| Author | Title | Citation | Summary | Year |
| Mary Jane Angelo , Mark T. Brown |
INCORPORATING EMERGY SYNTHESIS INTO ENVIRONMENTAL LAW: AN INTEGRATION OF ECOLOGY, ECONOMICS, AND LAW |
37 Environmental Law 963 (Fall 2007) |
Emergy synthesis, first developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decision making by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some... |
2007 |
| Patrick W. Wandres |
INDIAN LAND CLAIMS: SHERRILL AND THE IMPENDING LEGACY OF THE DOCTRINE OF LACHES |
31 American Indian Law Review 131 (2006-2007) |
Indian land disputes have been the source of legal controversy since the founding of the United States. In 1970, lands purchased, confiscated, or otherwise acquired by the United States from Indian tribes had an estimated value of over $560,000,000,000. Indian tribes had remote success in the hard-fought federal litigation of land claims until... |
2007 |
| Summer Sylva |
INDIGENIZING WATER LAW IN THE 21ST CENTURY: NA MOKU AUPUNI O KO'OLAU HUI, A NATIVE HAWAIIAN CASE STUDY |
16 Cornell Journal of Law & Public Policy 563 (Summer 2007) |
INTRODUCTION: THE CONTEMPORARY LANDSCAPE OF WATER LAW IN HAWAII. 563 I. NATIVE HAWAIIAN UNDERSTANDINGS OF WATER. 566 II. HAWAII'S PUBLIC TRUST DOCTRINE. 568 III. HAWAII'S LEADING WATER LAW CASES. 572 IV. NA MOKU CASE STUDY. 576 CONCLUSION. 578 |
2007 |
| Rebecca Tsosie |
INDIGENOUS PEOPLE AND ENVIRONMENTAL JUSTICE: THE IMPACT OF CLIMATE CHANGE |
78 University of Colorado Law Review 1625 (Fall 2007) |
The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article... |
2007 |
| Joseph Kieyah JD/PhD |
INDIGENOUS PEOPLES' LAND RIGHTS IN KENYA: A CASE STUDY OF THE MAASAI AND OGIEK PEOPLE |
15 Penn State Environmental Law Review 397 (Spring 2007) |
I. Introduction. 398 II. Historical Background. 400 A. Pre-Colonial Era. 400 B. Colonial Era. 402 C. Post-Colonial Era. 404 III. Evolution of Land Laws. 406 A. Protectorate Status. 406 B. Land Laws. 407 1. Policy of Land Occupied by Europeans. 407 2. Policy of Land Occupied by Africans. 408 IV. Legal Analysis of Protection of Maasai Land Rights.... |
2007 |
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INTERNATIONAL ENVIRONMENTAL LAW |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 97 (2007) |
This report reviews some of the major developments in international environmental law (IEL) during 2007. It discusses developments under relevant bilateral and multilateral international agreements, provides highlights from major conferences and meetings, and surveys significant reports and other publications. It is, by necessity, selective rather... |
2007 |
| Raechel Anglin |
INTERNATIONAL ENVIRONMENTAL LAW GETS ITS SEA LEGS: HAZARDOUS WASTE DUMPING CLAIMS UNDER THE ATCA |
26 Yale Law and Policy Review 231 (Fall 2007) |
Prologue: Hazardous Waste Crisis in Côte d'Ivoire. 232 Introduction. 233 I. Contemporary ATCA Jurisprudence: How a Law of Nations Norm Is Defined. 240 II. The International Norm Against Dumping as a Law of Nations: Definition and Consensus. 245 A. Defining the Norm Against Dumping. 246 B. International Consensus Against Dumping Hazardous Waste... |
2007 |
| Timo Koivurova |
INTERNATIONAL LEGAL AVENUES TO ADDRESS THE PLIGHT OF VICTIMS OF CLIMATE CHANGE: PROBLEMS AND PROSPECTS |
22 Journal of Environmental Law & Litigation 267 (2007) |
I. Taking Climate Change to International Legal Proceedings. 270 A. Climate Regime. 272 B. General International Law. 278 C. Sector Regimes. 283 II. Inuit vs. United States: Petition to the IACHR Regarding Destructive Impacts of Climate Change. 285 A. The Inuit Petition. 286 B. Possible Consequences of the IACHR's Decision. 293 III. Conclusion. 295 |
2007 |
| Vivian H.W. Wang |
INVESTOR PROTECTION OR ENVIRONMENTAL PROTECTION? "GREEN" DEVELOPMENT UNDER CAFTA |
32 Columbia Journal of Environmental Law 251 (2007) |
Introduction. 251 I. CAFTA's Framework for Investor and Environmental Protection. 257 A. Environmental Regulations as Indirect Expropriation. 259 1. What is Indirect Expropriation?. 259 2. Case Studies: Metalclad v. United Mexican States and Methanex v. United States. 263 B. Citizen Submissions on Environmental Enforcement.. 270 II. Increased... |
2007 |
| Gwendolyn Leachman, Ph.D., Jurisprudence and Social Policy, 2010 (UC Berkeley) |
