| Author | Title | Citation | Summary | Year |
| JoAnne L. Dunec |
THE LAW OF ENVIRONMENTAL JUSTICE: THEORIES AND PROCEDURES TO ADDRESS DISPROPORTIONATE RISKS MICHAEL B. GERRARD AND SHEILA R. FOSTER, EDS. AMERICAN BAR ASSOCIATION, SECTION OF ENVIRONMENT, ENERGY AND RESOURCES, 2008, SECOND EDITION |
23-SUM Natural Resources & Environment 52 (Summer, 2008) |
Concepts of environmental justice arose concurrently with the environmental movement in the late 1960s, which was inspired in part by the civil rights movement. There was growing recognition that underprivileged populations were not only exposed to social inequities, but were also disproportionately affected by hazardous environmental conditions.... |
2008 |
| Cary Coglianese |
THE MANAGERIAL TURN IN ENVIRONMENTAL POLICY |
17 New York University Environmental Law Journal 54 (2008) |
Over the last four decades, many aspects of environmental quality have improved in the United States. Nevertheless, existing environmental laws and regulations have often proven exceedingly costly, and some of the most vexing and significant environmental problems, such as climate change and nonpoint water pollution, still remain largely... |
2008 |
| Hope Babcock |
THE NATIONAL ENVIRONMENTAL POLICY ACT IN THE URBAN ENVIRONMENT: OXYMORON OR A USEFUL TOOL TO COMBAT THE DESTRUCTION OF NEIGHBORHOODS AND URBAN SPRAWL? |
23 Journal of Environmental Law & Litigation 1 (2008) |
I. Cities: the Good, the Bad, and the Ugly. 5 II. How Land Use Decisions Affecting Neighborhoods Adversely Affect the Urban Environment and the Larger Metropolitan Area. 11 III. The National Environmental Policy Act. 15 IV. Overcoming Barriers to NEPA's Application in the Urban Environment. 25 V. Conclusion. 32 |
2008 |
| Charles F. Wilkinson |
THE PUBLIC LANDS AND THE NATIONAL HERITAGE |
14 Hastings West-Northwest Journal of Environmental Law, Policy 499 (Winter 2008) |
The fundamental question in public land law and policy always has been, and always will be as long as we have them, whether the federal lands ought to remain in United States ownership. For nearly the whole of the nation's first century, we were clear about the answer. The lands and their many resources could best serve the national interest... |
2008 |
| David Takacs |
THE PUBLIC TRUST DOCTRINE, ENVIRONMENTAL HUMAN RIGHTS, AND THE FUTURE OF PRIVATE PROPERTY |
16 New York University Environmental Law Journal 711 (2008) |
Who owns the Earth and its resources? To what extent may the general public claim the pure water, clean air, rich soil, and the myriad services Earth provides to sustain human life? Across continents and spanning centuries, a dynamic tension continues between those who would circumscribe the Earth's bounty for private use and those who would... |
2008 |
| Adam F. Kinney |
THE TRIBE, THE EMPIRE, AND THE NATION: ENFORCEABILITY OF PRE-REVOLUTIONARY TREATIES WITH NATIVE AMERICAN TRIBES |
39 Case Western Reserve Journal of International Law 897 (2007-2008) |
If there fall out any wars between us and them, what their fight is likely to be, we having advantages against them so many manner of ways, as by our discipline, our strange weapons and devices else, especially by ordinance great and small, it may easily be imagined; by the experience we have had in some places, the turning up of their heels... |
2008 |
| Martin Nie |
THE USE OF CO-MANAGEMENT AND PROTECTED LAND-USE DESIGNATIONS TO PROTECT TRIBAL CULTURAL RESOURCES AND RESERVED TREATY RIGHTS ON FEDERAL LANDS |
48 Natural Resources Journal 585 (Summer, 2008) |
Several Native Nations in the United States have cultural resources and reserved treaty rights on federal lands. This article examines two approaches that can be used to protect such values and rights: the use of cooperative management models and protected land-use designations made by Congress or federal land agencies. Background on both subjects... |
