| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Rebecca M. Bratspies |
RETHINKING DECISIONMAKING IN INTERNATIONAL ENVIRONMENTAL LAW: A PROCESS-ORIENTED INQUIRY INTO SUSTAINABLE DEVELOPMENT |
32 Yale Journal of International Law 363 (Summer 2007) |
I. Introduction. 363 II. The Problem of Sustainable Development. 366 III. Evolution of Decisionmaking Authority. 369 A. Authoritative Decision in the New World Order. 370 B. Future Generations and Authoritative Decision. 373 IV. Choosing Between Competing Visions of Sustainable Development. 374 V. The Role of Science. 377 A. Cost Benefit Analysis... |
2007 |
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| Saby Ghoshray |
SEARCHING FOR HUMAN RIGHTS TO WATER AMIDST CORPORATE PRIVATIZATION IN INDIA: HINDUSTAN COCA-COLA PVT. LTD. v. PERUMATTY GRAMA PANCHAYAT |
19 Georgetown International Environmental Law Review 643 (Summer, 2007) |
C1-3Contents I. Introduction. 644 II. Rights to Water Privitatization: Going Beyond Tangible Property Rights. 656 A. Examining the Riparian Doctrine: Special Status of Water as a Natural Resource. 657 B. Legal Pluralism and Variations of Property Rights. 660 C. Continuity and Absoluteness: Will it Work for Water Rights?. 661 III. Right to Water as... |
2007 |
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| Brooke Havard |
SEEKING PROTECTION: RECOGNITION OF ENVIRONMENTALLY DISPLACED PERSONS UNDER INTERNATIONAL HUMAN RIGHTS LAW |
18 Villanova Environmental Law Journal 65 (2007) |
There will be fifty million environmental refugees by 2010, according to experts at the United Nations University. Environmental problems such as rising sea levels, desertification and weather-induced flooding have resulted in the forced migration of many people and could cause the displacement of millions more in the future. Despite such... |
2007 |
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| Elisa Morgera |
SIGNIFICANT TRENDS IN CORPORATE ENVIRONMENTAL ACCOUNTABILITY: THE NEW PERFORMANCE STANDARDS OF THE INTERNATIONAL FINANCE CORPORATION |
18 Colorado Journal of International Environmental Law and Policy 151 (Winter 2007) |
The standards utilized by international financial institutions to review proposed private-sector projects and determine the environmental conditions for their financing can be extremely influential in ensuring more sustainable practices by private companies. The most notable example is provided by the new Performance Standards of the International... |
2007 |
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| Gerald Korngold |
SOLVING THE CONTENTIOUS ISSUES OF PRIVATE CONSERVATION EASEMENTS: PROMOTING FLEXIBILITY FOR THE FUTURE AND ENGAGING THE PUBLIC LAND USE PROCESS |
2007 Utah Law Review 1039 (2007) |
Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements in gross. These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held... |
2007 |
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| J. H. Huebert , Walter Block |
SPACE ENVIRONMENTALISM, PROPERTY RIGHTS, AND THE LAW |
37 University of Memphis Law Review 281 (Winter, 2007) |
I. L2-3,T3Introduction 281. A. Types of Environmentalism. 283 B. What is the Space Environment?. 290 II. L2-3,T3Property Rights and Problems of Space Pollution 292. A. Is Space Pollution even Possible?. 292 B. Air and Water Pollution in Space. 293 C. Other Pollution on the Moon and Celestial Bodies. 295 D. Space: The Ultimate Waste Dump. 296 E.... |
2007 |
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| Paul Weiland, Sue Meyer |
SPECIES CONSERVATION ON TRIBAL LANDS |
21-WTR Natural Resources & Environment 28 (Winter, 2007) |
On November 12, 2002, the Agua Caliente Band of Cahuilla Indians (Agua Caliente) adopted the first-of-its-kind Multiple Species Tribal Habitat Conservation Plan (THCP) as part of a larger effort to reduce the extent to which governmental authorities other than the Tribe are able to exercise control over tribal members and lands of the Agua Caliente... |
2007 |
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| Dr Christopher S. Kulander |
SPLIT-ESTATE AND SITE REMEDIATION ISSUES ON TRIBAL LANDS |