JORDAN V. ALTERNATIVE RES. CORP.: THE FOURTH CIRCUIT LIMITS PROTECTION FROM RETALIATION FOR EMPLOYEES REPORTING A HOSTILE WORK ENVIRONMENT |
28 Berkeley Journal of Employment and Labor Law 599 (2007) |
An employee makes a grossly racially discriminatory remark at work, and is discovered to have made many similar comments in the past. Is the fellow employee who reports the remark to his employer--pursuant to the employer's anti-discrimination policy--protected from retaliatory discharge? If you said yes, you're not a reasonable person, at least... |
2007 |
| Michael C. Blumm , Sherry L. Bosse |
JUSTICE KENNEDY AND THE ENVIRONMENT: PROPERTY, STATES' RIGHTS, AND A PERSISTENT SEARCH FOR NEXUS |
82 Washington Law Review 667 (August, 2007) |
Abstract: Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in... |
2007 |
| D. Michael McBride, III , H. Leonard Court |
LABOR REGULATION, UNION AVOIDANCE AND ORGANIZED LABOR RELATIONS STRATEGIES ON TRIBAL LANDS: NEW INDIAN GAMING STRATEGIES IN THE WAKE OF SAN MANUEL BAND OF INDIANS V. NATIONAL LABOR RELATIONS BOARD |
40 John Marshall Law Review 1259 (Summer 2007) |
I. Introduction. 1260 II. San Manuel Historical Background. 1261 III. Inherent Tribal Government Powers and Federal Relationship. 1265 IV. Background of Federal Laws Applying to or Exempting Tribes. 1267 V. Analysis of San Manuel. 1259 VI. NLRB Historic Treatment of Tribes and NLRA Strategies for Tribal Governments and Their Enterprises. 1283 A.... |
2007 |
| Edward W. McClenathan |
LAND USE IMPLICATIONS OF CASINOS AND RACINOS ON LOCAL GOVERNMENTS IN NEW YORK STATE |
39 Urban Lawyer 111 (Winter, 2007) |
Since the mid-1970s, municipalities across the country have entertained the idea of casino-style gambling as a means of solving many local problems. In 1976, buoyed by the economic success of Las Vegas, Nevada, Atlantic City, New Jersey looked to casino gambling as a tool to address urban decay. The casinos in Atlantic City were built and became... |
2007 |
| Dave Owen |
LAW, ENVIRONMENTAL DYNAMISM, RELIABILITY: THE RISE AND FALL OF CALFED |
37 Environmental Law 1145 (Fall 2007) |
This Article examines the conceptual frameworks often used to understand and resolve controversies involving scarce and legally protected natural resources. It proposes that traditional frameworks, though ingrained in legal structures and conventional expectations, fail to adequately address tensions between resource consumption, environmental... |
2007 |
| Jona Razzaque |
LINKING HUMAN RIGHTS, DEVELOPMENT, AND ENVIRONMENT: EXPERIENCES FROM LITIGATION IN SOUTH ASIA |
18 Fordham Environmental Law Review 587 (Symposium, 2007) |
Despite having several procedural routes to bring actions in the court, public interest litigation seems to be the often-used tool used by the community groups in India, Pakistan and Bangladesh to protect the environment. In recent years, the decisions of the courts integrate both social and ecological concerns with particular attention to... |
2007 |
| Shi-Ling Hsu , Austen L. Parrish |
LITIGATING CANADA-U.S. TRANSBOUNDARY HARM: INTERNATIONAL ENVIRONMENTAL LAWMAKING AND THE THREAT OF EXTRATERRITORIAL RECIPROCITY |
48 Virginia Journal of International Law 1 (Fall 2007) |
Introduction. 2 I. Context: The U.S.-Canada Relationship. 7 A. A History of Dispute Avoidance and Peaceful Resolution. 7 B. The Retreat from Bilateralism. 14 II. Canada's Transboundary Pollution Problem. 24 A. A History of Transboundary Air Pollution. 25 B. The Makings of a Transboundary Air Pollution Lawsuit. 29 III. Exploring Domestic Solutions:... |
2007 |
| Eileen Gauna |
LNG FACILITY SITING AND ENVIRONMENTAL (IN)JUSTICE: IS IT TIME FOR A NATIONAL SITING SCHEME? |
2 Environmental & Energy Law & Policy Journal 85 (Summer 2007) |
I. Environmental justice: A Brief History. 87 A. The Historical Context. 87 B. The Siting Context in Particular. 89 II. The LNG Initiative: NIMBY on a National Scale. 100 III. The Road to a National Siting Scheme-- Some Exploratory Thoughts. 106 IV. Conclusion. 115 |
2007 |
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MARINE RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 231 (2007) |
