled with competitive federalism,... |
2008 |
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Kai S. Anderson , Deborah Paulus-Jagric |
A NEW LAND INITIATIVE IN NEVADA |
17 New York University Environmental Law Journal 398 (2008) |
This article describes a bipartisan approach to federal lands legislation pioneered by Nevada Senators Harry Reid (D) and John Ensign (R) over the past decade in an effort to rationalize federal, state, and private land ownership in the state; to balance competing conservation, recreation, and development interests; and to phase out controversial... |
2008 |
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Sean M. Hanlon |
A NON-INDIAN ENTITY IS POLLUTING INDIAN WATERS: "WATER" YOUR RIGHTS TO THE WATERS, AND "WATER" YA GONNA DO ABOUT IT? |
69 Montana Law Review 173 (Winter 2008) |
The permanent loss of [a natural resource] irreparably [tears] at the balance of the world. We refer to the earth and sky as Mother Earth and Father Sky. These are not catchy titles; they represent our understanding of our place. The earth and sky are our relatives. Nature communicates with us through the wind and the water and the whispering... |
2008 |
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Paul M. Sullivan |
A VERY DURABLE MYTH: A CRITICAL COMMENTARY ON JON VAN DYKE'S WHO OWNS THE CROWN LANDS OF HAWAI'I? |
31 University of Hawaii Law Review 341 (Winter 2008) |
The title question of Professor Jon Van Dyke's recent book Who Owns the Crown Lands of Hawai'i does not require a book to answer. The answer is simple and not seriously contested, even in Professor Van Dyke's book. Some of the Crown Lands with which the book is concerned are owned by the United States Government, and the rest are owned by the State... |
2008 |
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Judith T. Younger |
ACROSS CURRICULAR BOUNDARIES: SEARCHING FOR A CONFLUENCE BETWEEN MARITAL AGREEMENTS AND INDIAN LAND TRANSACTIONS |
26 Law & Inequality: A Journal of Theory and Practice 495 (Summer 2008) |
We begin today with Socrates. Socrates will lead us inexorably, though unwittingly, into a curricular experiment. The experiment, in turn, will take us across continents and centuries. It will go on for about forty-five minutes--no more, I promise. The experiment will end with a true, and I think, funny, story. Of course, there will be a moral.... |
2008 |
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David E. Adelman , Kirsten H. Engel |
ADAPTIVE FEDERALISM: THE CASE AGAINST REALLOCATING ENVIRONMENTAL REGULATORY AUTHORITY |
92 Minnesota Law Review 1796 (June, 2008) |
A hallmark of environmental federalism is that neither federal nor state governments limit themselves to what many legal scholars have deemed to be their appropriate domains. The federal government continues to regulate local issues, such as remediation of contaminated industrial sites, which have few direct interstate connections and few benefits... |
2008 |
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Kristin H. Berger Parker |
AMBIENT HARASSMENT UNDER TITLE VII: RECONSIDERING THE WORKPLACE ENVIRONMENT |
102 Northwestern University Law Review 945 (Special Issue 2008) |
Introduction. 946 I. Does Ambient Harassment Really Affect Women?. 949 II. Statutory Elements of Hostile Environment Sexual Harassment. 952 A. Harassment as a Cognizable Claim Under Title VII. 952 B. The 1991 Amendments: Compensatory and Punitive Damages. 954 III. From Subordination to Formal Equality. 955 A. Because of Sex . 956 B. Oncale v.... |
2008 |
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Sarah Krakoff |
AMERICAN INDIANS, CLIMATE CHANGE, AND ETHICS FOR A WARMING WORLD |
85 Denver University Law Review 865 (2008) |
Developing a sense of ourselves that would properly balance history and nature and space and time is a more difficult task than we would suspect and involves a radical reevaluation of the way we look at the world around us. Do we continue to exploit the earth or do we preserve it and preserve life? Whether we are prepared to embark on a painful... |
2008 |
