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Use of Motive Evidence in Judicial Review of Downzonings

Editors' Summary: In this Article, Michael Allen Dymersky and Jesse J. Richardson Jr. examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property.

Law and Policy for Ecosystem Services

Editors' Summary: On February 21, 2007, the Environmental Law Institute hosted a seminar on law and policy for ecosystem services. After the moderator provided an overview of the challenges and opportunities for regulation of ecosystem services, the panelists shared their expertise on a range of topics surrounding this issue, including the Millennium Ecosystem Assessment, the economics of ecosystem services, differences between provisioning services and regulating services, and information and incentive programs for the private sector. Below is a transcript of the event.

The State of the States: An Overview of State Biodiversity Programs

Editors' Summary: Most popular and scholarly attention paid to biodiversity conservation has focused on federal efforts such as the ESA or international regimes like CITES. However, U.S. states have long taken action to protect biodiversity before the federal government. In this Article, Susan George discusses states'roles in biodiversity conservation, including jurisdictional issues and the authority upon which the states base their programs, new protection efforts, and what can be expected from states in the coming years.

Ecosystem Services as a Framework for Law and Policy

Editors' Summary: Law and policy have traditionally lagged behind economics and ecology as fields addressing the value and protection of ecosystem services. Environmental lawyers and policymakers need to work to close the gap in ecologist- and economist-dominated discourse on these vital services. In this Article, Ira R. Feldman and Richard J. Blaustein examine the potential intersections of ecosystem services and law and policy. They discuss how economic considerations like valuation, scale, and uncertainty might figure in the policy opportunities for ecosystem services.

Marine Aquaculture: A Growing Business

Editors' Summary: On February 6, 2007, the Environmental Law Institute hosted a seminar to discuss the environmental implications of the growing business of marine aquaculture. This seminar was the fifth event in the Oceans seminar series. After the moderator offered introductions, the panelists discussed a range of issues, including the current environmental challenges facing aquaculture, laws and policies that regulate existing aquaculture practices, and expanding and emerging sectors such as offshore aquaculture. The seminar concluded with a question-and-answer period.

Greening Environmental Rights: Separating Law and Morality in Environmental Public Interest Litigation in Pakistan

Editor's Summary: Many environmentalists consider active environmental litigation in developing countries to be a positive development. However, in Pakistan, a country that encourages public interest litigation, this system poses serious institutional and legal problems that may hinder the development of an effective national response to environmental challenges. Those litigating for environmental protection in Pakistan may be relying too heavily on the courts to take measures that should be within the jurisdiction of the Pakistan EPA. In this Article, Dominic J. Nardi Jr.

From Caveman to Cave Protector: the Quest for Responsible Cave Protection Legislation

Editors' Summary: Caves and their valuable repositories of ecological, geological, and archaeological data are at risk from human activities such as tourism and vandalism. Structures that took millions of years to form may be destroyed in seconds by careless or malicious visitors, and delicate cave-dwelling species such as bats are vulnerable to human disturbances. In this Article, Henry L.

Common Law Remedies: A Refresher

Editors' Summary: Recent lawsuits by state and local governments, public interest organizations, and private citizens against electric companies, automobile companies, and lead paint manufacturers signify the reemergence of the common law as a powerful tool for protecting the environment. In this Article, Denise E. Antolini and Clifford L. Rechtschaffen provide a broad introduction to various common law theories that can be used to protect the environment, including trespass, nuisance, strict liability, and public trust.

Climate's Impact on Securities Disclosures

Editors' Summary: On September 27, 2007, the Environmental Law Institute and Sidley Austin LLP cosponsored a seminar to discuss drafting climate change securities disclosures. The panelists examined SEC requirements applying to climate change, examples of climate change disclosures, and what investors want to know about climate change and what they are doing to get that information. The seminar concluded with a question-and-answer period. Below is a transcript of the event. [Transcribed by ACE Transcription Service, Washington, D.C.