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Governance Structures for Nanotechnology Regulation in the European Union

Editors' Summary: The United States is not the only government facing the challenges of nanotechnology regulation. The European Union (EU) is also contemplating a regulatory mechanism for this new technology. Prof. Geert van Calster discusses the EU approach in this Article. He begins with an overview of regulation in the EU, and explains how the growing trend toward coand self-regulation might be applied to nanotechnology. He then describes the impact that the Aarhus Convention may have on regulation, including access to information.

The Regulation of Genetically Modified Organisms: Why the Biotech Products Case is a Win-Win Situation for the European Union

Editors' Summary: The United States and the EU currently stand in discord over the safety and value of GMOs in agricultural products. The disagreement culminated in a 2006 WTO Dispute Resolution Panel ruling in favor of the EU's use of discretionary, protectionist measures when regulating GMOs. In this Article, Jonathan Dorn explores whether international trade can co-exist with environmental protection. He offers background of the differing views on GMOs, explains the U.S.

Preserving the Flow: Legal Protection of Water in Times of Armed Conflict

Editors' Summary: The threat of terrorism and other armed conflict calls into question the security of the planet's water resources. Few legal tools exist to protect this critical resource. In this Article, Rupesh Mishra examines the vulnerability of freshwater and evaluates the tools that might be used to protect it during armed conflict. Surveying international law, custom, and emerging principles, he identifies opportunities where existing law might be better utilized for preservation of water.

Citizen-Friendly Approaches to Environmental Governance

Editors' Summary: Numerous commentators have urged that government increase opportunities for citizen participation as a way to advance a variety of public policy goals (enhancing government legitimacy, promoting more informed government decisions, etc.). In this Article, David L.

Time to Get Real: The Necessity of Legal Accountability for Responsible Transnational Commerce

Editor's Summary: Guaranteeing a greener, more humane, transnational commerce will require new approaches from government, international bodies, civil society, and corporations. The challenges posed by national sovereignty, corruption, and the traditional business model have made greening the worldwide supply chain difficult to accomplish. In this Article, Richard Reibstein examines these challenges and proposes ways in which they might be addressed.

Energy and Environmental Tax Changes in the Flood of Recent Federal Revenue Laws and What They Imply

Editor's Summary: In the United States, the need for independence from foreign oil and gas sources, a desire for more domestic production to meet the growing demand for oil and gas, and an interest in reducing pollution from hydrocarbon usage has influenced many recent developments in federal tax legislation. In this Article, Richard A. Westin summarizes this recent legislation in an attempt to discover what direction Congress seems to be moving with regard to energy and the environment.

Legal Ramifications of Revisions to Executive Order 12866

Editors' Summary: On March 2, 2007, the Environmental Law Institute held a seminar on the legal effects of President George W. Bush's revisions to Executive Order No. 12866. Panelists shared their expertise on a variety of topics surrounding the issue, including: the substance of the revisions; the cumulative impact of executive review; and the current state of Chevron deference. Below is a transcript of the event.

Controlling Greenhouse Gas Emissions From Mobile Sources--Massachusetts v. EPA

Editors' Summary: The recent Supreme Court decision in Massachusetts v. EPA is predicted to have significant impacts on standing to sue, regulation pursuant to the CAA, and pending climate change cases. Arnold W. Reitze examines the Massachusetts v. EPA decision and its potential implications. In this Article, he describes the history of the litigation, the majority opinion and dissents from the Supreme Court Justices, and the decisions that EPA and Congress now face in light of this decision.

<i>Kelo</i>'s Legacy

Editors' Summary: Rather than signaling the death of private property rights, as media and the public initially feared, the Supreme Court decision in Kelo v. City of New London ushered in an era of increased state and federal protection for private property. In this Article, Daniel H. Cole examines Kelo's repercussions for urban redevelopment. He begins with a description of the case, and then examines the resulting backlash from the media and public opinion, which decried the decision as unduly expanding eminent domain powers.

The Future of Technology Transfer Under Multilateral Environmental Agreements

Editors' Summary: A myriad of social, economic, and legal barriers stand in the way of transferring environmentally sound technologies from developed to developing countries. The international regime that could facilitate this transfer is, at the present time, nonbinding and vague. In this Article, James Shepherd explores the potential for technology transfer under multilateral environmental agreements.