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Micah J.B. McOwen |
AN EARTH USED WITH JUDGMENT, NOT TO EXCESS: DISTILLING A MORMON APPROACH TO ENVIRONMENTAL LAW |
23 Journal of Law and Religion 673 (2007-2008) |
[T]he fulness of the earth is yours, the beasts of the field and the fowls of the air . . . and the herb, and the good things which come of the earth . . . [a]nd it pleaseth God that he hath given all these things unto man; for unto this end were they made to be used, with judgment, not to excess, neither by extortion. The Church of Jesus Christ... |
2008 |
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Andrew Adler |
AN UNINTENDED AND ABSURD EXPANSION: THE APPLICATION OF THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT TO FOREIGN LANDS |
38 New Mexico Law Review 133 (Winter, 2008) |
The federal government currently utilizes a variety of legal tools to deter the looting of cultural property and archaeological resources in foreign nations. Most attention has focused on two major legal tools used to achieve this objective: bilateral agreements restricting the importation of cultural objects and the National Stolen Property Act... |
2008 |
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David Correia |
APPENDIX: LAND GRANT SPECULATION IN NEW MEXICO DURING THE TERRITORIAL PERIOD |
48 Natural Resources Journal 927 (Fall, 2008) |
Much of the research on the adjudication problems that confronted Spanish and Mexican land grant heirs in New Mexico has focused on the conflicts between private and common property-tenure arrangements. While historians have focused on the patterns of speculation by Santa Fe Ring lawyers and commercial speculators, their emphasis has been on the... |
2008 |
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Elizabeth Loeb |
AS "EVERY SCHOOLBOY KNOWS": GENDER, LAND, AND NATIVE TITLE IN THE UNITED STATES |
32 New York University Review of Law and Social Change 253 (2008) |
This article begins with an obvious but necessary premise: the U.S. state has historically produced itself as sovereign over a specific territorial mass through the violent conquest and continuing occupation of lands to which Native Americans also lay and have laid sovereign claim. At its core, this article seeks to ask how a Liberal conception of... |
2008 |
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Elise Catera |
ATCA: CLOSING THE GAP IN CORPORATE LIABILITY FOR ENVIRONMENTAL WAR CRIMES |
33 Brooklyn Journal of International Law 629 (2008) |
When Israel's 2006 military bombing campaign in Lebanon wrought destruction of both the infrastructure of the country as well as the natural environment, the environmental impact of warfare was once again brought to public consciousness. This kind of wanton destruction of the environment has been condemned by the international community, and... |
2008 |
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Randy Samson |
ATLANTIC CITY SPECIAL: WHETHER THE CASINO EXCEPTION TO THE NEW JERSEY SMOKE-FREE AIR ACT COMPORTS WITH THE NEW JERSEY CONSTITUTION'S GENERAL PROHIBITION OF SPECIAL LAWS |
38 Seton Hall Law Review 359 (2008) |
April 14, 2006--Kelly's Tavern in New Brunswick, New Jersey. 11:50 p.m. Almost in unison, the patrons of the small corner bar light up cigarettes. The manager has announced that, come midnight, the ashtrays will be removed and smoking inside the establishment will be prohibited in compliance with New Jersey's new indoor smoking ban. Grumbles of... |
2008 |
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Tony George Puthucherril |
BALLAST WATERS AND AQUATIC INVASIVE SPECIES: A MODEL FOR INDIA |
19 Colorado Journal of International Environmental Law and Policy 381 (Summer 2008) |
Even as you read this page, aquatic invaders are lurking in the holds of transoceanic ships awaiting a new home. Unleashed into a new environment, non-native marine species have the potential to cause billions of dollars and irreparable harm to local fisheries and marine ecosystems. This article examines the growing problem of ballast waters as a... |
2008 |
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Carol M. Rose |
