Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 38, No. 1, Winter

Analyzing Carbon Emissions Trading: A Potential Cost Efficient Mechanism to Reduce Carbon Emissions
I. INTRODUCTION II. CLIMATE CHANGE AND THE NEED FOR INTERNATIONAL ACTION III. THE STRUCTURE, FRAMEWORK, AND ADOPTION OF EMISSIONS TRADING A. The Policy Behind the Flexible Mechanisms B. Carbon Emissions Trading 1. Policy Behind...
Climate Change in the Supreme Court
I. BACKGROUND II. INSIDE MASSACHUSETTS V. EPA III. CONCLUSION I. BACKGROUND In 1999, a group of non-governmental organizations, led by the International Center for Technology Assessment (ICTA), petitioned the Environmental Protection Agency...
Has the Federal Courts' Successive Undermining of the APA's Presumption of Reviewability Turned the Doctrine into Fool's Gold?
I. INTRODUCTION II. THE GENERAL MINING ACT OF 1872 A. Mining Under the General Mining Law of 1872 B. Abuses of the Mining Law III. AVAILABILITY OF JUDICIAL REVIEW FOR THIRD PARTIES UNDER THE MINING LAW A. The APA and Preclusion of Judicial...
Imposing Judicial Restraints on the "Art of Deception": The Courts Cast a Skeptical Eye on Columbia Basin Salmon Restoration Efforts
I. INTRODUCTION II. NWF : NMFS: REJECTING THE DECEPTION OF THE 2004 BIOP III. RESISTING BPA's ATTEMPT TO SHOOT THE MESSENGER A. Rejecting BPA 's Attempt to Dismantle the FPC 1. Unlawfully Relying on Legislative History 2. Unreasonably...
Is Environmentalism Dead?
I. INTRODUCTION II. WHAT MOVEMENT, EXACTLY, IS FALTERING, AND WHAT SHOULD OUR EXPECTATIONS BE? III. INDICATORS OF SUCCESS AND FAILURE A. Indices of Public Knowledge: Environmental Literacy B. Indices of Attitudes and Preferences ...
Is Scalian Standing the Latest Sighting of the Lochner-Ess Monster? Using Global Warming to Explore the Myth of the Corporate Person
I. INTRODUCTION II. WHAT IS SCALIAN STANDING? A. Environmental Injuries Do Not Fit the Scalian Standing Paradigm III. A CORPORATION IS NOT ANALOGOUS TO A PERSON: THE DIVERGENT INTERESTS OF CORPORATIONS AND PEOPLE IN THE CONTEXT OF GLOBAL...
On Thin Ice: The Failure of the United States and the World Heritage Committee to Take Climate Change Mitigation Pursuant to the World Heritage Convention Seriously
I. INTRODUCTION II. THE "INCONVENIENT TRUTH": THE WORLD HERITAGE CONVENTION, GLACIER NATIONAL PARK, AND CLIMATE CHANGE A. Overview of the World Heritage Convention B. Climate Change: A Serious and Specific Danger to Glacier ...
Postcard from the Reality-Based Universe: "Wish You Were All Here!" A Meditation on the Relationship between Science, Intellectual Property Law, and the Rights of Indigenous Populations in Plant Genetic Resources
I. INTRODUCTION A. The Debate B. Setting the Stage 1. Stakes and Stakeholders 2. The Nature of IP Law C. In Search era Center II. SCIENCE, TECHNOLOGY & EXPERTISE A. What is Science? B. Technology &...
Tying Up Loose Ends: Resolving Ambiguity in Ballot Measure 37's Public Health and Safety Exemption
Oregon's property rights measure, known as Measure 37, has had immeasurable impacts on the state and its comprehensive land use planning program, which has been in existence for over thirty years. While Measure 37 threatens to erode the gains made...
Waterbirds, the 2010 Biodiversity Target, and Beyond: AEWA's Contribution to Global Biodiversity Governance
I. INTRODUCTION II. THE AGREEMENT ON THE CONSERVATION OF AFRICAN-EURASIAN MIGRATORY WATERBIRDS A. Background B. Institutions 1. The Meeting of the Parties 2. The Technical Committee 3. The Agreement Secretarial ...