The Marine Resources Committee deals with diverse disciplines focused on the marine environment. The geographical breadth of that environment -- embracing coastal, estuarine, near-shore, outer continental shelf, and international waters -- is matched by the range of issues that arise in addressing the development, management, and protection of... |
2007 |
| Stephen Higgs |
MEDIATING SUSTAINABILITY: THE PUBLIC INTEREST MEDIATOR IN THE NEW ZEALAND ENVIRONMENT COURT |
37 Environmental Law 61 (Winter 2007) |
The New Zealand Environment Court is a unique institution unlike any in the United States. The court is the principle adjudicator of disputes arising under the Resource Management Act or RMA, the first legislation in the world designed to achieve sustainability. In addition to rendering decisions, the court maintains an innovative mediation service... |
2007 |
| Jonathan G. Dorn |
NAAEC CITIZEN SUBMISSIONS AGAINST MEXICO: AN ANALYSIS OF THE EFFECTIVENESS OF A PARTICIPATORY APPROACH TO ENVIRONMENTAL LAW ENFORCEMENT |
20 Georgetown International Environmental Law Review 129 (Fall, 2007) |
With the recent free trade debate surrounding the Central American Free Trade Agreement (CAFTA), the time seems ripe to assess the effectiveness of the North American Agreement on Environmental Cooperation (NAAEC) at promoting environmental law enforcement in Mexico and improving Mexico's environment. The NAAEC is a side agreement to the North... |
2007 |
| Transcript of Professor Raymond Cross , Dr. William Rodgers |
NATURAL RESOURCE DAMAGE LAW AND POLICY - WITH A SPECIAL EMPHASIS ON THE INDIAN TRIBES |
28 Public Land & Resources Law Review 21 (2007) |
I'd like to add my welcome to the community of Missoula and beyond. Before I introduce our keynote speaker, Dr. William Rodgers from the University of Washington, I'd like to talk a little bit about your role, because the world your grandchildren, your great-grandchildren inherit is a world that you create for them, and that's what this conference... |
2007 |
| David J. Sousa , Christopher McGrory Klyza |
NEW DIRECTIONS IN ENVIRONMENTAL POLICY MAKING: AN EMERGING COLLABORATIVE REGIME OR REINVENTING INTEREST GROUP LIBERALISM? |
47 Natural Resources Journal 377 (Spring, 2007) |
Scholars and practitioners frustrated by the inefficiencies of environmental policy and the excessive adversarialism of environmental politics have embraced a panoply of next generation reforms of policy and process. Reformers hope that emerging policies can be more pragmatic and efficient than those shaped by the laws of the 1960s and 1970s, and... |
2007 |
| Jonathan M. Hanna |
ONCORHYNCHUS SPP.: CLIMATE CHANGE, PACIFIC NORTHWEST TRIBES, AND SALMON |
22-FALL Natural Resources & Environment 13 (Fall, 2007) |
Pacific Salmon (Oncorhynchus spp.) are iconic to the residents of the Pacific Northwest, and to none more so than the Native Americans of that region. For centuries, salmon have played a fundamental part in the cultural, social, economic, and spiritual life of Pacific Northwest tribes. Salmon play such a central role that the right to fish as they... |
2007 |
| Heather Shana Banchek |
OVERCOMING A HOSTILE WORK ENVIRONMENT: RECOGNIZING SCHOOL DISTRICT LIABILITY FOR STUDENT-ON-TEACHER SEXUAL HARASSMENT UNDER TITLE VII AND TITLE IX |
55 Cleveland State Law Review 577 (2007) |
I. L2-4,T4Introduction 578 II. L2-4,T4Background 581 A. L3-4,T4Current Climate of U.S. Schools 581. B. L3-4,T4Statutory Protections 583. 1. Title VII of the Civil Rights Act of 1964. 583 2. Title IX of the Educational Amendments of 1972. 585 C. L3-4,T4Sexual Harassment: Definitions and Types 585. 1. Quid Pro Quo Sexual Harassment. 585 2.... |
2007 |
| Jill Koren Kelley, Esq. |
OWNING THE SUN: CAN NATIVE CULTURE BE PROTECTED THROUGH CURRENT INTELLECTUAL PROPERTY LAW? |
7 Journal of High Technology Law 180 (2007) |
Intellectual property laws in the United States encourage great inventors, artists and performers to share their inventions, crafts and artistic expressions with humankind. These laws illustrate the value associated with safeguarding original creations within a protective legal framework. Typically, a specified artist or inventor must be aware of... |
2007 |
| Douglas Nash , Cecelia Burke , Institute for Indian Estate Planning and Probate, Seattle University School of Law |