BIG ROADS, BIG RIGHTS: VARIETIES OF PUBLIC INFRASTRUCTURE AND THEIR IMPACT ON ENVIRONMENTAL RESOURCES |
50 Arizona Law Review 409 (Summer 2008) |
Two types of public infrastructure--roads and property rights--are often thought critical to economic development; this Article compares their impacts on the natural environment. Both roads and property rights draw unfamiliar persons to remote areas, undermine existing informal resource practices, and enhance wide commercial trade, creating wealth... |
2008 |
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Rose Cuison Villazor |
BLOOD QUANTUM LAND LAWS AND THE RACE VERSUS POLITICAL IDENTITY DILEMMA |
96 California Law Review 801 (June, 2008) |
Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial versus political paradigm. This dichotomy may be traced to Morton v. Mancari and, more recently, to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of American Indian... |
2008 |
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Bradley C. Karkkainen |
BOTTLENECKS AND BASELINES: TACKLING INFORMATION DEFICITS IN ENVIRONMENTAL REGULATION |
86 Texas Law Review 1409 (June, 2008) |
The first generation of statutory and regulatory environmental law in this country naively assumed that information would be abundant and cheap to acquire. Nowhere is this assumption clearer, perhaps, than in the National Environmental Policy Act (NEPA), the statute that signaled the onset of the environmental decade of the 1970s. NEPA famously... |
2008 |
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Douglas A. Kysar |
BREAK THROUGH: FROM THE DEATH OF ENVIRONMENTALISM TO THE POLITICS OF POSSIBILITY. BY TED NORDHAUS & MICHAEL SHELLENBERGER. NEW YORK: HOUGHTON MIFFLIN CO. 2007. PP. 344. $25.00. |
121 Harvard Law Review 2041 (June, 2008) |
In the conventional telling, environmentalism's modern history begins at spring. It is silent. Or, at least, it would be silent, if only the destructive din of postwar industrialism would subside long enough to reveal the stillness of a vacant, dying natural landscape. A lone female voice manages to pierce through this din, seizing the American... |
2008 |
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John C. Martin |
BRINGING DEAD CAPITAL TO LIFE: INTERNATIONAL MANDATES FOR LAND TITLING IN BRAZIL |
31 Boston College International and Comparative Law Review 121 (Winter, 2008) |
Abstract: Economist Hernando de Soto urges land re-titling programs in developing countries so that squatting farmers and businesspeople may be integrated into a lawful economy. Re-titling programs, however, can go awry, fueling class and racial backlash, and undermining economic stability and trust in property titles. This Note explores the risks... |
2008 |
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Thomas William “T.W.” Bruno |
BRINGING SEXY BRAC: THE CASE FOR ALLOWING LOCAL GOVERNMENTS TO CONTROL ENVIRONMENTAL CLEANUP IN THE MILITARY BASE CLOSURE AND REDEVELOPMENT PROCESS |
32 William and Mary Environmental Law and Policy Review 513 (Winter, 2008) |
On November 9, 1989 the Berlin Wall fell, and as the wall descended, it lifted the Iron Curtain and signaled the end of a major threat to the security of the United States. Without the threat of all-out war, legislators and military officials could not justify the military's cost. In an effort to reduce spending and increase efficiency, Congress... |
2008 |
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Raymond B. Ludwiszewski, Esq. , Charles H. Haake, Esq. |
CARS, CARBON, AND CLIMATE CHANGE |
102 Northwestern University Law Review 665 (Special Issue 2008) |
Since the advent of major environmental regulatory programs in the 1970s, federal regulation has been justified on the grounds that the federal government must forestall a race to the bottom: the tendency of states to lower environmental standards in order to attract economic growth while passing off the costs of those lower environmental... |
2008 |
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David B. Hunter |
