Tag Archives: environmental policy

The Metrics of Constitutional Amendments: And Why Proposed Constitutional Amendments Don’t Add Up (J. B. Ruhl)

Author(s)

J.B. Ruhl

Keywords

constitutional law, environmental law, environmental rights, rights to environmental quality, policy, politics, environmental policy, United States Constitution

Abstract

None Available

Citation

(1999) 74 Notre Dame Law Review 245

Paper

The Metrics of Constitutional Amendments: And Why Proposed Constitutional Amendments Don’t Add Up

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Keynote Address: Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equality (R. Tsosie)

Author(s)

Rebecca Tsosie

Keywords

climate change, United States, tribal governance, human rights, Native Nations, development, environmental policy, energy development, decision-making

Abstract

This essay discusses the place of indigenous peoples within the politics of climate change. In the United States, contemporary policymakers understand federally-recognized Indian tribes as “domestic dependent nations.” In that capacity, tribal governments have the power to address many environmental issues arising on their reservation lands and impacting their members. At the level of international policy, Native Nations are designated as “indigenous peoples,” with a distinctive set of human rights related to their unique identity as land-based communities with longstanding cultural connections to their environments. Sometimes those two identities operate consistently, allowing Native Nations to preclude forms of energy development that threaten their lands, communities, and cultures, as the Navajo Nation did when it enacted the Dine Natural Resources Protection Act of 2005, which banned uranium mining within Navajo Indian Country. Sometimes, however, the identities may be in tension. For example, coal and oil extraction may benefit the economic interests of Native Nations which hold ownership interests in these resources, but may jeopardize the subsistence lifeways of other Native peoples who depend upon the integrity of their lands and waters, as well as the plants, animals and fish in those natural environments. In the era of climate change, these tensions are becoming particularly apparent, forcing Native peoples and policymakers to make difficult decisions about the optimal energy policies to guide the future. This essay compares the predominant model of decision-making, which uses a utilitarian cost-benefit analysis to construct the optimal policy to serve the interests of national and tribal governments in the present day, with the type of long-range thinking used by many land-based indigenous communities to promote sustainable use of lands and resources for several generations. The essay concludes that the current challenge of climate change poses an opportunity to transform our ways of thinking about environmental policy and energy development.

Citation

(2010) Journal of Environmental Law and Litigation 25 (1)

Paper

Keynote Address : Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equity

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Constituting Fundamental Environmental Rights Worldwide (J. R. May)

Author

James R. May

Keywords

environmental rights, constitutionalism, fundamental rights, environmental policy

Abstract

This article has four parts and purposes. Part I explains the concept of constituting fundamental environmental rights. It examines the threshold questions of whether constitutionalism is right for fundamental environmental rights and vice versa, and concludes that fundamental environmental rights are no less susceptible to constitutionalism than other, more traditional fundamental rights. Part II surveys and discusses the international trend of constituting environmental policy and bestowing fundamental environmental rights worldwide. Part III discusses those nations with constituted fundamental environmental rights that have been found to be enforceable thus far. Part IV concludes the article.

Citation

(2006) 23 Pace Envtl. L. Rev. 113 (2006)

Paper

Constituting Fundamental Environmental Rights Worldwide

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Access to Justice in Environmental Matters: A Fundamental Democratic Right (B. Dette)

Author(s)

Birgit Dette

Keywords

environmental policy, democratic rights, access to justice, Europe

Abstract

Dr. Ludwig Krämer, born 1939, retired from the European Commission in August 2004. Dr. Krämer joined the European Commission in 1972, where he started his career dealing with consumer protection issues in the Competition Directorate-General. He successfully combined his profession as an official of the European Commission with intensive writing and teaching activities. Dr. Krämer is the author of numerous books, handbooks and articles on EC environmental law. He is an environmental law professor and regularly teaches at several European and non-European universities. In his teaching and speeches, he has inspired his audience and spurred many young people into working to protect the environment. On the occasion of his retirement from the Commission, a group of colleagues and friends decided to honor him with the production of this book, which assembles legal essays on a number of EC environmental law subjects.

Citation

Marco Onida ed., Europe and the Environment: Essays in Honour of Ludwig Krämer (Europa Law Publishing, 2004) 3

Paper

‘Access to Justice in Environmental Matters: A Fundamental Democratic Right’, in Europe and the Environment: Essays in Honour of Ludwig Krämer

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Superfund at 30 (M.L. Judy & K.N. Probst)

Author(s)

Martha L. Judy and Katherine Nicole Probst

Keywords

Superfund, CERCLA, Trust fund, taxes, environmental, brownfields, cost recovery, liability, natural resources damages, contribution, joint and several, cleanup, spill, emergency, remediation, removal, history, EPA, NPL, environmental policy, environmental economics, environmental liability

Abstract

TABLE OF CONTENTS
Introduction 192
I. Cleaning Up Contaminated Sites 200
A. Program Accomplishments 205
B. NPL Listings/Deletions 206
C. Construction Complete 209
D. Government Performance Results Act Measures 210
E. Removal Actions 212
II. Paying for Cleanup: Taxes and Liability 213
A. Superfund Trust Fund 216
B. Liability as a Funding Mechanism 221
C. Spreading Costs Among Private Parties 230
III. Issues on the Horizon 241
A. Can the Quality and Pace of Cleanups Be Improved? 242
B. What Steps Need to Be Taken to Ensure a Robust and Reliable Long-term Stewardship – or Post-cleanup – Program? 243
C. Will Private Parties Continue To Contribute Work and Money to NPL Cleanups, and Will They Continue To Clean Up Sites on Their Own? 244
D. What Are the Funding Needs for the Superfund Program over the Next Five to Ten Years? 246
E. Improving Superfund Requires Increased Program Evaluation and Greater Transparency 247

Citation

(2009) 11 Vermont Journal of Environmental Law 191

Paper

Superfund at 30

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