2008 |
| Charles de Saillan |
THE USE OF IMMINENT HAZARD PROVISIONS OF ENVIRONMENTAL LAWS TO COMPEL CLEANUP AT FEDERAL FACILITIES |
27 Stanford Environmental Law Journal 43 (January, 2008) |
I. Introduction. 45 II. The Environmental Problem: The Federal Government as a Polluter. 48 A. An Overview of the Environmental Problem. 49 B. Specific Examples of the Environmental Problem. 51 III. The Legal Problem: The Federal Government as a Lawbreaker. 59 A. Sovereign Immunity. 59 1. Origins and History of Federal Sovereign Immunity. 60 2.... |
2008 |
| George P. Generas, Jr. , Karen Gantt |
THIS LAND IS YOUR LAND, THIS LAND IS MY LAND: INDIAN LAND CLAIMS |
28 Journal of Land, Resources, and Environmental Law 1 (2008) |
I. Purpose. 1 II. Pre-Constitution Era. 2 III. The Confederation and Constitution Era. 6 IV. The Indian Trade and Intercourse Acts. 9 V. The Marshall Trilogy. 10 VI. The Modern Era. 14 VII. Federal Recognition. 15 VIII. Federal Land Claims Settlement Acts. 15 IX. Origin of the Acts. 16 X. The Modern Era: The Oneida Claims I and II. 17 |
2008 |
| Sara Colangelo |
TRANSFORMING WATER TRANSFERS: THE EVOLUTION OF WATER TRANSFER CASE LAW AND THE NPDES WATER TRANSFERS PROPOSED RULE |
35 Ecology Law Quarterly 107 (2008) |
Water transfers, the human-induced movement of water from one place to another, have historically sustained development of vast areas of otherwise uninhabitable land in the western United States, and have recently become a popular method for alleviating water allocation problems and scarcity in the eastern United States. As demands on water... |
2008 |
| Mary Christina Wood , Zachary Welcker |
TRIBES AS TRUSTEES AGAIN (PART I): THE EMERGING TRIBAL ROLE IN THE CONSERVATION TRUST MOVEMENT |
32 Harvard Environmental Law Review 373 (2008) |
History suggests that if mankind is to survive, the next five hundred years must be rooted in the pre-Columbian ethic of the Native American. The second American quincentenary belongs to the Indian. The continuation of the past, the conqueror's exploitation of the earth, can mean only one thing. No one, Indian or non-Indian, will survive. --Rennard... |
2008 |
| Mary Christina Wood , Matthew O'Brien |
TRIBES AS TRUSTEES AGAIN (PART II): EVALUATING FOUR MODELS OF TRIBAL PARTICIPATION IN THE CONSERVATION TRUST MOVEMENT |
27 Stanford Environmental Law Journal 477 (June, 2008) |
I. Introduction. 479 II. The Mechanics of Private Conservation. 481 A. Fee Ownership Versus Conservation Easement. 481 B. Funding Concerns and Financial Incentives. 482 1. Financial Arrangements of Transfer. 482 2. Costs Associated with A Conservation Transaction. 483 3. Tax Incentives For Private Conservation. 484 C. The Holder Issue. 486 D. The... |
2008 |
| Jeffrey Smith McLeod |
UNMASKING THE PROCESSES AND JUSTIFICATIONS THAT LEAD TO ENVIRONMENTAL RACISM: A CRITIQUE OF JUDICIAL DECISION-MAKING, POLITICAL AND PUBLIC AMBIVALENCE, AND THE DISPROPORTIONATE PLACEMENT OF ENVIRONMENTAL AND LAND USE BURDENS IN COMMUNITIES OF COLOR |
15 Virginia Journal of Social Policy and the Law 545 (Spring 2008) |
Introduction. 545 I. Environmental racism on Trial. 551 A. R.I.S.E., Inc. v. Kay. 553 B. Bean v. Southwestern Waste Management Corporation. 553 C. East Bibb Twiggs Neighborhood Ass'n v. Macon-Bibb County Planning & Zoning Commission. 554 II. Justifying Inaction. 554 III. Applying the Lens of Critical Race Theory. 557 A. Reevaluating Judicial... |
2008 |
| Lillian Aponte Miranda |
UPLOADING THE LOCAL: ASSESSING THE CONTEMPORARY RELATIONSHIP BETWEEN INDIGENOUS PEOPLES' LAND TENURE SYSTEMS AND INTERNATIONAL HUMAN RIGHTS LAW REGARDING THE ALLOCATION OF TRADITIONAL LANDS AND RESOURCES IN LATIN AMERICA |
10 Oregon Review of International Law 419 (2008) |
