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Nature's Trust: A Legal, Political and Moral Frame for Global Warming

federal political interference with global warming science). The urgent warnings coming from all branches of science are intended to focus society on reaching a decision, now. The global warming crisis ... as if global warming does not exist. Political will grows overnight when citizens demand action. But those Americans who are awake to this crisis are focusing their energy on reducing their own carbon

Reflections on Community Process in the Multi-Layered Communities of a Major Urban Development Project

Many legal, political and informal “community processes” were undertaken to shape the future of the land created by the underground rerouting of Boston’s Central Artery. In order to assess whether ... Pollack* Introduction Over a period of roughly two decades, a number of different legal, political, and informal “community processes” were undertaken to shape the future uses of, and design for parks on

A Framework for Alternative Energy Development: Shifting From Drilling Rigs to Renewables

In the age of $100-a-barrel oil and global warming, the development of sources of alternative energy is a critical component of political and popular discourse. Recently, the Energy Policy Act of ... minimize NIMBY opposition, while taking advantage of the favorable political and regulatory climate regarding renewable energy development.13 In addition to its compelling political and economic incentives

Betting the Rancheria: Environmental Protections as Bargaining Chips Under the Indian Gaming Regulatory Act

. The Department should abandon the guidance memorandum and allow tribes to pursue offreservation gaming in appropriate instances where the proposed development enjoys political support at the local level ... Although lawmakers pointed to the large distance between the reservation and the city of Barstow as the reason for their reluctance, critics of the legislature felt that the political clout of powerful

When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective

their borders. This prompt, however, merely raises the next question: when, or under what political conditions, will states actually do so? Although individual states within the United States provide many ... ) there will be little political will to regulate water quality until water quality problems become obvious to the relevant populace; ( 2 ) agricultural sources of nonpoint source pollution generally

The Public Trust Doctrine and Natural Law: Emanations Within a Penumbra

hand of God “to preserve the existence and dignity of human beings in a free society.”49 This recognition of a “higher law political philosophy” is crucial to understanding the thinking of the Framers.50 ... political philosophy is Thomas Jefferson’s Declaration of Independence, which makes numerous references to man’s unalienable rights as bestowed by the “Creator.” The Declaration of Independence para. 2 (U.S

Assessing the Options for Designing a Mandatory U.S. Greenhouse Gas Reduction Program

models for a domestic program against a set of several criteria, including environmental effectiveness, cost, administrative feasibility, distributional equity, and political acceptability. ... familiarity and political sensitivity regarding program designs that result in overt increases in prices for gasoline and home heating fuels. We review the implications of these two fundamentally different

A Multi-Faceted Approach is Necessary to Protect Endangered Species: A Case Study of the Critically Imperiled North Atlantic Right Whale

ensure their intents are enforced. Science, negotiation, litigation, and lobbying for political solutions are all tools that can be brought to bear to ensure compliance with protective laws. However, there ... , and lobbying for political intervention. The order in which they are presented does not suggest priority. Each serves a purpose and, in combination, their use can lead to increased protection for the

Public Uses and Non-Uses: Sinister Schemes, Improper Motives, and Bad Faith in Eminent Domain Law

problematic, but the subterfuge that condemnors typically use in pursuing such takings. The resulting lack of transparency in governmental action subverts the political process and weakens private property ... the extent that the public opposed the municipality’s condemnation, the political process could address those decisions contrary to public will through referenda, recalls, or other ballot-box measures

Law, Media, & Environmental Policy: A Fundamental Linkage in Sustainable Democratic Governance

sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public interest accountability, they are inevitably forced to play on political ... 1 James Carroll, The Fall of Bob Woodward, Boston Globe, Nov. 21, 2005, at A15. 2 Beginning in the 1970s, an industry-led political initiative to “take America back” from the perceived progressive

Security, threats and hazards in their current general and specific forms: a new theory of security

regions of Europe (France, Belgium, Germany, Sweden, United Kingdom) there are closed communities in which the law of the majority is not valid. Our current socio-political and economic existence is based ... valid. Our current socio-political and economic bezpieczeństwa, edjnak druga dekada 21 wieku existence is based on the traditional understanding stawia przed politycznymi i militarnymi konserwaty- of

Battling the (Algae) Bloom: Watershed Policies and Plans in Wisconsin

utilize an improved watershed policy approach. For decades, such an approach has been stymied by a nebulous watershed concept and legal, political, and financial obstacles. This article provides an in-depth ... provisions. 4 This enduring confusion, combined with regulatory, fina ncial, and political obstacles at both the state and federal levels, have stymied implementation of the approach. In part as a result of

Cooperation and obstacles between EU & GCC

, more subtly, on the political level, as Gulf monarchies are starting to throw around their diplomatic weight to pursue their vested interest in political calm and economic cooperation in the wider Middle ... . Monarchie Zatoki zaczynają podkrteoślatćhrow around their diplomatic weight to swoją wartość dyplomatyczną, aby prowpaudrzsićue their vested interest in political calm and swoje interesy w spokoju politycznył

Watershed Management and Nonpoint Source Pollution: The Massachusetts Approach

quality. However, the legal, social, and political limitations, both exerted on the case law and the CWA generally, will limit the practical further use of the CWA to stop nonpoint source pollution. Thus ... Although these sections have resulted in some nonpoint source reductions, these programs have suffered from underfunding, agency inaction, and institutional and political setbacks.9 Although the primary

Global Environmental Constitutionalism

to climate change from legal, sociological, scientific, and political perspectives. Douglas Kysar, Deputy Dean and Joseph M. Field ’55 Professor of Law at Yale Law School, focused on unequal ... -states and challenged our current assumptions regarding political decision-making models.2 David Wirth, Professor of Law and Director of International Programs at Boston College Law School, surveyed new

EU, Russia, Georgia, Ukraine – analysis and forecast

The European Union as a political and economic union used to be based on the increasing integration. But after the integration processes that took place in 2004 and 2007 the most of EC member states ... . Consequently, in 2009 the EC developed a new program for the Eastern Partnership, as an ENP further eastern dimension. EaP – this is a bilateral and multilateral political initiative that is focused on 6

Some Thoughts on the Merits of Pragmatism as a Guide to Environmental Protection

claims to value, aimed at making life on the planet relatively better than it is.24 Pragmatic ideas regarding ethics are further manifested in the area of social and political thought.25 For John Dewey ... and other pragmatists, social and political institutions exist (or should exist) to provide for the needs of individuals.26 The worth of projects is to be judged by the extent of their conformity to

Why the Christian Right Must Protect the Environment: Theocentricity in the Political Workplace

eocentricity in the Political Workplace , 23 B.C. Envtl. Aff. L. Rev. 781, 1996 1 Thi s Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It ... "narrative" for the burgeoning group of conserva­ tive Christians who seek to apply the doctrines of Christianity to public policy through direct political involvement. For Christians, what is needed is a

Cost-Benefit Analysis, Static Efficiency, and the Goals of Environmental Law

ested in the application of moral philosophy to problems of public law, not only constitutional law but also administrative law and regulation, which have been relatively underexamined by philosophers ... . Note that claims about overall well-being assume the possibility of interpersonal welfare comparisons. I think those are possible, as at least some in the economics and philosophy literatures have

Sustainable Development and the Domination of Nature: Spreading the Seed of the Western Ideology of Nature

. dition and early philosophy, planted the seeds of this dual­ ity--separating man from nature and making man both superior to and dominant over nature. The next part will consider the manner in which ... ideology of separation and domination is simply and completely traceable to only economic and scientific forces that in turn have influenced political goal-setting. Thus, the last portion of this section