Environmental law (Northwestern School of Law)最新文献

{"title":"9. Regulatory Strategy","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0009","url":null,"abstract":"This chapter discusses the meaning and role of regulatory strategy in English and EU environmental law. Regulatory strategy is often thought of as an instrument to achieve certain environmental protection ends but the chapter argues that, despite the availability of a plethora of regulatory tools to implement them, regulators often face significant challenges to act in a strategic manner and to turn environmental regulatory strategy into an effective instrument of behavioural change. Against this background the chapter outlines the strengths and weaknesses of the key regulatory strategies currently adopted by both public and private regulators in a range of jurisdictions.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60798475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"1. What is Environmental Law?","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0001","url":null,"abstract":"This chapter provides an introductory overview to environmental law including the way the subject is defined and the challenges involved in studying it. As with other chapters in this book, this introductory chapter provides an advanced introduction to environmental law containing carefully selected abstracts from cases, legislation, and academic debate. The chapter begins with an overview of the environmental law landscape in the UK and moves on to describe three different ways to define environmental law—descriptively, purposively, and jurisprudential—and why these different definitions matter. The challenges of practising and studying environmental law are explored and in the last section a framework is provided for structuring environmental law inquiry. Overall, the chapter provides a launching off point for the study of environmental law as well as a reference point for those who are studying the subject.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60798420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"8. Principle and Policy","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0008","url":null,"abstract":"This chapter concerns two key concepts of environmental law: environmental principles and environmental policy. Both concepts are well known to those who study and practise UK and EU law, but that familiarity can be deceiving when it comes to understanding their role in environmental law, because both principles and policy perform important, distinctive, and evolving functions. Environmental principles are highly symbolic ideas of environmental policy that have been developing prominent roles in environmental law globally, including in EU environmental law. Environmental policy is often implicated in environmental law regimes because of the need to respond quickly to changing circumstances and provide detailed and technical guidance in complex policy areas. Determining the legal implications of extensive reliance on policy in environmental law is thus important. Exploring both these distinctive legal features of environmental law—principle and policy—helps to elucidate different aspects of environmental law as a subject, interrogating the jurisprudential nature of environmental law and revealing key characteristics of its developing doctrine.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60798437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"10. Environmental Law in the Legal Culture of the United Kingdom","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0010","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0010","url":null,"abstract":"This chapter is an overview of the legal cultures within the UK as they relate to environmental law. The focus here is on England, but the scope of analysis is across the UK and includes discussion of the devolved regions. The purpose of the chapter is to give the reader not only a general overview of the main features of these cultures but also to highlight much of its complexity. In particular, the uniqueness of much of UK environmental law means that one must be wary of transplanting ideas and assumptions about environmental law from other jurisdictions. The chapter thus begins with a basic discussion of legal culture.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60798490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"11. European Union Environmental Law","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0011","url":null,"abstract":"Much of the substance of UK environmental law has been derived from EU environmental law. This chapter is an introduction to some of the major themes in EU environmental law. The first section outlines aspects of EU legal culture and considers different approaches to defining EU environmental law. The following sections examine four major themes of EU environmental law. The first theme is competence, which concerns the nature of the EU’s authority to act in relation to environmental matters. The second theme is implementation and enforcement. The third theme is the ability of Member States to take unilateral environmental protection action. Finally, the last theme is the legitimacy and accountability of EU governance.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60798534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Healthy Watershed Framework: A Blueprint for Restoring Nutrient-Impaired Waterbodies through Integrated Clean Water Act and Farm Bill Conservation Planning and Implementation at the Subwatershed Level","authors":"Jamie Konopacky, Laurie A. Ristino","doi":"10.2139/SSRN.3052983","DOIUrl":"https://doi.org/10.2139/SSRN.3052983","url":null,"abstract":"Current approaches to Clean Water Act and farm bill conservation programming are not effectively addressing agricultural runoff in the United States. Waters in the United States are reeling from the effects of nutrient pollution. Clean Water Act and farm bill policies can be revised and integrated to support a small-scale watershed planning and implementation approach that will more effectively restore nutrient impaired waterbodies. This Article provides an overview of relevant foundational planning principles and complex problem-solving theories and provides concrete Clean Water Act and farm bill policy recommendations, which are rooted in on-the-ground state and local level policy and project experience.