I. Indigenous Peoples as Subjects of International Law. 423 II. Indigenous Peoples' Contemporary Claims to Lands and Resources Under Human Rights Law. 428 III. Indigenous Peoples' Litigation Regarding Their Traditional Lands and Resources Before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. 433 IV. The... |
2008 |
| Elizabeth Burleson |
WATER IS SECURITY |
31-SPG Environs Environmental Law and Policy Journal 197 (Spring 2008) |
Introduction. 197 I. The Shared Responsibility Of Water. 200 II. Indigenous Peoples And Water. 203 III. Civil Society Participation And Public Education. 206 IV. Pollution. 209 Conclusion. 214 Reasonable and equitable water resource decision-making is at the core of good governance around the world. Some solutions are as simple as rainwater... |
2008 |
| |
WATER RESOURCES |
2008 ABA Environment, Energy, and Resources Law: The Year in Review 316 (2008) |
The province of Manitoba in Manitoba v. Norton succeeded in challenging the Bureau of Reclamation's (Reclamation) Environmental Assessment and Finding of No Significant Impact issued in connection with the State of North Dakota and Reclamation's Northwest Area Water Supply Project, but the project will proceed. The project will supply water from... |
2008 |
| Alexander Wood |
WATERING DOWN FEDERAL COURT JURISDICTION: WHAT ROLE DO FEDERAL COURTS PLAY IN DECIDING WATER RIGHTS? |
23 Journal of Environmental Law & Litigation 241 (2008) |
I. Judicially Created Abstention Doctrines. 244 II. Balancing Federal Reserved Water Rights and State Water Rights. 247 A. Whose Right to What Water Under Which Sovereign's Court of Law. 247 B. The McCarran Amendment's Limitation on Federal Decision Makers. 251 III. Colorado River Abstention. 252 A. Colorado River Overview. 252 B. Subsequent... |
2008 |
| H. Ray Liaw |
WOMEN'S LAND RIGHTS IN RURAL CHINA: TRANSFORMING EXISTING LAWS INTO A SOURCE OF PROPERTY RIGHTS |
17 Pacific Rim Law & Policy Journal 237 (January, 2008) |
Abstract:In the aftermath of legal reforms designed to secure land tenure for farmers, women in rural China lost rights to land at marriage, divorce, and widowhood. Despite a central legal framework that facially protects women's property interests, ambiguity in the property and marriage laws have allowed village leaders to reassert traditional... |
2008 |
| Cheryl I. Harris |
"TOO PURE AN AIR:" SOMERSET'S LEGACY FROM ANTI-SLAVERY TO COLORBLINDNESS |
13 Texas Wesleyan Law Review 439 (Symposium 2007) |
I. Introduction. 439 II. The Legacy in England. 445 III. In the Former Colonies. 449 IV. The Contemporary Legacy of Somerset. 451 A. Supreme Court Doctrine and Anti-contamination. 453 B. Popular Politics, Initiatives, and Anti-contamination. 456 V. Conclusion. 458 |
2007 |
| Melissa O'Connor |
A FAILURE TO PROTECT: AFTER 13 YEARS ENVIRONMENTAL JUSTICE NEVER MATERIALIZES |
35 Southern University Law Review 119 (Fall, 2007) |
I. Introduction II. Review of Tools Used A. NEPA B. NHPA C. Title VI D. Title VI Coupled with Common Law Nuisance III. Looking Back - Lessons Learned IV. Conclusion - Moving Forward |
2007 |
| Dr. David VanderZwaag |
A GLOBAL TREATY TO ADDRESS LAND-BASED SOURCES OF MARINE POLLUTION |
12 Ocean and Coastal Law Journal 355 (2007) |
Protecting the Marine Environment from Land-Based Sources of Pollution: Towards Effective International Cooperation. By Daud Hassan. Burlington VT, Ashgate 2006. Pp. 233. Land-based sources of pollution are estimated to be the source of approximately eighty percent of all marine pollution. In Protecting the Marine Environment from Land-Based... |
2007 |
| Shelli Stewart |
A LIMITED FUTURE: THE ALIEN TORT CLAIMS ACT IMPACTING ENVIRONMENTAL RIGHTS: RECONCILING PAST POSSIBILITIES WITH FUTURE LIMITATIONS |
31 American Indian Law Review 743 (2006-2007) |
