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Annual Review of Chinese Environmental Law Developments: 2006

Editor's Summary: The 2006 passage of the Eleventh Five-Year Plan may mark a turning point for sustainable development in China. In 2006, China began to take a comprehensive approach to natural resources conservation and environmental protection. In this annual review, Mingqing You surveys the major developments in Chinese environmental law and policy in the past year. He covers national policy shifts, international environmental regimes China joined, economic incentive policies, and pollution control indicators.

Appraising Conservation Easement Donations: The Need for More Uniform Standards and Greater Oversight

Editors' Summary: Standardized appraisal methods for charitable contributions of conservation easement donations do not currently exist. Without such standards, landowners may potentially overvalue their donations of conservation easements to land trusts. The Internal Revenue Service (IRS) has recognized this abuse of the tax laws and has threatened to severely limit or eliminate the charitable contribution deduction program for conservation easements. In this Article, Jessica A.

Delisting Wolves: Are the Western Great Lake States Ready?

Editors' Summary: The recent ESA delisting of gray wolves in the Western Great Lakes region has challenged the states in that region to develop wolf management plans to protect the species. Michigan, Minnesota, and Wisconsin are at the forefront of efforts to develop comprehensive wolf conservation plans. In this Article, Edward Fitzgerald discusses the case of the gray wolf and its delisting in this region. He begins with a history of gray wolf protection, then examines the delisting and the development of wolf management plans in the region.

A Ringmaster for the Circus: Using Interstate Compacts to Create a Comprehensive Program to Restore the Chesapeake Bay

Editor's Summary: Efforts to protect and restore the Chesapeake Bay began as early as the 1970s, but the agencies and organizations working on the issue lack direction, coordination, and cohesion. As a result, progress toward protecting the bay and its watershed has been slow, while the threat of interstate pollution has grown. In this Article, Matthew L. Paeffgen offers a solution to increase the effectiveness of Chesapeake Bay protection efforts: the interstate compact.

Risky Business? Massachusetts v. EPA, Risk-Based Harm, and Standing in the D.C. Circuit

Editors' Summary: On September 19, 2007, the Environmental Law Institute hosted a seminar to examine developments in environmental standing in the U.S. Court of Appeals for the District of Columbia Circuit following the Supreme Court's decision last term in Massachusetts v. EPA. The panelists discussed the concept of a risk-based standard for proving "injury-in-fact" in environmental and public safety cases in light of such recent decisions as NRDC v. EPA I and II and Public Citizen v. NHTSA. The seminar concluded with a question-and-answer period. Below is a transcript of the event.

The Next Greenhouse Gas Executive Order?

Editor's Summary: Although the United States has not ratified the Kyoto Protocol, governments at local, state, regional, and even federal levels have taken steps to begin reducing greenhouse gas (GHG) emissions. In this Article, Charles Openchowski explains that five presidential Executive Orders mentioning GHGs have been signed since the Kyoto Protocol was drafted, two others related to GHGs have been issued, and several state governors have signed similar orders.

The Siren Sounds for Nitrogen

Editors' Summary: The international community is intensifying its efforts to combat nitrogen pollution, a threat to human health and the environment. In this Article, Jeremy S. Scholtes examines the nature of this type of pollution and the legal instruments currently in place that deal with it. He begins by explaining the theoretical concerns that negotiators must consider when designing legal instruments, recommending that regional hard law instruments in concert with partnership coordination platforms are the most effective tools for addressing nitrogen pollution.

A Fresh Start for EPA Enforcement

Editor's Summary: EPA's enforcement effort is starting to recover after a recent ebb in activity. In this Article, Eric Schaeffer examines how appointees under the next Administration can take advantage of the new momentum to build an even stronger enforcement program.

Confusion About "Change in Value" and "Return on Equity" Approaches to the <i>Penn Central</i> Test in Temporary Takings

Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. The discussion considers measurement of the denominator of the takings fraction related to Penn Central's parcel as a whole and whether it differs between permanent and temporary takings.