David E. Adelman THE COLLECTIVE ORIGINS OF TOXIC AIR POLLUTION: IMPLICATIONS FOR GREENHOUSE GAS TRADING AND TOXIC HOTSPOTS 88 Indiana Law Journal 273 (Winter, 2013) This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all... 2013
Hoi L. Kong THE DISAGGREGATED STATE IN TRANSNationAL ENVIRONMENTAL REGULATION 78 Missouri Law Review 443 (Spring, 2013) This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest, and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of... 2013
Smita Narula THE GLOBAL LAND RUSH: MARKETS, RIGHTS, AND THE POLITICS OF FOOD 49 Stanford Journal of International Law 101 (Winter 2013) In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while... 2013
E.A. Barry-Pheby THE GROWTH OF ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL PROTECTION IN INTERNationAL LAW: IN THE CONTEXT OF REGULATION OF THE ARCTIC'S OFFSHORE OIL INDUSTRY 13 Sustainable Development Law & Policy 48 (2012-2013) The Arctic Ocean is surrounded by five coastal states (four of which are heavily industrialised). With its short food chain, and low temperatures, the Arctic Ocean is highly vulnerable to pollution. This marine environment is central to Arctic indigenous peoples existence: providing food, warmth, livelihood and cultural integrity. Yet the offshore... 2013
Lori Beail-Farkas THE HUMAN RIGHT TO WATER AND SANITATION: CONTEXT, CONTOURS, AND ENFORCEMENT PROSPECTS 30 Wisconsin International Law Journal 761 (Winter, 2013) The roots of the human right to water and sanitation date back to ancient times when concepts of community governed water use. Since then, the right has evolved alongside cultural and religious traditions, evolving social norms, and the law. The right to water and sanitation has been brought increasingly to the forefront of international human... 2013
Emily M. Thor THE HUMAN RIGHT TO WATER IN THE UNITED STATES: WHY SO DANGEROUS? 26 Pacific McGeorge Global Business & Development Law Journal 315 (2013) I. Introduction. 315 II. The International Human Right to Water. 317 A. Recognition of this Right by the United Nations. 317 B. The Perspective of the United States. 319 C. Private Sector Involvement. 321 III. The Human Right to Water in the United States. 324 IV. The Human Right to Water in Africa. 329 A. Nigeria. 330 B. South Africa. 333 V. Is... 2013
Jessica Owley THE INCREASING PRIVATIZATION OF ENVIRONMENTAL PERMITTING 46 Akron Law Review 1091 (2013) I. Introduction. 1091 II. The Rise of Compensatory Mitigation. 1092 A. Background. 1092 B. Examples. 1093 III. Privatization of Mitigation. 1101 A. Background. 1102 B. Examples. 1106 C. Benefits of Private Mitigation Programs. 1116 D. Concerns with Private Mitigation. 1118 IV. Conclusion: Harnessing Strengths while Minimizing Harms. 1127 2013
Rhett B. Larson THE NEW RIGHT IN WATER 70 Washington and Lee Law Review 2181 (Fall, 2013) This Article divides all rights into two broad categories-provision rights and participation rights. With a provision right, the government makes substantive guarantees to provide some minimum quantity and quality of a good or service. With a participation right, the government is legally proscribed from interfering with an individual citizen's... 2013
Stefaan Smis, Dorothée Cambou, Genny Ngende THE QUESTION OF LAND GRAB IN AFRICA AND THE IndigenOUS PEOPLES' RIGHT TO TRADITIONAL LANDS, TERRITORIES AND RESOURCES 35 Loyola of Los Angeles International and Comparative Law Review 493 (Summer 2013) On 13 September 2007, the UN General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This event was not only a landmark for the indigenous peoples' movement but also constituted an important contribution to the universal human rights system. The declaration has indeed, after two decades of difficult negotiations,... 2013
Steve Herbert, Brandon Derman, Tiffany Grobelski THE REGULATION OF ENVIRONMENTAL SPACE 9 Annual Review of Law and Social Science 227 (2013) environmental law, environmental justice, environmental regulation, scale, scope The need to regulate environmental problems is of ever-increasing urgency. Yet the complexity of environmental dynamics challenges any regulatory scheme. We use this essay to describe and assess some of these challenges. We deploy the terms scope and scale as analytic... 2013
Robert V. Percival , Zhao Huiyu THE ROLE OF CIVIL SOCIETY IN ENVIRONMENTAL GOVERNANCE IN THE UNITED STATES AND CHINA 24 Duke Environmental Law and Policy Forum 141 (Fall, 2013) In 1972 leaders of most of the nations of the world gathered in Stockholm for an historic first global summit on the environment, the United Nations Conference on the Human Environment. By a vote of 112-0, representatives of the nations assembled at that conference adopted a declaration emphasizing the importance of protecting the planet's... 2013
Thomas W. Merrill, David M. Schizer THE SHALE OIL AND GAS REVOLUTION, HYDRAULIC FRACTURING, AND WATER CONTAMINation: A REGULATORY STRATEGY 98 Minnesota Law Review 145 (November, 2013) Introduction. 147 I. Hydraulic Fracturing: A Technological Leap in Drilling for Shale Oil and Gas. 152 II. Economic, National Security, and Environmental Benefits from Fracturing. 157 A. Economic Growth. 157 B. Energy Independence and National Security. 161 C. Environmental Benefits: Air Quality and Climate Change. 164 1. Cleaner Air from Using Gas... 2013
Szonja Ludvig THE TribES MUST REGULATE: JURISDICTIONAL, ENVIRONMENTAL, AND RELIGIOUS CONSIDERATIONS OF HYDRAULIC FRACTURING ON TribAL LANDS 2013 Brigham Young University Law Review 727 (2013) Tex Hall, the chairman of the Three Affiliated Tribes, says that the federal government must be prohibited from regulating hydraulic fracturing. If this is not done, our oil and gas production on our reservation will cease. It's that simple. A Blackfeet woman prepares to show a documentary film on the environmental dangers of oil and gas drilling... 2013
Anietie Maureen-Ann Akpan TIERRA Y VIDA: HOW ENVIRONMENTAL INJUSTICE HAS ADVERSELY IMPACTED THE PUBLIC HEALTH OF RURAL BROWN POPULATIONS IN SOUTH TEXAS 43 Texas Environmental Law Journal 321 (Summer, 2013) I. Introduction. 321 II. The Development of Texas Colonias. 322 A. Poverty's Integral Role in Sustaining the Subordinate Collective Health of Colonia Residents. 323 B. How Natural Environment Also Creates Obstacles for South Texas Residents to Maintain Good Health. 324 III. The Texas Health & Safety Code--Examining an Existing Remedy Not... 2013
John W. Ragsdale, Jr. TO RETURN FROM WHERE WE STARTED: A REVISIONING OF PROPERTY, LAND USE, ECONOMY, AND REGULATION IN AMERICA 45 Urban Lawyer 631 (Summer, 2013) The we in this article's title refers collectively to those of us with European origins and our ancestors who came to the North American Continent in the fifteenth and sixteenth centuries. The continent was not uninhabited or a vacuum domicilium. There were millions of native inhabitants and they had been there for thousands of years before the... 2013
Douglas R. Williams TOWARD REGIONAL GOVERNANCE IN ENVIRONMENTAL LAW 46 Akron Law Review 1047 (2013) I. Cooperative Federalism, Institutional Design, and Problems of Over-Centralization and Decentralization: The Clean Air Act and Clean Water Act. 1050 A. The Clean Air Act and the Paradox of State Authority. 1053 B. The Clean Water Act and the Growth of State Authority. 1064 C. Problems of Coordination, Disruption, and Resiliency Under the CAA and... 2013
Sara Imperiale, Wang Pian Pian WASTE INCINERATION, COMMUNITY PARTICIPATION, AND ENVIRONMENTAL JUSTICE: A COMPARATIVE STUDY OF CHINA AND THE UNITED STATES 14 Vermont Journal of Environmental Law 435 (Spring, 2013) Introduction. 436 I. The Waste Disposal Problem in China. 437 II. Defining Community Participation. 440 III. Participation through EIAs in China. 443 A. Relevant EIA Laws and Regulations. 443 B. Implementation Challenges. 445 C. Chinese Case Studies. 448 1. High Participation Capacity Community: Panyu, Guangzhou Province. 448 2. Low Participation... 2013
Aaron Culp WATER CAN BE FOR DRINKING AGAIN: ECONOMIC AND COLLABORATIVE SOLUTIONS TO A TEXAS WATER FIGHT 45 Saint Mary's Law Journal 103 (2013) I. Introduction. 104 II. Legal Background. 107 A. The Texas Constitution and the Texas Water Code. 107 III. Economic Theories. 110 A. The Coase Theorem. 110 1. Transaction Costs. 112 2. Efficient Bargaining. 113 B. Water Markets. 115 C. Calabresi and Melamed's Cathedral Model. 120 1. Rule Four. 123 2. Spur Industries, Inc. v. Del E. Webb... 2013
Jason T. Gerken WHAT THE FRACK SHALE WE DO? A PROPOSED ENVIRONMENTAL REGULATORY SCHEME FOR HYDRAULIC FRACTURING 41 Capital University Law Review 81 (Winter, 2013) Over lunch at a Colorado Oil and Gas Association conference in August 2011, Halliburton Company Chief Executive Officer Dave Lesar offered a glass of Halliburton's new hydraulic fracturing fluid to a colleague. The executive took a swig of CleanStim, a trial fluid that Halliburton's website cautions should not be considered edible. Oil and gas... 2013
Adam Babich, Jane F. Barrett WHY ENVIRONMENTAL LAW CLINICS? 43 Environmental Law Reporter News & Analysis 10039 (January, 2013) The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose... 2013
Gavin Kentch A CORPORATE CULTURE? THE ENVIRONMENTAL JUSTICE CHALLENGES OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT 81 Mississippi Law Journal 813 (2012) L1-2Introduction . R3813. I. Historical Background: ANCSA and the Creation of the Alaska Native Corporations. 814 II. Analysis. 819 A. Theory: An Imperfect Solution? Native Corporations and Procedural Justice. 819 1. Board of Directors Composition and Village Access to Decision Making. 820 2. Proxies and Afterborns. 822 3. Village Corporations vs.... 2012
M.W. Marinakos A MIGHTY WIND: THE TURBULENT TIMES OF AMERICA'S FIRST OFFSHORE WIND FARM AND THE INVERSE OF ENVIRONMENTAL JUSTICE 2 Barry University Environmental and Earth Law Journal 82 (Summer, 2012) In 2001, Cape Wind Associates announced its proposal to construct America's first offshore wind farm in the federal waters of Nantucket Sound. This declaration touched off a storm of law suits, fund raising, and protests in the press that still rages to this day. Political pundits and environmental groups of every stripe have taken some surprising... 2012
Brittan J. Bush A NEW REGIONALIST PERSPECTIVE ON LAND USE AND THE ENVIRONMENT 56 Howard Law Journal 207 (Fall 2012) INTRODUCTION. 208 I. LOCALISM AND REGIONALISM: THE NORMATIVE DEBATE. 212 A. Localism. 212 1. City Powerlessness. 213 2. The Case for Localism. 216 3. The Failure of Localism. 219 B. The Concept of Regionalism. 224 C. The Promise of New Regionalism. 226 II. LAND USE AND ENVIRONMENTAL PROTECTION. 230 A. Land Use Planning and Environmental... 2012
Yaser Khalaileh A RIGHT TO A CLEAN ENVIRONMENT IN THE MIDDLE EAST: OPPORTUNITIES TO EMBRACE OR REJECT 42 Environmental Law Reporter News & Analysis 10280 (March, 2012) Following the Stockholm Declaration in 1972 emphasizing an essential need for a clean environment, a number of international proclamations were issued that contributed to international recognition of a substantive right to a clean environment as embodied 20 years later in the Rio Declaration. Since that time, there has been a movement for... 2012
Jessica Ball A STEP IN THE WRONG DIRECTION: INCREASING RESTRICTIONS ON FOREIGN RURAL LAND ACQUISITION IN BRAZIL 35 Fordham International Law Journal 1743 (November, 2012) INTRODUCTION. 1744 I. THE RECENT RISE OF AGRICULTURAL INVESTMENT AND BRAZIL'S POTENTIAL AS AN INDUSTRY LEADER. 1746 A. Different Structures of International Land Deals. 1750 B. International Actors. 1753 C. Investment Climate in Brazil. 1757 D. Investor Risk in Brazil. 1760 II. LAW 5.709 AND RECENT CHANGES IN THE FRAMEWORK GOVERNING FOREIGN... 2012
Kristen L. Holm-Hansen A STREAM WOULD RISE FROM THE EARTH, AND WATER THE WHOLE FACE OF THE GROUND: THE ETHICAL NECESSITY FOR WETLANDS PROTECTION POST-RAPANOS 26 Notre Dame Journal of Law, Ethics & Public Policy 621 (2012) While elections are rarely won or lost on environmental issues, creating and voting on environmental policy is an important part of every modern legislative session. With the United States facing population growth, the effects of recent environmental disasters, and an ever-growing reliance on consumerism and and technology, environmentalism is an... 2012
James Concannon ACTIONABLE ACTS: "SEVERE" CONDUCT IN HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT CASES 20 Buffalo Journal of Gender, Law & Social Policy 1 (2011-2012) This paper examines the significant weight that courts accord proof of especially severe conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the severe or pervasive test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof... 2012
Jedediah Purdy AMERICAN NATURES: THE SHAPE OF CONFLICT IN ENVIRONMENTAL LAW 36 Harvard Environmental Law Review 169 (2012) There is a firestorm of political and cultural conflict around environmental issues, including, but running well beyond, climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply... 2012
Zoë Prebble ANTI-SPRAWL INITIATIVES: HOW COMPLETE IS THE CONVERGENCE OF ENVIRONMENTAL, DESEGREGATIONIST AND FAIR HOUSING INTERESTS? 30 Buffalo Public Interest Law Journal 197 (2011-2012) Imagine spacious landscaped highways . giant roads, themselves great architecture, pass public service stations, no longer eyesores, expanded to include all kinds of service and comfort. They unite and separate--separate and unite the series of diversified units, the farm units, the factory units, the roadside markets, the garden schools, the... 2012
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