Indigenous peoples have become the focus of considerable attention within the international human rights movement. This has been the result of indigenous peoples' efforts. Indigenous peoples have ceased to be mere objects of the discussion of their rights and have become real participants in an extensive multilateral dialogue that also has engaged... |
2007 |
| Sara C. Aminzadeh |
A MORAL IMPERATIVE: THE HUMAN RIGHTS IMPLICATIONS OF CLIMATE CHANGE |
30 Hastings International and Comparative Law Review 231 (Winter 2007) |
Climate change is increasingly identified as one of the major crises facing the international community in the 21st century. Even conservative forecasts predict dramatic effects to environments, economies, and people around the world. Although climate change is already understood as an environmental problem, and increasingly as an economic one, the... |
2007 |
| Glenn C. Reynolds |
A NATIVE AMERICAN LAND ETHIC |
21-WTR Natural Resources & Environment 16 (Winter, 2007) |
Native Americans vastly enrich America's environmental legacy and evolving cultural ecology. This contribution is revealed in a successful effort to stop a proposal to mine sulfide zinc and copper ore in northeastern Wisconsin in the midst of some of the purest water on earth. After a twenty-eight-year struggle, one of the smallest Native American... |
2007 |
| Joshua Mann |
A RESERVOIR RUNS THROUGH IT: A LEGISLATIVE AND ADMINISTRATIVE HISTORY OF THE SIX PUEBLOS' RIGHT TO STORE "PRIOR AND PARAMOUNT" WATER AT EL VADO |
47 Natural Resources Journal 733 (Summer, 2007) |
This article explores the Six Middle Rio Grande Pueblo tribes' right to store water at El Vado Reservoir. Although not explicitly authorized in the Act of 1928, the legislative history suggests that implicit in the Act is authority for the Six Pueblos to store water at El Vado. The seventieth Congress believed the Six Pueblos' land suffered from a... |
2007 |
| Sonja Klopf, Nada Wolff Culver, Pete Morton |
A ROAD MAP TO A BETTER NEPA: WHY ENVIRONMENTAL RISK ASSESSMENTS SHOULD BE USED TO ANALYZE THE ENVIRONMENTAL CONSEQUENCES OF COMPLEX FEDERAL ACTIONS |
8 Sustainable Development Law & Policy 38 (Fall, 2007) |
Over thirty-five years have passed since the enactment of the National Environmental Policy Act (NEPA), the basic national charter for protection of the environment, and one of the most important environmental laws passed by the U.S. Congress. The provisions of NEPA were intended to help public officials make decisions with an understanding of... |
2007 |
| Marlene B. Schwartz, Kelly D. Brownell |
ACTIONS NECESSARY TO PREVENT CHILDHOOD OBESITY: CREATING THE CLIMATE FOR CHANGE |
35 Journal of Law, Medicine & Ethics 78 (Spring, 2007) |
After years of near total neglect, the problem of childhood obesity is now in the limelight. Terms like epidemic, crisis, and emergency are used frequently when describing the trend. Progress is defined with strong language (e.g., the need for a war on obesity) and fueled by statistics such as the observation that this generation of... |
2007 |
| Meagan Elizabeth Tolentino Garland |
ADDRESSING ENVIRONMENTAL JUSTICE IN CRIMINAL SENTENCING PROCESS: ARE ENVIRONMENTAL JUSTICE COMMUNITIES "VULNERABLE VICTIMS" UNDER 3A1.1(B)(1) OF THE FEDERAL SENTENCING GUIDELINES IN THE POST UNITED STATES V. BOOKER ERA? |
12 Albany Law Environmental Outlook Journal 1 (2007) |
Introduction. 3 I. Overview of United States v. Booker and its Implications for Environmental justice. 4 II. The Emergence of the Environmental justice Movement. 9 III. Environmental racism: The Civil Rights Paradigm. 15 A. The Origins of and Legal Strategies Employed in the Civil Rights Paradigm. 15 B. The Need to Break from the Civil Rights... |
2007 |
| Ronald Singh |
ADVANCING A "CARROT AND STICK" FRAMEWORK FOR EFFECTIVE CARICOM ENVIRONMENTAL COOPERATION AND GOVERNANCE |
16 Penn State Environmental Law Review 199 (Fall 2007) |
