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Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay F. Wiley 2010 Georgetown University Law Center

Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay F. Wiley

Georgetown Law Faculty Publications and Other Works

Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling ...


Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi Short, Michael W. Toffel 2010 Georgetown University Law Center

Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi Short, Michael W. Toffel

Georgetown Law Faculty Publications and Other Works

Using data from a sample of U.S. industrial facilities subject to the federal Clean Air Act from 1993 to 2003, this article theorizes and tests the conditions under which organizations’ symbolic commitments to self-regulate are particularly likely to result in improved compliance practices and outcomes. We argue that the legal environment, particularly as it is constructed by the enforcement activities of regulators, significantly influences the likelihood that organizations will effectively implement the self-regulatory commitments they symbolically adopt. We investigate how different enforcement tools can foster or undermine organizations’ normative motivations to self-regulate. We find that organizations are more likely ...


Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne 2010 Georgetown University Law Center

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.


Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock 2010 Georgetown University Law Center

Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article focuses on the extent to which unenforceable voluntary initiatives undertaken by corporations can change corporate behavior to make businesses more environmentally responsible, i.e. not only comply with the law, but to do more than the law actually requires of them. These initiatives, loosely gathered under the umbrella of a movement called corporate social responsibility (CSR), are often proposed by the government as a way to fill regulatory and enforcement gaps or by industry, often as an alternative to regulatory requirements. In each case, their goal is to improve the compliance record of businesses and, in some cases ...


How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock 2010 Georgetown University Law Center

How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Since 1976, when the first environmental clinic was started at the University of Oregon’s law school, clinics have proliferated. Today, approximately one out of five law schools has an environmental clinic. With respect to clinics in general, the Association of American Law Schools Directory of Law Teachers lists “nearly 1400 full-time faculty teaching clinical courses.” Yet far from being an uncontroverted part of the academic landscape, clinics—particularly environmental clinics—have endured political blowback from challenging the environmentally destructive behavior of major economic interests. The effectiveness of environmental clinics is no greater than established environmental organizations—perhaps less effective ...


Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison 2010 University of Baltimore School of Law

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams 2010 Florida A & M University College of Law

Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams

Journal Publications

In the United States water law is a subset of property law that controls the use and allocation of the water resource. Water law was, and remains, state law; nothing in the Constitution purports to change that. The scope of federal sovereignty at the time of nationhood did not include even the possibility of playing a major role in regulating resources because the national government was not a significant landholder. The twentieth century changed water federalism dramatically. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in ...


Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall 2010 Florida A & M University College of Law

Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall

Journal Publications

Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and ...


Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate 2010 Florida A & M University College of Law

Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate

Journal Publications

Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed ...


A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright 2010 Florida A & M University College of Law

A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright

Journal Publications

No abstract provided.


Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate 2010 Florida Agricultural and Mechanical University

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an ...


Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate 2010 Florida A & M University College of Law

Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate

Journal Publications

The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate ...


Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams 2010 Florida A&M University College of Law

Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams

Journal Publications

Conflicts over water allocation have, become a national topic, rather than a regional one confined to the West. Increased water use and projections for further increased demand are combining with the decline of stationarity to underscore the importance of having sound water management policies and a coherent plan for water allocation at the ready and capable of implementation. Historically, and in an earlier era of water federalism, the state police power was acknowledged as the proper locus for making water law and policy.

In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states ...


Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle 2010 Villanova University Charles Widger School of Law

Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle

Villanova Environmental Law Journal

No abstract provided.


Volume 10 Issue 2, Sustainable Development Law & Policy 2010 American University Washington College of Law

Volume 10 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Exceptionalism United?: Unpacking Unfccc Article 7.2 ©, Niranjali M. Amerasinghe 2010 American University Washington College of Law

Exceptionalism United?: Unpacking Unfccc Article 7.2 ©, Niranjali M. Amerasinghe

Sustainable Development Law & Policy

No abstract provided.


Climate Change And The Regional Human Rights Systems, Megan Chapman 2010 American University Washington College of Law

Climate Change And The Regional Human Rights Systems, Megan Chapman

Sustainable Development Law & Policy

No abstract provided.


Assessing Offset Quality In The Clean Development Mechanism, The Offset Quality Initiative 2010 American University Washington College of Law

Assessing Offset Quality In The Clean Development Mechanism, The Offset Quality Initiative

Sustainable Development Law & Policy

No abstract provided.


Implications Of The Copenhagen Accord For Global Climate Governance , David Hunter 2010 American University Washington College of Law

Implications Of The Copenhagen Accord For Global Climate Governance , David Hunter

Sustainable Development Law & Policy

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted ...


Introduction: A Perspective On Sustainable Pathways Toward Preservation Of Biodiversity, Viki Breazeale 2010 American University Washington College of Law

Introduction: A Perspective On Sustainable Pathways Toward Preservation Of Biodiversity, Viki Breazeale

Sustainable Development Law & Policy

No abstract provided.


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