PASSING TITLE TO TRIBAL LANDS: EXISTING FEDERAL AND EMERGING TRIBAL PROBATE CODES |
50-MAY Advocate 26 (May, 2007) |
Estate planning can be complicated by many factors including the size of a client's estate, a client's desire for a multifaceted process for distributing property, the application of complex laws, taxation issues and a host of other considerations. Estate planning for Indian people takes complicated to a new level. Add to the usual complexities... |
2007 |
| Rita Pearson Maguire, Esq. |
PATCHING THE HOLES IN THE BUCKET: SAFE YIELD AND THE FUTURE OF WATER MANAGEMENT IN ARIZONA |
49 Arizona Law Review 361 (Summer 2007) |
For the past twenty-six years, Arizona's elected officials and water managers have heralded the passage of the state's Groundwater Management Act (GMA or Groundwater Code) and its concomitant goal of safe yield. In 1986, the Ford Foundation even recognized the GMA as one of the ten most innovative programs in state and local government.... |
2007 |
| Tony Arnold |
PLANNING FOR ENVIRONMENTAL JUSTICE |
59 Planning & Environmental Law 3 (March, 2007) |
Editor's Note: Environmental justice (EJ) must have a face, because EJ is more about people than the environment. The environment is all around us, but we don't all live in the same environment. Hear the words of Lula Williams, president of South Camden Citizens in Action, from New Jersey: I live in Waterfront South. We have so many industries,... |
2007 |
| Jacqueline Phelan Hand |
PROTECTING THE WORLD'S LARGEST BODY OF FRESH WATER: THE OFTEN OVERLOOKED ROLE OF INDIAN TRIBES' CO-MANAGEMENT OF THE GREAT LAKES |
47 Natural Resources Journal 815 (Fall, 2007) |
It has been said that water will be the oil of the twenty-first century in that struggles to acquire or retain water will be the primary factor in diplomacy and military aggression and in economic growth and decline. The struggle to acquire or retain water will be important in both the national and international arenas. The recent development of... |
2007 |
| Li Zhiping |
PROTECTION OF PEASANTS' ENVIRONMENTAL RIGHTS DURING SOCIAL TRANSITION: RURAL REGIONS IN GUANGDONG PROVINCE |
8 Vermont Journal of Environmental Law 337 (Spring, 2007) |
China is facing rapid deterioration of the rural environment. This is a grim problem, which causes great damage to peasants' health and property; increases poverty; widens the gap between the rich and the poor; and seriously hurts the relationship between humans and nature. All of these effects negatively impact a harmonious, stable society and... |
2007 |
| Patti Goldman |
PUBLIC INTEREST ENVIRONMENTAL LITIGATION IN CHINA: LESSONS LEARNED FROM THE U.S. EXPERIENCE |
8 Vermont Journal of Environmental Law 251 (Spring, 2007) |
The rapid pace of economic development in China, and the sheer size and density of China's population, have given rise to a myriad of environmental challenges. The World Bank has listed 16 Chinese cities among the 20 cities with the worst air pollution in the world; a problem that may worsen with the exponential increase in the number of cars on... |
2007 |
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PUBLIC LAND AND RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 274 (2007) |
Section 368 of the Energy Policy Act of 2005 directs the Secretaries of Agriculture, Commerce, Defense, Energy, and Interior, in consultation with the Federal Energy Regulatory Commission, tribal governments, state and local governments, and affected utility industries, to designate corridors for oil, gas, and hydrogen pipelines and electricity... |
2007 |
| Joseph Azbell |
PUBLIC LANDS-THE ROAD LESS TRAVELED: THE 10TH CIRCUIT ADJUDICATES R.S. 2477 CLAIMS USING A PIECEMEAL STATE-LAW APPROACH INSTEAD OF A UNIFORM FEDERAL POLICY; SOUTHERN UTAH WILDERNESS ALLIANCE v. BUREAU OF LAND MANAGEMENT, 425 F.3D 735 (10TH CIR. 2005) |
7 Wyoming Law Review 547 (2007) |
In the fall of 1996 road crews employed by San Juan, Garfield, and Kane counties (hereinafter the Counties) began construction on sixteen roads that ran through Bureau of Land Management (BLM) controlled lands in southern Utah. Armed with graders and other earth-moving equipment, the Counties began to improve the existing primitive trails into... |