This article reinforces the strong link between economic growth and environmental integrity. In the Caribbean, the bid to preserve the environment's integrity is an unattainable task without the cooperation of the CARICOM member states. Although the birth of CARICOM had promised to usher in an era of mutual support and cooperation very little of... |
2007 |
| Christine L. Jones |
AFFIRMATIVE ACTION AND LAND-GRANT UNIVERSITIES IN THE MILLENNIUM: WHEN WILL WE FULFILL THE ORIGINAL PROMISE? |
10 University of the District of Columbia Law Review 1 (Spring 2007) |
On the occasion of the Bicentennial of the Constitution, Associate Supreme Court Justice Thurgood Marshall observed that the Constitution's framers - even those with anti-slavery convictions - made compromises that enshrined and protected slavery and the slave trade, all without ever mentioning the words slave or slavery in the final document.... |
2007 |
| Meredith Mullins |
AMERICAN-INDIAN LAW - TAXATION - MICHIGAN GENERAL PROPERTY TAX ACT IS NOT VALID AGAINST INDIAN RESERVATION LAND ALLOTED UNDER THE 1854 TREATY BECAUSE CONGRESS DID NOT EXPRESSLY AUTHORIZE IT. KEWEENAW BAY INDIAN COMMUNITY V. NAFTALY, 452 F.3D 514 (6TH CIR. |
85 University of Detroit Mercy Law Review 57 (Fall 2007) |
In Keweenaw Bay Indian Community v. Naftaly, the Sixth Circuit granted leave to appeal to determine whether application of the Michigan General Property Tax Act (hereinafter Act) would violate the terms of the 1854 Treaty. Plaintiff, a federally recognized American-Indian tribe and the successor in interest of the Chippewa Indian bands, filed a... |
2007 |
| Benjamin Martin |
AN ENVIRONMENTAL REMEDY TO PARALYZED NEGOTIATIONS FOR A MULTILATERAL FOREIGN DIRECT INVESTMENT AGREEMENT |
1 Golden Gate University Environmental Law Journal 209 (Summer 2007) |
I. Introduction II. What is FDI, and What Are Its Environmental Impacts in Developing Nations? A. What is FDI? B. The Environmental Implications of FDI i. A Survey of Competing Views ii. Prospects Relating to Sustainable Development C. Race-to-the-Bottom Concerns III. Representing Developed and Developing Nations' Investment Interests through BITs... |
2007 |
| Shawkat Alam |
AN EXAMINATION OF THE INTERNATIONAL ENVIRONMENTAL LAW GOVERNING THE PROPOSED INDIAN RIVER-LINKING PROJECT AND AN APPRAISAL OF ITS ECOLOGICAL AND SOCIO-ECONOMIC IMPLICATIONS FOR LOWER RIPARIAN COUNTRIES |
19 Georgetown International Environmental Law Review 209 (Winter, 2007) |
C1-3Contents I. Introduction. 210 II. The Indian River-Linking Project and Its Likely Impacts. 211 A. Project Description. 211 B. Likely Environmental and Socio-Economic Impacts of the Project on Bangladesh. 213 III. International Law Governing International Rivers. 217 A. Principles of International Law and General International Environmental... |
2007 |
| Dante Gatmaytan-Magno |
ARTIFICIAL JUDICIAL ENVIRONMENTAL ACTIVISM: OPOSA V. FACTORAN AS ABERRATION |
17 Indiana International & Comparative Law Review 1 (2007) |
Over the years, the Philippine Supreme Court has built a reputation as a proponent of judicial environmental activism. The Court seemed to understand the imperative of tempering economic growth with protecting the environment. In a 1990 case, the Court stated: While there is a desire to harness natural resources to amass profit and to meet the... |
2007 |
| Bonnie G. Colby |
ASSESSING THE VALUE OF ADJUDICATIONS IN A WORLD OF UNCERTAINTY: AN ECONOMIC PERSPECTIVE |
10 University of Denver Water Law Review 327 (Spring, 2007) |
I. Introduction and Overview. 327 II. Adjudication in the Context of Economic Decisions and Pervasive Uncertainty. 330 III. A Conceptual Framework for Economic Evaluation of Adjudications. 332 A. Costs. 333 B. Benefits. 335 C. The Counterfactual -- Constructing With and Without Scenarios. 338 D. State of Knowledge on Adjudication Costs, Benefits.... |
2007 |
| Daniel A. Farber |
BASIC COMPENSATION FOR VICTIMS OF CLIMATE CHANGE |
