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Environmental Law and Policy/Governance

The Impact of Citizen Environmental Science in the United States

An increasingly sophisticated public, rapid changes in monitoring technology, the ability to process large volumes of data, and social media are increasing the capacity for members of the public and advocacy groups to gather, interpret...

Fields of Dreams: An Economic Democracy Framework for Addressing NIMBYism

Local opposition to development of socially desirable facilities is one of the most important policy challenges in the United States. Despite decades of effort, a formula to reduce “Not in My Back Yard” (NIMBY) opposition is yet to be...

Environmental Deconfliction 2019: The National Defense Authorization Act for FY 2019

As in prior years, the National Defense Authorization Act for Fiscal Year 2019 contains a variety of provisions setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These include...

The Evolution and Influence of International Environmental Norms

This Comment explores the evolution and influence of international environmental norms. One of the present authors, Prof. Armin Rosencranz, in a 2003 article discussed the origin and emergence of these norms. That article identified 20...

The Changing Nature of Conflict, Peacebuilding, and Environmental Cooperation

With respect to conflict and post-conflict environmental peacebuilding, three key themes characterize the post-Cold War world: (1) a change in how wars are fought and financed; (2) the United Nations’ more frequent and wide-...

Rise of the Shadow ESG Regulators: Investment Advisers, Sustainability Accounting, and Their Effects on Corporate Social Responsibility

Actions that fall under the catchall of “corporate social responsibility” have been viewed with skepticism. In the United States, part of the blame lies with lax laws and regulations surrounding social and environmental disclosure....

Environmental Law. Disrupted.

The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-...

Legal Tools to Reduce Radon’s Risk: An Evaluation of Mandatory Radon-Resistant New Construction in Building Codes

According to the U.S. Environmental Protection Agency (EPA), residential exposure to radon gas represents the second-leading cause of lung cancer among smokers and the leading cause of lung cancer among nonsmokers in the United States....

A New Environmentalism: The Need for a Total Strategy for Environmental Protection

On the first Earth Day in 1970, Sen. Edmund Muskie (D-Me.) called for “a total strategy to protect the total environment.” More than 50 years later, the parameters of a “total strategy” are at last coming into view. Environmental...

Financial Assurance Mandates: No Substitute for Agency Expertise and Oversight

Zachary Arnold’s article on financial assurance mandates (FAMs) highlights an important issue of growing urgency: the exposure of industrial facilities—-many with toxic products or by-products—to risks of flooding exacerbated by sea-...

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