2007 |
| Wendy L. Wilkie |
PURCHASING CONTAMINATED PROPERTY--WITHOUT THE LIABILITY |
18-JAN South Carolina Lawyer 19 (January, 2007) |
The Environmental Protection Agency's (EPA's) new standard for a Phase I Environmental Site Assessment (Phase I) became effective on November 1, 2006. On November 1, 2005, the EPA promulgated the final regulation regarding the standard for all appropriate inquiry (the All Appropriate Inquiry or AAI Rule). 70 Fed. Reg. 66070 (codified at 40... |
2007 |
| Tara Ulezalka |
RACE AND WASTE: THE QUEST FOR ENVIRONMENTAL JUSTICE |
26 Temple Journal of Science, Technology & Environmental Law 51 (Spring 2007) |
Environmental racism is not a science, but the result of a power dynamic. . . . occur[ring] when people who have power in society choose not to have environmental hazards in their community. This environmental inequity becomes environmental injustice when environmental hazards are placed in a community of disempowered people. Environmental racism... |
2007 |
| César Cuauhtémoc García Hernández |
RADICAL ENVIRONMENTALISM: THE NEW CIVIL DISOBEDIENCE? |
6 Seattle Journal for Social Justice 289 (Fall/Winter 2007) |
God said, I have given you every seed-bearing plant which is on the face of all the earth, and every tree that bears fruit with seed. It will be for your food. To every wild animal, to every bird of the sky, to everything that creeps along the ground, to everything that has the breath of life, I give every green plant for food. So it was. God saw... |
2007 |
| Jeffrey Merchant |
RELIGION AND PUBLIC LANDS MANAGEMENT: WILL SNOWBOWL SNOWBALL? |
22-FALL Natural Resources & Environment 54 (Fall, 2007) |
In March 2007, a three-judge panel on the Ninth Circuit Court of Appeals held that using treated sewage effluent to manufacture snow violated the Religious Freedom Restoration Act (RFRA) by posing a substantial burden on the religious rights of several Arizona Indian tribes. The decision, Navajo Nation v. United States Forest Service, 479 F.3d 1024... |
2007 |
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RELIGIOUS LAND USE IN THE FEDERAL COURTS UNDER RLUIPA |
120 Harvard Law Review 2178 (June, 2007) |
The Constitution makes religious belief a private matter, but in the age of the megachurch and the perceived war on Christmas, where and how Americans express their faith are matters of great public interest. Consequently, much has been written about the zoning provisions of the Religious Land Use and Institutionalized Persons Act of 2000... |
2007 |
| Congressman Mark Udall |
REMARKS AT THE CLIMATE OF ENVIRONMENTAL JUSTICE: TAKING STOCK CONFERENCE AT THE UNIVERSITY OF COLORADO LAW SCHOOL, MARCH 16-17, 2007 |
78 University of Colorado Law Review 1553 (Fall 2007) |
Good afternoon to all of you. It is an honor to have been invited to address you as you kick off this important conference. I became interested in this concept of environmental justice not when I was elected to the Congress in 1998, and not when I served a single term in the state legislature, but when I was so fortunate to work for twenty years... |
2007 |
| Robert W. Adler |
RESTORING THE ENVIRONMENT AND RESTORING DEMOCRACY: LESSONS FROM THE COLORADO RIVER |
25 Virginia Environmental Law Journal 55 (2007) |
I. Introduction. 55 II. The Changing Colorado River. 57 III. The Place of Restoration in Environmental Law. 62 IV. Restoration and Democracy. 65 A. Wild Burros and Ground Sloths - What is a Natural Restored Ecosystem?. 65 B. Humpback Chub and Rainbow Trout - What is a Desirable Restored Ecosystem?. 71 C. Tamarisk and Eagles - Can Restored... |
2007 |
| 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 |
| Caroline Farrell |
SB 115: CALIFORNIA'S RESPONSE TO ENVIRONMENTAL JUSTICE--PROCESS OVER SUBSTANCE |
1 Golden Gate University Environmental Law Journal 113 (Summer 2007) |
Shortly after a pivotal decision in Warren County brought the disparate adverse impacts of land-use decisions on communities of color and low-income populations to the national consciousness, California recognized the need to codify environmental justice in state law. This occurred in the 1980's; however, California did not enact its first... |
2007 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |