All Articles tagged environmental

• General
  May 21, 2023 EDT
  “THE TIMOROUS MAY STAY AT HOME”: JUDGE CARDOZO’S PROPHECY IN CONTEMPORARY UNITED STATES SUPREME COURT JURISPRUDENCE
  Benjamin Pomerance

  This Article discusses today’s political and judicial rhetoric focusing on the question of whether the U.S. should be a place where laws command that the timorous may stay at home.

• State Constitutional Commentary
  October 12, 2018 EDT
  AN INVESTIGATION INTO THE POTENTIAL IMPACT OF CARVE-OUTS FOR RANCHING AND FARMING PROTECTIONS THROUGH STATE CONSTITUTIONAL AMENDMENTS
  Michele H. Inman

  This note investigates the following question: Is it reasonable to create additional rights for ranchers and farmers through state constitutional amendments?

• General
  April 15, 2018 EDT
  MEGA-TRADE AGREEMENTS: COULD THEY BECOME THE FOREMOST VEHICLE TO UNIFY GLOBAL AND REGIONAL ENVIRONMENTAL LAW?
  Maxwell C. Radley

  This note discusses how mega-trade agreements present an opportunity to create binding international environmental law and discusses the evolution of environmental protection provisions in trade deals over time.

• General
  May 13, 2014 EDT
  HYDROFRACKING AND HOME RULE: DEFENDING AND DEFINING AN ANTI-PREEMPTION CANON OF STATUTORY CONSTRUCTION IN NEW YORK
  Roderick M. Hills Jr.

  The regulation of hydraulic fracturing provides an ideal case study of whether municipal home rule can mitigate the costs of deep political disagreement.

• General
  May 13, 2014 EDT
  GAS TRANSMISSION FACILITIES: THE LIMITS ON HOME RULE
  Konstantin Podolny

  This article argues that both the Dryden and Middlefield zoning laws are excessively broad.

• New York Appeals
  March 03, 2013 EDT
  THE CONTEXTUAL REZONING OF SUNSET PARK, BROOKLYN, AND THE DECISION IN CHINESE STAFF & WORKERS’ ASSSOCIATION V. BURDEN: THE BASIC PRINCIPLES GOVERNING LIMITED JUDICIAL REVIEW OF ENVIRONMENTAL CHALLENGES IN NEW YORK ENDURE
  Elizabeth S. Natrella

  This article examines two New York State Court of Appeals cases: Chinese Staff & Workers Association v. City of New York and Chinese Staff & Workers’ Association v. Burden.

• New York Appeals
  March 03, 2012 EDT
  LIGHTING THE WAY: THE LIGHTHOUSE DECISION AND JUDICIAL REVIEW OF AGENCY ACTION
  Daniel Riesel

  The Court of Appeals decision Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation marked a limit on judicial deference to agency action.

• General
  January 01, 2012 EDT
  CORPORATE SOCIAL RESPONSIBILITY, GLOBALIZATION, THE MULTINATIONAL CORPORATION, AND LABOR: AN UNLIKELY ALLIANCE
  Alexandra R. Harrington

  This article discusses the intersection between globalization, the more legally robust corporate social responsibility regimes that are being developed, and the future of labor regulation.

• General
  January 01, 2011 EDT
  CRISIS IN THE GULF OF MEXICO: IS NEW FEDERAL LEGISLATION THE ANSWER AND IF SO, TO WHAT QUESTION?
  Aaron Gershonowitz

  This essay discusses how the Deepwater Horizon incident raises significant questions about whether the existing compensation scheme creates the appropriate safety incentives.

• General
  January 01, 2011 EDT
  DISASTERS AND ECOSYSTEM SERVICES DEPRIVATION: FROM CUYAHOGA TO THE DEEPWATER HORIZON
  Keith H. Hirokawa

  This essay considers the relationship between environmental disasters and the process of valuing ecosystem services.

• General
  January 01, 2011 EDT
  ANALYSIS OF ENVIRONMENTAL AND ECONOMIC DAMAGES FROM BRITISH PETROLEUM’S DEEPWATER HORIZON OIL SPILL
  Lawrence C. Smith Jr.L. Murphy SmithPaul A. Ashcroft

  This study examines the environmental and economic damages caused by British Petroleum’s Deepwater Horizon oil spill in the spring and summer of 2010.

• State Constitutional Commentary
  August 08, 2010 EDT
  GOOD ENOUGH FOR GOVERNMENT WORK: THE INTERPRETATION OF POSITIVE CONSTITUTIONAL RIGHTS IN STATE CONSTITUTIONS
  Jeffrey Omar Usman

  This article focuses upon a species of state constitutional rights to which there are no federal counterparts, positive constitutional rights, and the interpretation thereof by state courts.

• State Constitutional Commentary
  May 05, 2007 EDT
  WASHINGTON STATE’S INITIATIVE 937 AND THE ENVIRONMENT: THE EMERGING IMPACT OF GRASSROOTS MOVEMENTS ON NATIONAL POLICY
  Paul D. Trumble

  This commentry follows Washington State's Initative 937 as a grassroots movement that brought a pressing national concern to the political forefront.