AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
William L. Andreen FEDERAL CLIMATE CHANGE LEGISLATION AND PREEMPTION 3 Environmental & Energy Law & Policy Journal 261 (Fall 2008) I. Introduction. 262 II. The Crisis of Climate Change. 269 A. Variations in Regional Impact. 270 III. The Governmental Response in the United States to Climate Change. 271 A. The Federal Response. 271 B. State Responses. 274 IV. U.S. Climate Change Legislation. 284 A. Stationary Sources. 285 1. Critiquing Arguments for Ceiling Preemption. 285 a.... 2008  
Carrie E. Garrow FOLLOWING DESKAHEH'S LEGACY: RECLAIMING THE CAYUGA INDIAN NATION'S LAND RIGHTS AT THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 35 Syracuse Journal of International Law and Commerce 341 (Spring 2008) Deskaheh, Chief of the Younger Bear Clan of the Cayuga Nation in the 1920s, prepared the path for international recognition of Haudenosaunee (People of the Longhouse) sovereignty and human rights. An eloquent orator and resolute leader, he spent many years advocating for international recognition of Haudenosaunee sovereignty and treaty violations... 2008  
Tiffany L. Taylor FROM GEORGIA V. TENNESSEE COPPER CO. TO MASSACHUSETTS V. EPA: AN OVERVIEW OF AMERICA'S HISTORY OF AIR POLLUTION REGULATION AND ITS EFFECT ON FUTURE REMEDIES TO CLIMATE CHANGE 38 University of Memphis Law Review 763 (Spring, 2008) I. Introduction. 764 II. The Clean Air Act's Preemptive Effect on the Federal Common Law of Nuisance. 765 A. Development of Federal Common Law Nuisance Claims. 765 B. Congressional Preemption of Federal Common Law Nuisance Claims. 768 C. Preemptive Effect of the Clean Air Act before Massachusetts v. EPA. 771 1. Claims Involving Traditional... 2008  
Carol M. Rose FROM H2O TO CO2: LESSONS OF WATER RIGHTS FOR CARBON TRADING 50 Arizona Law Review 91 (Spring 2008) Interest in climate change has generated many proposals for cap-and-trade programs to control greenhouse gases. Longstanding American water rights regimes may have some lessons for these new proposals. Nineteenth century eastern water law focused on the cap--keeping water instream--and particularly illustrates the importance of mobilized... 2008  
Joshua J. Bruckerhoff GIVING NATURE CONSTITUTIONAL PROTECTION: A LESS ANTHROPOCENTRIC INTERPRETATION OF ENVIRONMENTAL RIGHTS 86 Texas Law Review 615 (February, 2008) Is it possible to use constitutional rights to protect the intrinsic value of nature? This question should seem somewhat paradoxical. Constitutional rights are, by their very nature, anthropocentric--they confer a right to people and to people only. This Note argues, nonetheless, that it is possible to use constitutional environmental rights to... 2008  
Jacqueline P. Hand GLOBAL CLIMATE CHANGE: A SERIOUS THREAT TO NATIVE AMERICAN LANDS AND CULTURE 38 Environmental Law Reporter News & Analysis 10329 (May, 2008) Editors' Summary: During the past decade, public perception of global climate change has transformed from a gloom and doom scenario not to be taken seriously to a nearly universally recognized peril to the planet. Native Americans, especially those in the Arctic region, experience changes in climate with greater immediacy than the general... 2008  
Sumudu Atapattu GLOBAL CLIMATE CHANGE: CAN HUMAN RIGHTS (AND HUMAN BEINGS) SURVIVE THIS ONSLAUGHT? 20 Colorado Journal of International Environmental Law and Policy 35 (Fall 2008) The fact that global climate change is occurring is no longer seriously debated; rather, the discussion now focuses on the range and severity of its consequences. These consequences extend beyond harm to the natural environment and human health and implicate the whole range of human rights recognized under international law--civil, political,... 2008  
Shiraz Rustomjee GLOBAL ENVIRONMENTAL LAW AND INDIA 36 International Journal of Legal Information 342 (Summer, 2008) I. International Environmental Law II. Indian Environmental Statue-law and policy III. Indian Environmental Jurisprudence - the role of the Supreme Court IV. Global Warming and Climate Change V. Problems and Future Challenges The nature of, and need for, International Environmental Law Milestones in International Environmental Law India's... 2008  
Dominic J. Nardi Jr. GREENING ENVIRONMENTAL RIGHTS: SEPARATING LAW AND MORALITY IN ENVIRONMENTAL PUBLIC INTEREST LITIGATION IN PAKISTAN 38 Environmental Law Reporter News & Analysis 10029 (January, 2008) Editors' Summary: Many environmentalists consider active environmental litigation in developing countries to be a positive development. However, in Pakistan, a country that encourages public interest litigation, this system poses serious institutional and legal problems that may hinder the development of an effective national response to... 2008  
Elisabeth A. Keller, Judith B. Tracy HIDDEN IN PLAIN SIGHT: ACHIEVING MORE JUST RESULTS IN HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT CASES BY RE-EXAMINING SUPREME COURT PRECEDENT 15 Duke Journal of Gender Law & Policy 247 (January, 2008) Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights Act of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore... 2008  
Lane R. Neal HIGHWAY APPROPRIATIONS BILL SHAPES TRIBAL SOVEREIGNTY: A LOOK AT OKLAHOMA TRIBES' ABILITY TO SET ENVIRONMENTAL STANDARDS IN LIGHT OF RECENT FEDERAL LEGISLATION 32 American Indian Law Review 219 (2007-2008) The relationship between Native Americans and their natural environment goes back to the beginning of human life in North America. As sovereign nations with strong cultural ties to their natural environment, it would seem rational that regulation of environmental standards within Indian Country would be left to the tribes. However, environmental... 2008  
Roberta Kennedy HOLLY DOREMUS & A. DAN TARLOCK, WATER WAR IN THE KLAMATH BASIN: MACHO LAW, COMBAT BIOLOGY, AND DIRTY POLITICS, ISLAND PRESS, WASHINGTON, D.C. (2008); 261 PP; $30.00; ISBN 978-1-59726-394-8, PAPERBACK. 12 University of Denver Water Law Review 255 (Fall, 2008) Water War in the Klamath Basin: Macho Law, Combat Biology, and Dirty Politics tells the story of the impact of listing three fish species under the Endangered Species Act on farmers, environmentalists, Indians, and government agencies in the Klamath Basin. According to the authors, [t]he title tries to capture the most salient features of events... 2008  
Kekailoa Perry , Jon Kamakawiwoole Osorio HONORING THE LAW AND RESTORING A NATION 31 University of Hawaii Law Review 331 (Winter 2008) Professor Van Dyke's book is one of those unusual literary works that has all of the elements of good scholarship-solid research, a clear focus, rational and credible theory as well as a compassionate approach to a significant issue for the indigenous people of Hawai'i-and still ends up being a pretty fair disappointment. While acknowledging that... 2008  
Jonathan H. Adler HOTHOUSE FLOWERS: THE VICES AND VIRTUES OF CLIMATE FEDERALISM 17 Temple Political & Civil Rights Law Review 443 (Spring 2008) In 2002, California authorized the nation's first regulations governing greenhouse gas emissions from motor vehicles. Yet California cannot enforce regulatory limits on vehicular emissions without federal acquiescence. The federal Clean Air Act (CAA) preempts state controls on motor vehicle emissions. California alone among the fifty states may... 2008  
Kris Nejat HOW THE NEW JERSEY SUPREME COURT SET A NEW PRECEDENT WITH RESPECT TO RELIGION-BASED HOSTILE WORK ENVIRONMENT CLAIMS WITH ITS HOLDING IN CUTLER v. DORN 10 Rutgers Journal of Law & Religion 9 (Fall, 2008) In Cutler v. Dorn, the New Jersey Supreme Court unanimously held that Jason Cutler, an officer with the Haddonfield Police Department, had proved that his rights under the state's Law Against Discrimination (LAD) had been violated by his superiors and co-workers. The opinion, delivered by Justice LaVecchia, set the standard upon which all... 2008  
Harold A. McDougall HURRICANE KATRINA: A STORY OF RACE, POVERTY, AND ENVIRONMENTAL INJUSTICE 51 Howard Law Journal 533 (Spring 2008) [Katrina] in a matter of hours exposed a dense tangle of previously hidden fault lines on race, national security, public health, the economy, and the environment. --Mike Tidwell Hurricane Katrina resulted in what is now one of the worst natural disasters to hit the United States. Katrina left flooded and contaminated [drinking] water... 2008  
Roda Mushkat IMPLEMENTING ENVIRONMENTAL LAW IN TRANSITIONAL SETTINGS: THE CHINESE EXPERIENCE 18 Southern California Interdisciplinary Law Journal 45 (Fall 2008) Chinese history over the past three millennia has been littered with numerous upheavals. Empires have risen and fallen in a disruptive fashion. The practices of imperial rule have more often than not been characterized by malevolence and thoughtlessness, and have resulted in widespread economic and social dislocation. Warlords have been engaged in... 2008  
Erik M. Jensen INDIAN GAMING ON NEWLY ACQUIRED LANDS 47 Washburn Law Journal 675 (Spring 2008) In 1988, Congress enacted the Indian Gaming Regulatory Act, commonly known as IGRA, to provide a framework within which gambling on the lands of the American Indian nations can take place. The policies behind IGRA were several. Most important, Congress intended to improve the economic conditions, and thereby the political strength, of American... 2008  
Sarah M. Stevenson INDIGENOUS LAND RIGHTS AND THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES: IMPLICATIONS FOR MAORI LAND CLAIMS IN NEW ZEALAND 32 Fordham International Law Journal 298 (December, 2008) The rights of indigenous peoples worldwide were recognized and affirmed by the international community on September 13, 2007, when the General Assembly of the United Nations (U.N.) adopted, by overwhelming majority, the Universal Declaration on the Rights of Indigenous Peoples (Declaration). Only four States voted against the Declaration, and... 2008  
  INTERNATIONAL ENVIRONMENTAL LAW 2008 ABA Environment, Energy, and Resources Law: The Year in Review 92 (2008) This report reviews some of the major developments in international environmental law in 2008. Given this comprehensive scope, it is, by necessity, selective rather than comprehensive. Those desiring a more comprehensive or detailed analysis of these subjects are invited to review the sources cited. The sixteenth session of the U.N. Commission on... 2008  
Joseph W. Dellapenna INTERNATIONAL WATER LAW IN A CLIMATE OF DISRUPTION 17 Michigan State Journal of International Law 43 (2008) The climate is changing, indeed it is being disrupted on a massive scale, and human activity is a prominent cause in the change. Climate disruption will impact most critically on the water resources on which our lives depend. Water, after all, is more immediately essential to life than any other resource except air. As I am fond of pointing out,... 2008  
Samantha Sheppard JAPAN AS A MODEL FOR SOUTH AFRICAN LAND REFORM 17 Transnational Law & Contemporary Problems 553 (Spring 2008) I. Introduction. 553 II. What is Land Reform?. 555 III. South African Land Reform Policy. 556 A. History: What Led to the Need for Land Reform in South Africa?. 556 B. South Africa's Land Reform Legislation. 558 C. The Methods and Process of South African Land Reform. 560 1. The General Process. 560 2. Method of Land Acquisition. 561 IV. Japanese... 2008  
William G. Merkel JEFFERSON'S FAILED ANTI-SLAVERY PROVISO OF 1784 AND THE NASCENCE OF FREE SOIL CONSTITUTIONALISM 38 Seton Hall Law Review 555 (2008) Despite his severe racism and inextricable personal commitments to slavery, Thomas Jefferson made profoundly significant contributions to the rise of anti-slavery constitutionalism. This Article examines the narrowly defeated anti-slavery plank in the Territorial Governance Act drafted by Jefferson and ratified by Congress in 1784. The provision... 2008  
Carol Raish, Alice M. McSweeney LAND GRANTS AND THE U. S. FOREST SERVICE 48 Natural Resources Journal 1039 (Fall, 2008) The U.S. Forest Service (Forest Service) has a long, shared history with the land grants of northern New Mexico. During the land grant adjudication process after U.S. conquest, much common land from both Spanish and Mexican land grants was declared public domain, eventually becoming part of the northern and central New Mexico National Forests.... 2008  
Nancy D. Perkins LIVABILITY, REGIONAL EQUITY, AND CAPABILITY: CLOSING IN ON SUSTAINABLE LAND USE 37 University of Baltimore Law Review 157 (Winter 2008) In recent years, sustainable land use planning has captured the fancy of scholars from a wide array of disciplines. The attention is justified by observations that an overhaul of the United States' land use system is underway. This change, spurred in part by the sustainable development movement, has been marked by a proliferation of local... 2008  
Marcel De Armas, Maria Vanko MITIGATING BLACK CARBON AS A MECHANISM TO PROTECT THE ARCTIC AND PREVENT ABRUPT CLIMATE CHANGE 8 Sustainable Development Law & Policy 41 (Spring, 2008) Climate change is impacting the Arctic earlier and more intensely than any other area of the planet. Winter temperatures have increased as much as three-to-four degrees Celsius in the past fifty years and are projected to increase four-to-seven degrees Celsius over land areas and seven-to-ten degrees over the Arctic Ocean by the end of the century.... 2008  
Jonathan H. Adler MONEY OR NOTHING: THE ADVERSE ENVIRONMENTAL CONSEQUENCES OF UNCOMPENSATED LAND USE CONTROLS 49 Boston College Law Review 301 (March, 2008) Abstract: The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to... 2008  
Christine Malumphy, Randall Yates MUDDYING TRIBAL WATERS: MAINE V. JOHNSON, INTERNAL TRIBAL AFFAIRS, AND POINT SOURCE DISCHARGE PERMITTING IN INDIAN COUNTRY 35 Ecology Law Quarterly 263 (2008) Maine v. Johnson represents the convergence of the paths of the Environmental Protection Agency (EPA), the Clean Water Act (CWA), and an agreement between a state and Native American tribes designed to protect the environment. Unfortunately, at the intersection of these paths lies a decision that threatens environmental health and Native... 2008  
Karin McDougal NAT'L AUDUBON SOC'Y, ET AL. V. KEMPTHORNE: A WIN FOR THE ENVIRONMENT, OR AN EXAMPLE OF NEPA'S SHORTCOMINGS? 13 Drake Journal of Agricultural Law 437 (Summer, 2008) I. Introduction. 437 II. Background of the National Petroleum Reserve - Alaska. 439 III. Recent Case Developments. 441 A. First Challenge - North Alaska Environmental Center v. Norton. 441 1. History and Issues Presented. 441 2. Discussion. 442 3. Significance of Decision. 443 B. Second Challenge - National Audubon Society, et al. v. Kempthorne.... 2008  
Sara Brucker NAVAJO NATION V. UNITED STATES FOREST SERVICE: DEFINING THE SCOPE OF NATIVE AMERICAN FREEDOM OF RELIGIOUS EXERCISE ON PUBLIC LANDS 31-SPG Environs Environmental Law and Policy Journal 273 (Spring 2008) Introduction. 275 I. Early History. 276 A. Sherbert and Yoder: Establishing the Strict Scrutiny Test. 276 B. The SmithRevolution. 277 II. The Creation of RFRA and RLUIPA. 278 A. RFRA: A Quick Congressional Response. 278 B. City of Boerne: The Tug of War Continues. 279 C. RLUIPA and the Amendments to RFRA. 280 D. Affirmation of Gonzalesand Cutter.... 2008  
Phillip A. Hummel NEXT STOP - A CLEANER AND HEALTHIER ENVIRONMENT: GLOBAL STRATEGIES TO PROMOTE PUBLIC TRANSIT 35 Transportation Law Journal 263 (Fall 2008) Transportation demands and environmental concerns are inextricably linked. The choices societies make to satisfy the fundamental need of transporting goods and people from one place to another impact energy consumption, air and water quality, public health and land use development patterns. Cities and countries around the world have felt the... 2008  
Cinnamon Carlarne NOTES FROM A CLIMATE CHANGE PRESSURE-COOKER: SUB-FEDERAL ATTEMPTS AT TRANSFORMATION MEET NATIONAL RESISTANCE IN THE USA 40 Connecticut Law Review 1351 (July, 2008) Global climate change poses one of the most pressing environmental, economic, and social problems of the 21st Century. The United States of America bears a disproportionate burden for contributing to global climate change and has the capacity-if not the will-to be a world leader in combating climate change. Local, state and civil society efforts to... 2008  
Benjamin K. Sovacool , Christopher Cooper NUCLEAR NONSENSE: WHY NUCLEAR POWER IS NO ANSWER TO CLIMATE CHANGE AND THE WORLD'S POST-KYOTO ENERGY CHALLENGES 33 William and Mary Environmental Law and Policy Review 1 (Fall, 2008) Nuclear power plants are a poor choice for addressing energy challenges in a carbon-constrained, post-Kyoto world. Nuclear generators are prone to insolvable infrastructural, economic, social, and environmental problems. They face immense capital costs, rising uranium fuel prices, significant lifecycle greenhouse gas emissions, and irresolvable... 2008  
James R. May OF HAPPY INCIDENTS, CLIMATE, FEDERALISM, AND PREEMPTION 17 Temple Political & Civil Rights Law Review 465 (Spring 2008) It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. New State Ice Co. v. Liebmann Agencies, like legislatures, do not generally resolve massive problems in one fell regulatory... 2008  
Michelle A. Westcoat ONCE A LANDFILL, NOW A NEIGHBORHOOD SCHOOL, AND THAT'S OK: HARTFORD PARK TENANTS ASSOCIATION v. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL PROTECTION 39 Rutgers Law Journal 739 (Spring, 2008) Would you send your child to a school built on a landfill? In Hartford Park Tenants Association v. Rhode Island Department of Environmental Management, the parents of one Providence community wrestled over this Catch-22: Would they send their children to the new school built over a landfill, or to the old school, crowded and lacking in proper... 2008  
Flynn Coleman PAN-AFRICAN STRATEGIES FOR ENVIRONMENTAL PRESERVATION: WHY WOMEN'S RIGHTS ARE THE MISSING LINK 23 Berkeley Journal of Gender, Law & Justice 181 (2008) The intimate connection between human and environmental rights has been explored extensively. Largely omitted from the discussion, however, is the role rural women have played, and can play, in protecting environmental rights. This Article argues that the protection and fulfillment of women's human rights, in the context of an evolving Pan-African... 2008  
Noah D. Hall POLITICAL EXTERNALITIES, FEDERALISM, AND A PROPOSAL FOR AN INTERSTATE ENVIRONMENTAL IMPACT ASSESSMENT POLICY 32 Harvard Environmental Law Review 49 (2008) Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate... 2008  
E. Donald Elliott PORTAGE STRATEGIES FOR ADAPTING ENVIRONMENTAL LAW AND POLICY DURING A LOGJAM ERA 17 New York University Environmental Law Journal 24 (2008) The topic assigned to me was How we got into the logjam, why it hurts the environment, business, and the public generally, and how to get out of it. I argue that there is indeed a logjam in federal environmental politics today, as majorities in both political parties have degenerated into a blood feud in which they would rather have an... 2008  
Eamon Lorincz POSSESSING THE PACIFIC: LAND, SETTLERS, AND INDIGENOUS PEOPLE FROM AUSTRALIA TO ALASKA, BY STUART BANNER. CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS. 2007. 32 Harvard Environmental Law Review 597 (2008) Most people leave school with a simple understanding of the relationship between British and American colonists, Native Americans and Pacific Islanders, and the lands of the New World: the colonists wanted it, the natives had it, and the colonists used whatever means available to take it. In his new book, Possessing the Pacific: Land, Settlers,... 2008  
John W. Ragsdale, Jr. POSSESSION: AN ESSAY ON VALUES NECESSARY FOR THE PRESERVATION OF WILD LANDS AND TRADITIONAL TRIBAL CULTURES 40 Urban Lawyer 903 (Fall, 2008) The craftsman, one of the many thousands over time, squatted by the volcanic basalt outcrop west of the river that would one day be known as the Rio Grande. With care, skill, devotion to the gods, and an ever-present awareness of the surrounding forces of nature and the universe, he etched the symbols into the rock. For 700 years thereafter, the... 2008  
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