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GreenLaw – Latest Articles
From Coal & Oil To Gas
Debates are raging in states underlain by shale gas formations, triggering arguments about the economic, health, and environmental impacts of a seemingly more climate-friendly source of energy. As we move from coal and oil to gas, countless decisions must be made...
From Environmental Law to Sustainable Development Law
During the past twenty years, sustainable development law has come of age, with an increasing number of law firms, public officials, and scholars viewing environmental, land use, real estate, energy, and other related fields of law as an integrated area of policy,...
From Regulation to Contingency Bargaining
The per se taking doctrine of Lucas and the less-than-certain projections of sea level rise hinder the use of land use and environmental regulations in preventing and mitigating development on coastal properties threatened with gradual inundation and sudden storm...
From Top-down Environmental Law To Bottom-up Land Use Strategies
The advent, beginning roughly in 1992, of local environmental law is adding expansive bottom-up land use strategies to top-down environmental law: local strategies that now constitute an accepted area of practice and scholarship.[1] Critics of any attempt to solve the...
The Simple (And Frightening) Climate Math That Not Even Bill McKibben Seems Willing To Do
I watched Bill McKibben's movie about his "Do the Math" Tour last night, and got to watch some of my good friends and personal environmental heroes getting arrested for civil disobedience protests against the Project XL pipeline. McKibben's "Do The Math" campaign...
From One to Many American Dreams
In 1992, families with children predominated, creating a market for single-family, single-lot homes in suburban greenfields—the American Dream; 2013 sees a different market emerging of younger and smaller households, most of whom seek rental apartments or smaller...
The Animal Law Circus
David Cassuto (x-post from Animal Blawg) There’s a story about a Canadian farmer who won a $100 million tax-free, lump sum payment in the Canadian lottery. When asked what he would do with the money, he replied “I guess I’ll just keep farming until the money’s gone.”...
Ag-Gag Laws — Where the Victimizers Become Victims
David Cassuto (x-posted at Animal Blawg) Agricultural animals are not covered by the federal Animal Welfare Act. Many states also exclude them from their anti-cruelty laws. As a result, they have virtually no legal protections at all and spend their short lives in...
From Rushing to the Shore to Retreating from the Sea
While New York and New Jersey recover physically from Tropical Storm Sandy, law professors and practitioners are examining the adequacy of the legal system to respond to worsening storms associated with climate change. Legal Issues in Managed Coastal Retreat was the...
What this week’s SCOTUS Arguments on Same Sex Marriage Have to do with Climate Change Law
No, this is not an early April-fools blog caption, though I realize it sounds like a bit of academic self parody. This week's arguments in the constitutional challenges to the Defense of Marriage Act (banning federal recognition of state-recognized same-sex marriages)...