155 University of Pennsylvania Law Review 1605 (June, 2007) |
Global climate change is the greatest environmental challenge facing the world today. The most urgent issue is how to prevent further accumulation of greenhouse gases (GHGs) that will only fuel the process. The next priority is to implement adaptive measures, limiting harm to the extent that climate change cannot be avoided. Some degree of climate... |
2007 |
| Karl Kohlhoff , David Roberts |
BEYOND THE COLORADO RIVER: IS AN INTERNATIONAL WATER AUGMENTATION CONSORTIUM IN ARIZONA'S FUTURE? |
49 Arizona Law Review 257 (Summer 2007) |
In his book Beyond the Hundredth Meridian, Wallace Stegner wrote, Water is the true wealth in a dry land; without it, land is worthless or nearly so. In Arizona, water is the state's lifeblood, allowing people, crops, wildlife, and industry to thrive, even in a desert. In order to obtain the highest return on its value, however, the use of water... |
2007 |
| Richard J. Lazarus |
BILL RODGERS: ENVIRONMENTAL LAW'S CAPTAIN PLANET |
82 Washington Law Review 493 (August, 2007) |
Captain Planet is, of course, nature's own superhero, albeit in the limited confines of network television. Together with the Planeteers, five youngsters each possessing one of nature's powers (earth, fire, wind, water, and heart), Captain Planet seeks no less than to save the earth from environmental pollution and natural resource destruction. He... |
2007 |
| Bradley N. Lewis |
BITING WITHOUT TEETH: THE CITIZEN SUBMISSION PROCESS AND ENVIRONMENTAL PROTECTION |
155 University of Pennsylvania Law Review 1229 (May, 2007) |
The Dominican Republic-Central American-United States Free Trade Agreement (CAFTA-DR), recently ratified by the U.S. Congress and signed by the President, has been a controversial piece of the Bush administration's economic policy. The treaty is principally aimed at expanding the market for U.S. business opportunities within the region and... |
2007 |
| David Dodds |
BREAKING UP IS HARD TO DO: ENVIRONMENTAL EFFECTS OF SHIPWRECKING AND POSSIBLE SOLUTIONS UNDER INDIA'S ENVIRONMENTAL REGIME |
20 Pacific McGeorge Global Business & Development Law Journal 207 (2007) |
I. Introduction. 208 II. Shipwrecking: The Need and the Process. 209 A. The Need. 210 B. Possible Alternatives to Shipwrecking. 211 C. The Economic End of Ships. 212 D. The Process of Dismantling a Ship. 213 E. India: The World Shipwrecking Leader. 215 III. Environmental Effects of Shipwrecking. 217 A. PCBs. 217 B. Asbestos. 218 C. TBT. 219 D.... |
2007 |
| Alon Tal , Jessica A. Cohen |
BRINGING "TOP-DOWN" TO "BOTTOM-UP": A NEW ROLE FOR ENVIRONMENTAL LEGISLATION IN COMBATING DESERTIFICATION |
31 Harvard Environmental Law Review 163 (2007) |
By the outset of the twentieth century, colonial governments in Africa had identified a process that soon came to be called desertification and prioritized conservation efforts to address it. Desertification occurred when land cover in the drylands was lost or removed, with the result that the soil became vulnerable and organic matter was readily... |
2007 |
| Bradford Mank |
CAN PLAINTIFFS USE MULTINATIONAL ENVIRONMENTAL TREATIES AS CUSTOMARY INTERNATIONAL LAW TO SUE UNDER THE ALIEN TORT STATUTE? |
2007 Utah Law Review 1085 (2007) |
I. Introduction. 1086 II. General Principles: The Evolution of ATS Cases from Filartiga to Sosa. 1089 A. History of the ATS. 1089 B. The Law of Nations: Filartiga v. Pena-Irala and Its Progeny. 1090 C. United States Treaties. 1093 D. Private Versus State Actors. 1095 E. Defenses. 1098 III. Environmental Claims Under the ATS Before Sosa. 1100 A.... |
2007 |
| Viola Sanchez |
CARRYOVER STORAGE OF INDIAN PRIOR AND PARAMOUNT WATER IN EL VADO |
47 Natural Resources Journal 697 (Summer, 2007) |