2 Texas Journal of Oil, Gas, and Energy Law 125 (2007) |
I. Introduction. 126 II. Mineral Development on Indian Lands. 128 III. Environmental Regulations on Tribal Lands--Generally. 130 IV. Split-Estate Issues. 132 A. Introduction. 132 B. Texas and the Accommodation Doctrine. 134 C. Other States. 135 D. Wyoming. 137 E. Surface Damage Acts (SDAs). 138 F. SDAs in the Western United States. 139 G. SDAs in... |
2007 |
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| Robert L. Lucero, Jr. |
STATE V. ROMERO: THE LEGACY OF PUEBLO LAND GRANTS AND THE CONTOURS OF JURISDICTION IN INDIAN COUNTRY |
37 New Mexico Law Review 671 (Summer, 2007) |
The New Mexico Pueblos have always been unique among the native peoples of the Americas, particularly in the way that they relate to other sovereigns. Currently, three sovereigns, the United States, New Mexico, and the Pueblo governments, hold jurisdiction to varying extents and over various matters in Pueblo Indian country within the boundaries of... |
2007 |
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| Keith Hayward |
SUPPORTING BASIN-WIDE REFORMS WITH AN INDEPENDENT ASSESSMENT APPLYING INTERNATIONAL WATER LAW: CASE STUDY OF THE DNIEPER RIVER |
18 Colorado Journal of International Environmental Law and Policy 633 (Summer 2007) |
Countries engaged in reforming the management of international rivers face a host of challenges. Among them, countries must accommodate competing priorities while navigating a variety of influences, often including the input of external agencies. Within that context, a clear view of the requirements of international law can provide States with a... |
2007 |
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| Joseph M. Feller |
THE ADJUDICATION THAT ATE ARIZONA WATER LAW |
49 Arizona Law Review 405 (Summer 2007) |
[O]ne does not get out of the Gila adjudication. It is a sort of judicial black hole into which light, sound, lawyers, water--even Judge Goodfarb-- indeed, whole forests of paper, will disappear. The only way out is out the other end. On April 26, 2004, the thirtieth anniversary of the initiation of the Gila River water adjudication (the... |
2007 |
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| Robert L. Glicksman , Dietrich H. Earnhart |
THE COMPARATIVE EFFECTIVENESS OF GOVERNMENT INTERVENTIONS ON ENVIRONMENTAL PERFORMANCE IN THE CHEMICAL INDUSTRY |
26 Stanford Environmental Law Journal 317 (June, 2007) |
I. Introduction. 319 II. Research Methods. 323 A. Analysis of Wastewater Discharge Levels. 326 1. Selection of Sample. 326 2. Data Collection. 327 B. The Chemical Industry Survey. 329 III. The Comparative Effectiveness of Government Interventions. 331 A. Rational Choice Theory and General and Specific Deterrence. 333 1. Rational Choice Theory and... |
2007 |
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| Alice Kaswan |
THE DOMESTIC RESPONSE TO GLOBAL CLIMATE CHANGE: WHAT ROLE FOR FEDERAL, STATE, AND LITIGATION INITIATIVES? |
42 University of San Francisco Law Review 39 (Summer 2007) |
I. Existing Federal Initiatives. 42 II. Existing State Initiatives. 46 A. AB 1493: California's Vehicle Emission Standards. 48 1. California's Pathbreaking Legislation. 48 2. Legal Obstacles to Implementation. 50 B. AB 32: California's Global Warming Solutions Act. 53 C. The Northeastern States' Regional Greenhouse Gas Initiative. 58 D. Assessing... |
2007 |
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| Wesley D. Sherman |
THE ECONOMICS OF ENFORCING ENVIRONMENTAL LAWS: A CASE FOR LIMITING THE USE OF CRIMINAL SANCTIONS |
23 Journal of Land Use & Environmental Law 87 (Fall, 2007) |
[C]riminal enforcement of environmental laws is the most effective means to ensure compliance. It may be the case that there is no greater legal deterrent for environmental violations than the threat of criminal prosecution and incarceration; however, it does not necessarily follow that criminal enforcement of environmental laws leads to the most... |
2007 |
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| Andrew Hardenbrook |
