| Author | Title | Citation | Summary | Year |
| 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 |
| Jeremy Linden |
AT THE BUS DEPOT: CAN ADMINISTRATIVE COMPLAINTS HELP STALLED ENVIRONMENTAL JUSTICE PLAINTIFFS? |
16 New York University Environmental Law Journal 170 (2008) |
Introduction. 171 I. The Environmental justice Movement and the Law. 175 A. Beginnings of the EJM. 175 1. Fighting Market and Political Process Failures. 176 2. A Two-Pronged Attack. 178 B. The Litigation Landscape. 180 1. Constitutional Claims. 180 2. Early Use of Title VI of the Civil Rights Act of 1964. 182 a. Implied Right of Action. 183 3.... |
2008 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Avi Brisman |
CRIME-ENVIRONMENT RELATIONSHIPS AND ENVIRONMENTAL JUSTICE |
6 Seattle Journal for Social Justice 727 (Spring/Summer, 2008) |
As a concept, environmental justice has always eluded specific or restrictive definition. It has been commonly understood as the pursuit of equal justice and equal protection under the law for all environmental statutes and regulations without discrimination based on race, ethnicity, and/or socioeconomic status or as the fair treatment and... |
2008 |
| 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 |
| 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 |
| Robert D. Bullard , Beverly Wright |
DISASTROUS RESPONSE TO NATURAL AND MAN-MADE DISASTERS: AN ENVIRONMENTAL JUSTICE ANALYSIS TWENTY-FIVE YEARS AFTER WARREN COUNTY |
26 UCLA Journal of Environmental Law & Policy 217 (2008) |
I. introduction. 218 II. studies in failure: federal and state responses to environmental emergencies. 221 A. Government Response to the PCB Threat in Warren County. 221 1. Hunt's Dump . 221 2. Why Warren County?. 223 3. The Warren County Siting Decision: A Symptom of a Larger Disease. 224 B. The Dumping Grounds in a Tennessee Town. 226 1. Why... |
2008 |
| Dora Acherman |
DISCRIMINATION BY ANY OTHER NAME: ALTERNATIVES TO PROVING DELIBERATE INTENT IN ENVIRONMENTAL RACISM CASES |
4 FIU Law Review 255 (Fall, 2008) |
I. Introduction. 256 II. Environmental justice Claims Based on Civil Rights Legislation. 257 A. The Intent Requirement in Equal Protection and Title VI. 258 B. Claims of Disparate Impact Under Section 602 of Title VI. 261 C. The Future of Environmental Claims under Civil Rights Legislation. 264 III. Alternative Litigation Approaches to Civil Rights... |
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 |
| Alice Kaswan |
ENVIRONMENTAL JUSTICE AND DOMESTIC CLIMATE CHANGE POLICY |
38 Environmental Law Reporter News & Analysis 10287 (May, 2008) |
Editors' Summary: Legislators and regulators should incorporate environmental justice concerns and opportunities into climate change policies. In this Article, Prof. Alice Kaswan first addresses the environmental justice benefits and risks of cap-and-trade programs. The environmental benefits include enabling higher reduction goals, imposing... |
2008 |
| Luke W. Cole |
ENVIRONMENTAL JUSTICE AND THE THREE GREAT MYTHS OF WHITE AMERICANA |
14 Hastings West-Northwest Journal of Environmental Law, Policy 573 (Winter 2008) |
In the environmental justice movement we face many hurdles, some of our own making. In this essay, I want to focus on some of those hurdles, which I call the three great myths of white Americana, and how they play out in the environmental justice context. All of us who are advocates for environmental justice will encounter these myths in one form... |
2008 |
| Robert W. Collin |
ENVIRONMENTAL JUSTICE IN OREGON: IT'S THE LAW |
38 Environmental Law 413 (Spring 2008) |
As states have grappled with new policy approaches and processes to begin resolution of environmental injustices, the issues, approaches, and observations from the first of state level environmental justice task forces and commissions can inform all stakeholders of their efficacy. These new Environmental justice processes may also develop... |
2008 |
| Catherine A. O'Neill |
ENVIRONMENTAL JUSTICE IN THE TRIBAL CONTEXT: A MADNESS TO EPA'S METHOD |
38 Environmental Law 495 (Spring 2008) |
Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been... |
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 |
| Marguerite L. Spencer |
ENVIRONMENTAL RACISM AND BLACK THEOLOGY: JAMES H. CONE INSTRUCTS US ON WHITENESS |
5 University of Saint Thomas Law Journal 288 (Winter 2008) |
I. Introduction. 288 II. Context. 290 A. Environmental racism. 290 B. The Environmental justice Movement. 293 C. Governmental Responses. 295 III. James H. Cone and Whiteness. 297 A. Black Theology. 297 B. White Theology. 299 C. The White Problem. 301 D. White American Structures. 302 IV. Toward an Ecological Ethic of True Reconciliation. 303 A.... |
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 |