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"47 1","pages":"647"},"PeriodicalIF":0.0,"publicationDate":"2017-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45815695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Still Crying Out for a 'Major Overhaul' after All These Years — Salmon and Another Failed Biological Opinion on Columbia Basin Hydroelectric Operations","authors":"M. Blumm, J. Fry, Olivier Jamin","doi":"10.2139/SSRN.2858098","DOIUrl":"https://doi.org/10.2139/SSRN.2858098","url":null,"abstract":"For nearly four decades, national policy has been to restore Columbia Basin salmon devastated by the construction and operation of the Federal Columbia River Power System (FCRPS). In the 1980 Northwest Power Act, Congress declared that salmon restoration was a national priority, and that it would be funded largely through federal hydropower sales. A basinwide plan approved by the Northwest states began the restoration effort in 1982, but since that plan did not focus on wild salmon restoration, it was eclipsed by federal biological opinions (BiOps) after several salmon species were listed under the Endangered Species in the early 1990s. There followed a seemingly endless series of court challenges to the adequacy of the BiOps, most of which succeeded.Although we discuss all of the Columbia Basin ESA salmon court decisions over the last quarter-century, we focus on the 2016 decision, a remarkable 149-page opinion that is a paragon of close judicial review. Judge Michael Simon became the third consecutive federal judge to find the federal BiOp on FCRPS hydroelectric operations wanting, but he did so in much greater detail and scope than did his predecessors. The result was a judicial opinion that could produce substantial changes in the way the federal government approaches ESA compliance of the world’s largest integrated hydroelectric system. Like his predecessors, Judge Simon faulted the federal government for failing to ensure that the mitigation measures in its FCRPS BiOp were “reasonably certain to occur.” In addition, among other shortcomings, he determined that the BiOp failed to 1) employ a proper standard of species recovery in its BiOp, 2) account for the effects of climate change on the mitigation measures in its BiOp, and 3) prepare a programmatic environmental impact statement on the cumulative effects of those measures and reasonable alternatives. Implementation of the Simon opinion, if carried out faithfully, could substantially improve prospects for the recovery of the thirteen ESA-listed salmon runs. The opinion also may establish important ESA precedent concerning the species jeopardy that BiOps are to avoid, the critical habitat that BiOps are supposed to protect, and the relationship between BiOp implementation and procedures necessary to satisfy the National Environmental Policy Act (NEPA). Concerning the latter, perhaps the most arresting aspect of the Simon opinion was the directive that NEPA required an environmental impact statement evaluating the alternative of breaching the four federal dams on the Lower Snake River. However, while a court may order the FCRPS agencies to consider dam breaching as a NEPA alternative, neither the agencies nor a court have authority to order dam breaching, a matter that in the case of federal dams lies exclusively with Congress.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"47 1","pages":"287"},"PeriodicalIF":0.0,"publicationDate":"2016-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68395024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Control of Air Pollution on Indian Reservations","authors":"A. Reitze","doi":"10.2139/SSRN.2922074","DOIUrl":"https://doi.org/10.2139/SSRN.2922074","url":null,"abstract":"Changes in oil and gas production technology in recent years led to a boom in domestic oil and gas production. Between 2010 and 2014 petroleum production increased fifty-nine percent and natural gas production increased by twenty-two percent. While this production has reduced the nation’s dependence on imported fuel it has resulted in serious air pollution problems developing in rural areas of the western United States including Indian lands. The lack of effective air pollution controls on existing oil and gas well operations has made it difficult to control emissions from this industry. This article looks at the efforts being made to deal with air quality issues arising in Indian country that involve a legal regimen that differs from the program applicable to the rest of the nation. It examines the application of air pollution controls in Utah where approximately forty percent of the active oil and gas wells are located in Indian reservations.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"46 1","pages":"893"},"PeriodicalIF":0.0,"publicationDate":"2016-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68433998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Farmer's Cooperatives to Regionalize Food Systems: A Critique of Local Food Law Scholarship and Suggestion for Critical Reconsideration of Existing Legal Tools for Changing the US Food System","authors":"M. Oldfield","doi":"10.2139/SSRN.2825422","DOIUrl":"https://doi.org/10.2139/SSRN.2825422","url":null,"abstract":"Scholarship in food law is replicating broader societal interest in sustainability and local foods as a means to changing the dominant food system. The work of lawyers is critical to helping institutionalize innovative food systems ideas, but the scholarship often fails to engage in reflexive analysis of whether particular policies will effectively advance articulated goals. As a result, attention is disproportionally directed at certain initiatives at the expense of other, potentially more effective strategies. To address this, legal scholars need to incorporate other social science disciplines into their scholarship to develop thoughtful, critical analyses of the roles of law in building alternative food networks. Having recognized the limitations of local food systems, regional and midscale food systems are being advocated to augment the local initiatives. Cooperatives formed under the Capper-Volstead Act are legal entities with significant potential to help regionalize food systems. However, their formation and operation must be undertaken with consideration to the legislative history, statutory interpretation, and current economic contexts that allow some cooperatives to operate in ways that frustrate the goals of alternative food systems advocates. By incorporating social science critiques of food advocacy work and applying these critiques to a reflexive analysis of a legal tool for advancing alternative food systems, this paper demonstrates the important contributions that legal scholars can make through more engaged scholarship with other disciplines.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"47 1","pages":"225"},"PeriodicalIF":0.0,"publicationDate":"2016-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68359600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Two Wrongs? Correcting Professor Lazarus's Misunderstanding of the Public Trust Doctrine","authors":"M. Blumm","doi":"10.2139/SSRN.2735147","DOIUrl":"https://doi.org/10.2139/SSRN.2735147","url":null,"abstract":"This paper responds to Professor Richard Lazarus's recent and longstanding criticisms of the public trust doctrine (PTD). I claim Richard misunderstands the non-absolutist nature of the doctrine, which seeks accommodation between public and private property. Although he acknowledges the value of the PTD as a defense to claims of private takings, he thinks that the \"background principles\" defense it affords government regulators is a static doctrine. And he fails to see that the PTD hardly equips courts with the authority to displace legislative and administrative decision makers. Instead, as epitomized in the well-known Mono Lake decision, the doctrine -- an inherent limit on all sovereigns -- requires those more representative branches to exercise their discretion in protecting trust resources from destruction or monopolization.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"46 1","pages":"481"},"PeriodicalIF":0.0,"publicationDate":"2016-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2735147","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68279806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}