THE EQUATOR PRINCIPLES: THE PRIVATE FINANCIAL SECTOR'S ATTEMPT AT ENVIRONMENTAL RESPONSIBILITY |
40 Vanderbilt Journal of Transnational Law 197 (January, 2007) |
The Equator Principles are a set of voluntary environmental guidelines created to manage environmental degradation that results from large-scale developmental projects in the Third World. On June 4, 2003, ten private financial institutions adopted these guidelines, and by the end of 2006 this number had grown to forty. Moreover, in June 2006 the... |
2007 |
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| Noah D. Hall |
THE EVOLVING ROLE OF CITIZENS IN UNITED STATES-CANADIAN INTERNATIONAL ENVIRONMENTAL LAW COMPLIANCE |
24 Pace Environmental Law Review 131 (Winter 2007) |
Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging in North America. The role of citizens in United... |
2007 |
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| Patricia S. Mariella, Roger K. Ferland |
THE GILA RIVER INDIAN COMMUNITY'S TRIBAL AIR QUALITY IMPLEMENTATION PLAN |
21-WTR Natural Resources & Environment 24 (Winter, 2007) |
The 1990 amendments to the Clean Air Act (CAA) included specific authority for tribal governments to implement the statute through their own air quality implementation plansas states have been authorized to do since 1970. In 1998, the Environmental Protection Agency (EPA) promulgated regulations describing the procedures and requirements for... |
2007 |
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| Monique Harden |
THE HUMAN RIGHT TO A HEALTHY AND SAFE ENVIRONMENT: THE RIGHT OF DISPLACED HURRICANE KATRINA SURVIVORS TO RETURN HOME WITH DIGNITY AND JUSTICE |
101 American Society of International Law Proceedings 85 (March 28-31, 2007) |
Advocates for Environmental Human Rights (AEHR) defends and advances the human right to a healthy environment and advocates for the right of internally displaced hurricane survivors to return home with dignity and justice. AEHR does not work within the limitations of U.S. exceptionalism, but seeks to overcome this exceptionalism by supporting the... |
2007 |
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| Lillian Aponte Miranda |
THE HYBRID STATE-CORPORATE ENTERPRISE AND VIOLATIONS OF INDIGENOUS LAND RIGHTS: THEORIZING CORPORATE RESPONSIBILITY AND ACCOUNTABILITY UNDER INTERNATIONAL LAW |
11 Lewis & Clark Law Review 135 (Spring 2007) |
Despite the significant achievements of the contemporary indigenous rights movement, the protection of indigenous peoples' land rights continues to pose a challenge at the operational level. This challenge is due, in part, to the corporate interests that impact indigenous land rights yet bear little accountability to the indigenous peoples... |
2007 |
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| Hari M. Osofsky |
THE INUIT PETITION AS A BRIDGE? BEYOND DIALECTICS OF CLIMATE CHANGE AND INDIGENOUS PEOPLES' RIGHTS |
31 American Indian Law Review 675 (2006-2007) |
The rapid pace of climate change in the Arctic poses serious challenges for the Inuit peoples living there. A petition filed with the Inter-American Commission on Human Rights in December 2005, on behalf of Inuit in the United States and Canada, claims that U.S. climate change policy violates their rights. Upon filing the petition, Sheila... |
2007 |
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| Devadatta Gandhi |
THE LIMITS AND PROMISE OF ENVIRONMENTAL ETHICS: ECO-SOCIALIST THOUGHT AND ANTHROPOCENTRISM'S VIRTUE |
31-FALL Environs Environmental Law and Policy Journal 35 (Fall 2007) |
Introduction. 35 I. Four prominent western environmental philosophies. 37 A. Deep Ecology. 38 B. Ecocentrism. 38 C. Hardin's Tragedy of the Commons. 39 D. Ophuls's Neo-Hobbesianism. 40 II. Aspects of eco-socialist thought. 40 A. Searching For Ecological Concern in Marx and Engels. 41 B. Beyond Searching For Green in Marx and Engels: The Utility of... |
2007 |
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| Kerry E. Rodgers |
THE LIMITS OF COLLABORATIVE GOVERNANCE: HOMELAND SECURITY AND ENVIRONMENTAL PROTECTION AT U.S. PORTS |
25 Virginia Environmental Law Journal 157 (2007) |