CIVIL SOCIETY NETWORKS AND THE DEVELOPMENT OF ENVIRONMENTAL STANDARDS AT INTERNATIONAL FINANCIAL INSTITUTIONS |
8 Chicago Journal of International Law 437 (Winter 2008) |
The development of environmental standards at financial institutions is arguably among the most important international environmental law developments in the past two decades, yet these standards bear little resemblance to traditional visions of international law and may not even rightly be labeled international law at all. The standards are... |
2008 |
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Dr. Ahmed Djoghlaf |
CLIMATE CHANGE AND BIODIVERSITY IN POLAR REGIONS |
8 Sustainable Development Law & Policy 14 (Spring, 2008) |
Polar ecosystems are home to an array of plants and animals that survive in some of the most extreme conditions in the world. For example, the seas surrounding the Antarctic are rich in plankton, which support a rich marine food chain, while the Arctic itself supports many mammals and plays an important role in the annual cycle of migratory birds.... |
2008 |
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Robin Kundis Craig |
CLIMATE CHANGE, REGULATORY FRAGMENTATION, AND WATER TRIAGE |
79 University of Colorado Law Review 825 (Summer 2008) |
Viewed from a watershed perspective, we are unconsciously sacrificing many marine ecosystems because upstream fresh water is a regulatorily fragmented resource. That is, water is subject to multiple assertions of regulatory authority and to multiple types of use-right claims that those authorities regulate. As freshwater supplies become... |
2008 |
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Michael P. Vandenbergh , Brooke A. Ackerly |
CLIMATE CHANGE: THE EQUITY PROBLEM |
26 Virginia Environmental Law Journal 55 (2008) |
Income disparity in America affects the potential for environmental reform. When environmental standards are imposed on industry, the cost of consumer goods tends to rise, and low-income consumers can be priced out of important goods and services. This anticipated burden makes regulators less eager to impose standards that they know will raise... |
2008 |
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Joseph W. Dellapenna |
CLIMATE DISRUPTION, THE WASHINGTON CONSENSUS, AND WATER LAW REFORM |
81 Temple Law Review 383 (Summer 2008) |
The planet today is undergoing disruptive climate change. As one study found, after nearly a millennium of a slow but steady cooling trend, the twentieth century has seen a dramatic upsurge in average global temperatures. For some years, farmers have experienced measurably longer growing seasons in the Northern Hemisphere. These changes--which now... |
2008 |
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James L. Olmsted, Esq. |
CLIMATE SURFING: A CONCEPTUAL GUIDE TO DRAFTING CONSERVATION EASEMENTS IN THE AGE OF GLOBAL WARMING |
23 Saint John's Journal of Legal Commentary 765 (Fall 2008) |
This article is directed to the land trust community and to other individuals and organizations that seek to preserve and protect land through conservation easements. It begins with the assumption, based upon overwhelming scientific data and analysis, that global warming is here and is having disastrous effects. To support this assumption, this... |
2008 |
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Russel Lawrence Barsh |
COAST SALISH PROPERTY LAW: AN ALTERNATIVE PARADIGM FOR ENVIRONMENTAL RELATIONSHIPS |
14 Hastings West-Northwest Journal of Environmental Law, Policy 1375 (Winter 2008) |
In different venues, Pacific Northwest anthropologist and linguist Wayne Suttles and Salish economist Ronald Trosper have argued that the indigenous peoples of Puget Sound and the Gulf of Georgia--the Coast Salish peoples of the Salish Sea--achieved a high degree of economic stability and environmental sustainability through a distinctive... |
2008 |
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Derick Fay, Union College |
CONSTITUTING DEMOCRACY: LAW, GLOBALISM AND SOUTH AFRICA'S POLITICAL RECONSTRUCTION HEINZ KLUG (CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2000) DEMOCRACY COMPROMISED: CHIEFS AND THE POLITICS OF THE LAND IN SOUTH AFRICA LUNGISILE NTSEBEZA (LEIDEN AND BOSTON: B |