Storage and release for the Six Middle Rio Grande Pueblos has taken place at El Vado Reservoir since the reservoir was first used in 1935. No distinction was made between the lands being served and their appurtenant water rights in storage and delivery in the early years of El Vado operation. El Vado storage and release for Indian lands became an... |
2007 |
| Mark Terzaghi Howe, Thomas Jantunen, Andrew Ellis, Jeff McGaughran |
CHANGING VALUES, CHANGING CONFLICTS AMERICAN BAR ASSOCIATION SECTION OF ENVIRONMENT, ENERGY, AND RESOURCES 25TH ANNUAL WATER LAW CONFERENCE |
10 University of Denver Water Law Review 433 (Spring, 2007) |
San Diego, California February 22-23, 2007 |
2007 |
| Wendy Wagner, Lynn Blais |
CHILDREN'S HEALTH AND ENVIRONMENTAL EXPOSURE RISKS: INFORMATION GAPS, SCIENTIFIC UNCERTAINTY, AND REGULATORY REFORM |
17 Duke Environmental Law and Policy Forum 249 (Spring 2007) |
The regulatory reform movement has focused the nation's attention on the importance of prioritizing our regulatory agenda to assure that the worst risks are addressed first and that the costs of regulations do not far exceed the benefits they promise to deliver. Virtually all of the regulatory reform activities within the Executive Branch over the... |
2007 |
| Eric A. Posner |
CLIMATE CHANGE AND INTERNATIONAL HUMAN RIGHTS LITIGATION: A CRITICAL APPRAISAL |
155 University of Pennsylvania Law Review 1925 (June, 2007) |
What is the appropriate legal and political strategy for limiting the emission of greenhouse gases? A number of scholars have advocated litigation, a subset of which would be international human rights litigation in which victims of the climatic effects of greenhouse gas emissions would obtain damages from corporations, and possibly states, that... |
2007 |
| Hari M. Osofsky |
CLIMATE CHANGE LITIGATION AS PLURALIST LEGAL DIALOGUE? |
26A Stanford Environmental Law Journal 181 (6/1/2007) |
I. Introduction. 182 II. Legal Pluralist Dialogues. 189 A. Law and Geography. 189 B. Judicial Dialogue. 191 C. Legal Pluralism. 194 III. Actors in Dialogue: A Case Study of California. 196 A. California's Climate Change Litigation. 197 B. International Lawmaking in the Cases?. 202 C. California's Climate Change Policy. 205 D. California as... |
2007 |
| Hari M. Osofsky |
CLIMATE CHANGE LITIGATION AS PLURALIST LEGAL DIALOGUE? |
43A Stanford Journal of International Law 181 (6/1/2007) |
I. Introduction. 182 II. Legal Pluralist Dialogues. 189 A. Law and Geography. 189 B. Judicial Dialogue. 191 C. Legal Pluralism. 194 III. Actors in Dialogue: A Case Study of California. 196 A. California's Climate Change Litigation. 197 B. International Lawmaking in the Cases?. 202 C. California's Climate Change Policy. 205 D. California as... |
2007 |
| Randall S. Abate |
CLIMATE CHANGE, THE UNITED STATES, AND THE IMPACTS OF ARCTIC MELTING: A CASE STUDY IN THE NEED FOR ENFORCEABLE INTERNATIONAL ENVIRONMENTAL HUMAN RIGHTS |
26A Stanford Environmental Law Journal 3 (6/1/2007) |
I. Introduction. 4 II. Domestic and International Recognition of Environmental Human Rights. 10 A. The Rebirth of Human Rights Theories in U.S. Environmental Law. 10 1. Public trust doctrine. 11 2. State constitutional right to environment provisions. 13 3. Public Nuisance. 18 B. The Synergy Between Human Rights and Environmental Rights on a Global... |
2007 |
| Randall S. Abate |
CLIMATE CHANGE, THE UNITED STATES, AND THE IMPACTS OF ARCTIC MELTING: A CASE STUDY IN THE NEED FOR ENFORCEABLE INTERNATIONAL ENVIRONMENTAL HUMAN RIGHTS |
43A Stanford Journal of International Law 3 (6/1/2007) |
I. Introduction. 4 II. Domestic and International Recognition of Environmental Human Rights. 10 A. The Rebirth of Human Rights Theories in U.S. Environmental Law. 10 1. Public trust doctrine. 11 2. State constitutional right to environment provisions. 13 3. Public Nuisance. 18 B. The Synergy Between Human Rights and Environmental Rights on a Global... |
2007 |