Scholars have proposed various models for improving environmental governance that increase reliance on public-private collaboration. These collaborative models are optimistic that engaging public agencies, the private and non-profit sectors, and members of the public in open discussions of regulatory problems within new institutions designed to... |
2007 |
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| Aurelie Lopez |
THE PROTECTION OF ENVIRONMENTALLY-DISPLACED PERSONS IN INTERNATIONAL LAW |
37 Environmental Law 365 (Spring 2007) |
Be worried. Be very worried. Climate change isn't some vague future problem--it's already damaging the planet at an alarming pace warned Time Magazine on its cover of a special report on global warming. One may further add that, as a consequence, environmental degradation is causing a large number of people to flee environments that no longer... |
2007 |
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| Mark Latham |
THE REHNQUIST COURT AND THE POLLUTION CONTROL CASES: ANTI-ENVIRONMENTAL AND PRO-BUSINESS? |
10 University of Pennsylvania Journal of Constitutional Law 133 (December, 2007) |
The nearly physical revulsion many conservatives feel for environmental groups and values, and their reflex action to protect business being encroached upon, threaten to wipe out all the gains that preceded this Court. Raw political partisanship that sees the [Rehnquist] Court side with business interests is most apparent in environmental cases.... |
2007 |
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| Craig Anthony (Tony) Arnold |
THE STRUCTURE OF THE LAND USE REGULATORY SYSTEM IN THE UNITED STATES |
22 Journal of Land Use & Environmental Law 441 (Spring, 2007) |
Land use regulation is one of the most poorly understood areas of law and public policy in the United States. At the same time, land use regulation is one of the most pervasively influential, and therefore important, areas of law and public policy in the United States. Through land use regulation, we shape the communities and environments in which... |
2007 |
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| Lillian Aponte Miranda |
THE U'WA AND OCCIDENTAL PETROLEUM: SEARCHING FOR CORPORATE ACCOUNTABILITY IN VIOLATIONS OF INDIGENOUS LAND RIGHTS |
31 American Indian Law Review 651 (2006-2007) |
Corporate actors significantly impact indigenous peoples' domestically and internationally recognized land rights. For half a century, the pursuit of oil by Royal Dutch/Shell in the Niger Delta has produced a cycle of violence with lasting effects on the Ogoni peoples' occupancy, use, and control of their traditional lands and resources, and... |
2007 |
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| Joyce Tekahnawiiaks King |
THE VALUE OF WATER AND THE MEANING OF WATER LAW FOR THE NATIVE AMERICANS KNOWN AS THE HAUDENOSAUNEE |
16 Cornell Journal of Law & Public Policy 449 (Summer 2007) |
INTRODUCTION. 450 The Original Law of the Land . 450 I. HAUDENOSAUNEE WELTANSCHAUUNG. 453 A. Haudenosaunee Cosmology: The Original Instructions. 454 B. The Kaianerekowa: The Great Law of Peace. 454 C. The Kaswentha: The Two Row Wampum and Other Treaties. 459 D. The Haudenosaunee Concept of Land. 465 II. HAUDENOSAUNEE POSITION PAPER ON THE GREAT... |
2007 |
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| Katherine E. Germino |
THIS LAND IS YOUR LAND, THIS LAND IS MY LAND: CAYUGA INDIAN NATION OF NEW YORK V. PATAKI |
52 Villanova Law Review 607 (2007) |
Adorned in headdresses and bonnets, each year elementary schoolchildren throughout the United States reenact the story of the First Thanksgiving. Woven into this tale of teepees, turkey and thankfulness are stories of cultural exchange and respect between the Pilgrims and Indians. Often missing in this depiction of camaraderie are the years of... |
2007 |
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| J.R. DeShazo , Jody Freeman |
TIMING AND FORM OF FEDERAL REGULATION: THE CASE OF CLIMATE CHANGE |
155 University of Pennsylvania Law Review 1499 (June, 2007) |