31 PoLAR: Political and Legal Anthropology Review 174 (May, 2008) |
Each of these volumes by South African scholar-activists is a significant piece of scholarship. Klug's work illuminates the hybrid of international and local forms that emerged in South Africa's constitution. Ntsebeza's work offers a historical analysis of the relation between tradition and property in a corner of the rural Transkei, as the... |
2008 |
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Paul Boudreaux |
COVERT OPINION: REVEALING A NEW INTERPRETATION OF ENVIRONMENTAL LAWS |
9 Vermont Journal of Environmental Law 239 (Winter, 2008) |
The standard history of the federal environmental statutes is that Congress fairly consistently chose the protection of water, wildlife, and human health over economic interests. But is the conventional wisdom correct? Are many of the interpretations in fact the result of agency and judicial creativity? Considering the current U.S. Supreme Court's... |
2008 |
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Rajendra Ramlogan |
CREATING INTERNATIONAL CRIMES TO ENSURE EFFECTIVE PROTECTION OF THE ENVIRONMENT |
22 Temple International and Comparative Law Journal 345 (Fall 2008) |
The twentieth century demonstrated much of mankind's worst attitudes with particular reference to abuse of the environment. This is not to say that environmental abuse was invented in the twentieth century. The evolutionary history of man shows him being drawn inexorably into conflict with his natural surroundings, a conflict constantly deepened by... |
2008 |
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Leonardo A. Crippa |
CROSS-CUTTING ISSUES IN THE APPLICATION OF THE GUATEMALAN "NEPA": ENVIRONMENTAL IMPACT ASSESSMENT AND THE RIGHTS OF INDIGENOUS PEOPLES |
24 American University International Law Review 103 (2008) |
INTRODUCTION. 104 I. COMPARATIVE ANALYSIS OF THE U.S. NEPA AND THE EQUIVALENT GUATEMALAN LEGISLATION. 107 A. An Overview of the Guatemalan Law for Environmental Assessment, Control and Follow-up (LEACF). 108 1. Environmental Impact Assessment. 110 2. The Requirement of Public Participation Under Guatemalan Law. 112 B. The Requirement of an... |
2008 |
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Maria E. Hohn |
DETERMINING WATER QUALITY STANDARDS ON TRIBAL RESERVATIONS: A COOPERATIVE APPROACH TO ADDRESSING WATER QUALITY UNDER THE CLEAN WATER ACT |
11 University of Denver Water Law Review 293 (Spring, 2008) |
INTRODUCTION. 294 I. THE CURRENT LEGAL FRAMEWORK. 295 A. The Clean Water Act. 295 1. Basics of the CWA. 295 2. Federalism under the CWA. 297 3. Treatment as States. 298 B. Implications of Tribal Sovereignty and the Trust Relationship. 299 C. Application of General Principles of the Reserved Rights Doctrine. 301 1. Treaties: Grants or... |
2008 |
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Audrey Kelm |
ECOTOURISM: CALLING A TRUCE BETWEEN SKI RESORT DEVELOPERS AND ENVIRONMENTAL GROUPS |
21 Pacific McGeorge Global Business & Development Law Journal 339 (2008) |
I. Introduction. 340 II. Ecotourism: What Is It?. 341 A. Definition of Ecotourism. 341 B. The Ecological Environment of the Mountains. 343 C. Ski Resorts As An Ecotourist Attraction. 347 III. Current Laws Governing Mountain Land Use. 348 A. Existing Regulations and Legislation. 349 B. The United States. 349 C. France. 350 D. Italy. 351 E. Other... |
2008 |
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Eileen Gauna |
EL DIA DE LOS MUERTOS: THE DEATH AND REBIRTH OF THE ENVIRONMENTAL MOVEMENT |
38 Environmental Law 457 (Spring 2008) |
The Dance Goes On, by Cay Garcia © 2004, with permission In 2004, in response to an article titled Death of Environmentalism, many in the environmental community engaged in a debate about whether the environmental movement was capable of adequately inspiring the public to effectively respond to climate change. This Article examines the strand of... |
2008 |
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ENVIRONMENTAL ENFORCEMENT AND CRIMES |
