Researching Environmental Law: Further Research

Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' lawmeasures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather thanmandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggeststhat the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climatechange law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.

This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.

Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.

Cities are frequently viewed as passive participants to state and national efforts to solve the toughest urban problems. But the evidence suggests otherwise. Cities are actively devising innovative policy solutions and they have the potential to do even more. In this volume, the authors examine current threats to communities across the U.S. and the globe. They draw on first-hand experience with, and accounts of, the crises already precipitated by climate change, population shifts, and economic inequality. This volume is distinguished, however, by its central objective of traveling beyond a description of problems and a discussion of their serious implications. Each of the thirteen chapters frame specific recommendations and guidance on the range of core capacities and interventions that 21st Century cities would be prudent to consider in mapping their immediate and future responses to these critical problems. How Cities Will Save the World brings together authors with frontline experience in the fields of city redevelopment, urban infrastructure, healthcare, planning, immigration, historic preservation, and local government administration. They not only offer their ground level view of threats caused by climate change, population shifts, and economic inequality, but they provide solution-driven narratives identifying promising innovations to help cities tackle this century's greatest adversities.

Identifying the major legal issues raised by hydraulic fracturing, including the current transactional, regulatory, and litigation issues that are most relevant to the real estate and environmental law practitioner, this book also provides practical suggestions to lawyers representing clients in real property transactions.

As conservation of the environment plays an increasingly important role within society, International Law and the Environment continues to be the essential read for students and practioners alike. International Law and the Environment, whilst remaining rooted within the substantive law, places legislation on the protection of the environment firmly at the core of its current context. Written by three of the foremost experts in this field, the authors employ sharp and thorough analysis of thelaws, allowing them to share their extensive knowledge and experience with the reader. The authors provide a unique perspective on the implications of International regulation, promoting a wider understanding of the pertinent issues impacting upon the law.This edition features extended treatment of Genetically Modified Organisms and biotechnology as well as the implications of ethics and the environment. It also benefits from new material covering the role of the International Maritime Organisation and Non-Governmental Organisations, which continueto grow in their influence over legislative provisions. These revisions ensure that not only does International Law and the Environment remain at the forefront of developments but continues to provide the most complete coverage of the growing subject of environmental law.

The Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development.The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included.While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers and practitioners of international environmental, economic and human rights law.

Because of the amount of money routinely at risk in CERCLA cleanups, most private parties facing Superfund liability will continue to look to the courts for resolution. Focusing on case-oriented information, this guidebook casts light on the issues that are central to current Superfund litigation. Written by an experienced attorney who specializes in this area of law, The Superfund Manual provides key summaries of the state of the law under CERCLA along with invaluable practice tips and strategies that offer deeper insights into key litigation issues under the statute. Topics include: Government response authority under section 104 of CERCLA Remedy selection standards and remedy selection procedures Abatement authority under section 106 Liability issues, including causation, defenses, and types of recoverable costs Settlement Judicial review Organizing PRPs at multiparty sites Litigating a federal cost recovery action Private party actions (sections 107 and 113) Natural resource damages CERCLA and SARA Title III reporting requirements Insurance Bankruptcy"

This is a comprehensive analysis of the government's evolving role in protecting wetlands, focusing on the Clean Water Act's Section 404 permitting program. It covers the scientific, social, and legal implications of Section 404, and includes chapters detailing wetlands ecology, the states' role in implementing these policies, takings issues, judicial review, and agricultural programs.