Introduction. 1500 I. States as Incremental Catalysts. 1503 A. Federal Floors. 1503 B. Defensive Preemption and Federal Ceilings. 1504 II. Climate Change. 1516 A. The Puzzle of State Initiatives. 1516 B. Overview of State Initiatives. 1521 1. State Renewable Portfolio Standards. 1523 2. Emissions Caps for New Power Plants. 1523 3. Caps and... |
2007 |
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| © Avi Brisman |
TOWARD A MORE ELABORATE TYPOLOGY OF ENVIRONMENTAL VALUES: LIBERALIZING CRIMINAL DISENFRANCHISEMENT LAWS AND POLICIES |
33 New England Journal on Criminal and Civil Confinement 283 (Summer, 2007) |
You cannot separate environment from empowerment. Toxic waste dumps are put in communities where people are the poorest, the least organized, the least registered to vote. If you are poor you are a target for toxic waste. If you are unregistered to vote you are a target. In late 2004, the environmental strategists, Michael Shellenberger and Ted... |
2007 |
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| Yuhong Zhao |
TRADE AND ENVIRONMENT: CHALLENGES AFTER CHINA'S WTO ACCESSION |
32 Columbia Journal of Environmental Law 41 (2007) |
Introduction. 42 I. Trade Liberalization and the Environment. 47 A. Aggravated Pollution Problems. 48 B. Depletion of Natural Resources. 51 C. Ecological Degradation. 53 II. Trade Impacts of Environmental Measures. 55 A. Major Environmental Measures Affecting China's Export Trade. 56 1. Mandatory Environmental Standards. 56 2. Eco-labeling... |
2007 |
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| William H. Rodgers Jr. |
TRIBAL GOVERNMENT ROLES IN ENVIRONMENTAL FEDERALISM |
21-WTR Natural Resources & Environment 3 (Winter, 2007) |
Count me among the believers that the U.S. Indian Tribes are the most creative and effective agents for positive environmental change in play today. Evidence is everywhere. Tribes have the better laws and they expect more of them. They are uniquely positioned to combat the corrosive influences that have undermined the modern environmental laws. Can... |
2007 |
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| Robert Gruenig |
TRIBES, AIR QUALITY, AND THE NATIONAL TRIBAL ENVIRONMENTAL COUNCIL |
21-WTR Natural Resources & Environment 43 (Winter, 2007) |
Not until 1990 did the nation's tribes receive delegated authority under the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671, to implement air programs. Since that time, a number of tribes have been successful in carrying out air quality programs, some considered groundbreaking. Through it all, the National Tribal Environmental Council (NTEC) has been... |
2007 |
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| Karin P. Sheldon |
UPSTREAM OF PERIL: THE ROLE OF FEDERAL LANDS IN ADDRESSING THE EXTINCTION CRISIS |
24 Pace Environmental Law Review 1 (Winter 2007) |
This talk developed in part from a dialogue--a monologue really--that I had with my car radio. I have a forty-minute commute through a rural part of Vermont. Cell phone reception is non-existent or lousy, and radio stations alternate among the earnest droning of the local National Public Radio outlet, occasional wafts of world music with ads in... |
2007 |
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| Jerome C. Muys , George William Sherk , Marilyn C. O'Leary |
UTTON TRANSBOUNDARY RESOURCES CENTER MODEL INTERSTATE WATER COMPACT |
47 Natural Resources Journal 17 (Winter, 2007) |
The Utton Transboundary Resources Center's Model Interstate Water Compact is dedicated to the memory of Professor Albert E. Utton, whose practice of preventive diplomacy and authorship of Transboundary Groundwaters: The Bellagio Draft Treaty brought to reality his values of inclusivity and mutual respect in the sustainable management of... |
2007 |
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| Bruce Moyer |
VIOLENCE ON TRIBAL LANDS PROMPTS CONGRESSIONAL CONCERN |
54-AUG Federal Lawyer 8 (August, 2007) |
Skyrocketing violence on Indian reservationsincluding rapes, murders, gang shootings, methamphetamine use, domestic violence, and child abuseis triggering interest by some members of Congress in streamlining a confusing labyrinth of federal, state, and tribal jurisdictional laws over crimes committed on Indian tribal lands, especially those... |