2008 ABA Environment, Energy, and Resources Law: The Year in Review 63 (2008) |
The U.S. Environmental Protection Agency (EPA) environmental enforcement program continues at a vigorous pace. Assistant Administrator Granta Y. Nakayama, head of the Office of Compliance Assurance (OECA), characterized the EPA's 2008 efforts as protecting our nation's air, water, and land at a pace never before seen in EPA's history. In Fiscal... |
2008 |
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Jonathan C. Borck , Cary Coglianese , Jennifer Nash |
ENVIRONMENTAL LEADERSHIP PROGRAMS: TOWARD AN EMPIRICAL ASSESSMENT OF THEIR PERFORMANCE |
35 Ecology Law Quarterly 771 (2008) |
Over the past decade, the U.S. Environmental Protection Agency (EPA) and states have developed environmental leadership programs (ELPs), a type of voluntary environmental program designed to recognize facilities with strong environmental performance records and encourage all facilities to perform better. Proponents argue that ELPs overcome some of... |
2008 |
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Francisco Benzoni |
ENVIRONMENTAL STANDING: WHO DETERMINES THE VALUE OF OTHER LIFE? |
18 Duke Environmental Law and Policy Forum 347 (Spring 2008) |
The constitutional requirements for standing articulated by the Supreme Court impose a fiercely contested theory of value on the democratic polity. These requirements (of injury-in-fact, causation, and redressability) are threshold requirements that must be met by the human plaintiff in order for a federal court to hear the case. Because they are... |
2008 |
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Ole W. Pedersen |
EUROPEAN ENVIRONMENTAL HUMAN RIGHTS AND ENVIRONMENTAL RIGHTS: A LONG TIME COMING? |
21 Georgetown International Environmental Law Review 73 (Fall, 2008) |
C1-3Contents I. Introduction. 73 II. The Normative and International Context. 75 A. International History and Development. 77 B. Regional Developments. 79 III. The European Convention on Human Rights. 83 IV. The UNECE Aarhus Convention on Access to Information, Public Participation and Access to Justice. 92 V. European Community Environmental Law,... |
2008 |
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Chris Wold |
EVALUATING NAFTA AND THE COMMISSION FOR ENVIRONMENTAL COOPERATION: LESSONS FOR INTEGRATING TRADE AND ENVIRONMENT IN FREE TRADE AGREEMENTS |
28 Saint Louis University Public Law Review 201 (2008) |
I. Introduction. 202 II. The Development of Environment Provisions in the NAAEC. 208 A. The Environmental Effects of Trade Liberalization. 208 B. The NAFTA/NAAEC Negotiations. 213 C. The NAAEC's Environmental Provisions. 214 1. The NAAEC's Institutions. 216 2. The NAAEC's Enforcement Provisions. 217 a. The Government Sanctions Process. 217 b. The... |
2008 |
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Federico Cheever |
EVERYONE COMPLAINS ABOUT THE WEATHER, BUT NO ONE EVER DOES ANYTHING ABOUT IT: INTERJURISDICTIONAL FAILURE TO DESIGNATE RESPONSIBLE PARTIES FOR THE CLIMATE CRISIS |
85 Denver University Law Review 765 (2008) |
The evolving response to the approaching climate crisis challenges the assumptions on which many groups of policymakers rely to make sense of the world around them. It has dramatically broadened our notion of what constitutes an environmentally significant transaction. It has altered our view of the relationship between developed and developing... |
2008 |
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Barbara Cosens |
FARMERS, FISH, TRIBAL POWER, AND POKER; REALLOCATING WATER IN THE TRUCKEE RIVER BASIN, NEVADA AND CALIFORNIA |
14 Hastings West-Northwest Journal of Environmental Law, Policy 1243 (Winter 2008) |
The law governing allocation of water in the western United States has changed little in over 100 years. Over this period, however, both our population and our understanding of the natural systems served by rivers have mushroomed. To meet growing urban needs and to reverse the environmental cost extracted from natural systems, contemporary water... |
2008 |
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