2007 |
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| Veronica Eady |
WARREN COUNTY AND THE BIRTH OF A MOVEMENT: THE TROUBLED MARRIAGE BETWEEN ENVIRONMENTALISM AND CIVIL RIGHTS |
1 Golden Gate University Environmental Law Journal 41 (Summer 2007) |
David Brower, the late environmental activist and icon of the modern American environmental movement, stated in the premiere issue of Race, Poverty & the Environment in 1990, Toxics, pollution and pesticides especially affect poor people and people of color. We as environmentalists must build bridges to people affected by those hazards if our... |
2007 |
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| David L. Callies , Calvert G. Chipchase |
WATER REGULATION, LAND USE AND THE ENVIRONMENT |
30 University of Hawaii Law Review 49 (Winter 2007) |
Water is an important element in planning for the use of land. But it is only one element. Problems arise in the planning process when water and non-economic uses of water are given a sacrosanct status that abjures private use for the benefit of the public. This is increasingly happening under flawed interpretations of the public trust doctrine.... |
2007 |
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WATER RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 300 (2007) |
On December 13, Secretary of the Interior Kempthorne signed a historic decision that will implement interim guidelines to address Lower Colorado Basin shortages and the coordinated operation of Lake Powell and Lake Mead in the wake of the current, and likely ongoing, drought conditions in the Colorado River Basin. The guidelines establish rules... |
2007 |
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| Christine A. Klein |
WATER TRANSFERS: THE CASE AGAINST TRANSBASIN DIVERSIONS IN THE EASTERN STATES |
25 UCLA Journal of Environmental Law & Policy 249 (2006-2007) |
Water policy in the western states consistently has embraced a nineteenth century, supply-side mentality, requiring cities and other water providers to satisfy an ever-growing demand for water at virtually any cost. As a result, the western states rely upon thousands of engineered water transfers--even siphoning water from one side of mountain... |
2007 |
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| Jonathan H. Adler |
WHEN IS TWO A CROWD? THE IMPACT OF FEDERAL ACTION ON STATE ENVIRONMENTAL REGULATION |
31 Harvard Environmental Law Review 67 (2007) |
Up until the 1970s, environmental protection largely consisted of a patchwork of state laws, local ordinances and common law nuisance protections. By the late 1960s, state and local governments had adopted various environmental measures. Nonetheless, there was a general perception that they were unable or unwilling to address most environmental... |
2007 |
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| John E. Bonine |
WILLIAM H. RODGERS, JR., AND ENVIRONMENTAL LAW: NEVER GIVE UP, KEEP ON GOING |
82 Washington Law Review 459 (August, 2007) |
To celebrate the first forty years of Professor William H. Rodgers, Jr.'s career, his colleagues streamed up to Seattle for a symposium at the University of Washington, from locations near and far. However, learning that something fishy was afoot, Professor Rodgers turned the planning for the symposium toward a broader purpose. Instead of allowing... |
2007 |
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| Kathrine Dixon |
WORKING WITH MIXED COMMONS/ANTICOMMONS PROPERTY: MOBILIZING CUSTOMARY LAND IN PAPUA NEW GUINEA THE MELANESIAN WAY |
31 Harvard Environmental Law Review 219 (2007) |
Widely touted as the last unknown in the field of world exploration, Papua New Guinea (PNG) is a nation that--although colonized beginning in the late nineteenth century by a parade of European nations (including Germany, Great Britain, and Australia)--has had late and limited contact with the global economy. Indeed, its growth in the global... |
2007 |
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