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The 1982 Convention on the Law of the Sea, the overarching governance framework for the world's oceans, has been signed and ratified by 156 countries and the European Community, but not by the United States. Washington treats most of the convention and the 1994 agreement on its implementation as customary international law, but it remains among only a handful of countries, including Libya and North Korea, that have yet to formally accede to the convention.

The balance of power is now shifting in Washington, making prospects for U.S. Senate consent to the convention in 2009 more likely than ever. Written by a leading expert on ocean governance, this report offers a fresh appraisal of the convention's merits and pitfalls in light of the current geopolitical seascape and examines whether it is in U.S. strategic interests to now officially join the convention.

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Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether this be through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.

Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. The book covers:

- introduction to ecological refugees
- existing refugee legislation and state responsibility
- who is vulnerable and why
- what legal protection can be employed
- what needs to change in the future

With extensive case law examples and analysis, this is a compelling and proactive treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees. ... Read more

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This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration. ... Read more

Customer Reviews (2)

Good synopsis
Very good overview-level synopsis of the legal landscape as it shapes regulation of greenhouse gases in the U.S.Unfortunately, it was published just before the 2007 Massachusetts decision, so it does not address these implications directly.

Global warming hype meets environmental ambulance chasers
The premises of this volume rest upon the intellectual and scientific quicksand which underlies the entire phenomenon of "global warming" hysteria. Like the vast majority of those who have jumped onto the "global warming" bandwagon, the editor and contributors to this volume bring no scientific expertise to the project, being content to blindly accept the extreme hypotheses of some scientists on the federal grant gravy train and run with them. But this will make little difference to those lawyers who are looking for new avenues in which to peddle their "services," just as they sign up for the latest specialized conferences on Vioxx litigation and the like. Cap and trade, however, will provide a virtual goldmine to litigation-happy lawyers for years to come as it drives a stake into the heart of the American economy. It will, in its dire effects, constitute the most far-reaching, and totally unecessary, case of economic masochism in American history.

Nevertheless, it's astounding what a negligible increase of 0.8 degrees Celsius in the world's temperature over the past 150 years, coming at the end of the Little Ice Age, will do to fuel the collective, and collectivist, mindset among the nations and citizens of the world.These temperatures have variously risen and fallen for eons. Indeed, some of the most highly qualified climate scientists have painstakingly documented the existence of a 1,500-year climate cycle over the entire globe. In a monumental 1983 study of mile deep Greenland ice core samples by Denmark's Willi Dansgaard and Switzerland's Hans Oeschger (results confirmed a few years later on Antarctica, and by scores of proxy studies) revealed a 250,000-year world climate history which reflected the moderate climate cycles of the sun.What characterizes the present era, however, is a lot of bad science anxious to tap unlimited sources of government funding for climate research, a gullible media, quasi-religious environmental organizations, and the nefarious influence of politics upon the scientific enterprise. The fruits of that "research" include Michael Mann's now thoroughly debunked "hockey stick" representation of the most recent 1,000 years of climate history, which, nevertheless, became a prominent feature of Al Gore's global warming sideshow, and which finds naïve acceptance by the editor of this volume (see Figure 1-1). The "presentist" mindset, which interprets the current climate experience as a unique and threatening phenomenon, reveals a sorry lack of historical perspective. Most significantly, the carefully documented climate record reveals that temperatures were 2-4 degrees higher in the medieval warm period (900-1300 A.D.) than they are today, when CO2 levels are higher, and that CO2 levels are actually an 800-year lagging indicator of global warming, not a causal factor.Many of the scientists who contributed to the 1996 Intergovernmental Panel on Climate Change (IPCC) documented these findings, concluding that no such "human fingerprint" had been found in the recent global warming, but their statements were shockingly removed from Chapter 8 of the IPCC's 1996 report by U.N. bureaucrats and U.S. politicians in the Clinton administration anxious to manufacture "consensus" regarding anthropogenic global warming.This is the context in which books like the Global Climate Change and U.S. Law are produced.Regardless of the flawed presentation of the science presented in this volume, however, lawyers stand to make a good living off the complex legal and regulatory schemes detailed in this book, including the implementation of an elaborate system of emission cap and trade programs, as well as the more benign efforts to conserve energy, and develop renewable energy sources.

Building upon this flawed scientific analysis, Part I of this volume describes the national and international framework of climate change regulation, the impact of the Kyoto Protocol on U.S. business, clean air regulation, civil remedies, climate change in facility permitting, and international trade and development. Part II describes the emerging regional, state and local actions, together with a 50-state survey of state responses to climate change. Part III examines a variety of corporate actions, including disclosure issues, fiduciary duties, insurance and climate change, and subsidies, tax policy and technological innovations. Part IV examines the legal aspects of efforts to reduce greenhouse gases, such as voluntary efforts, emissions trading, and carbon sequestration. It also includes a list of important resources, a glossary of climate-related terms, a list of acronyms; endnotes, and index. Twenty-four authors contributed to this volume under the editorship of Michael Garrard, a partner in the New York office of Arnold & Porter LLP, where he heads its environmental practice group. The views of the individual authors stand alone, irrespective of the views of the other contributors.

For more authoritative and balanced views of the science of global climate, see Fred Singer and Dennis Avery's Unstoppable Global Warming: Every 1,500 Years (Rowman & Littlefield, 2007); Lawrence Solomon's "The Deniers" (Richard Vigilante Books, 2008);" Iain Murray's "The Really Inconvenient Truths" (Regnery, 2008); Roy Spencer's "Climate Confusion" (Encounter Books, 2008); and Henrik Svensmark and Nigel Calder's The Chilling Stars: A New Theory of Climate Change (Icon Books, 2007), which argues that the interplay of clouds, the sun, and cosmic rays has a far more profound effect of climate than carbon dioxide.Readers are also directed to Willie Soon and Sallie Baliunas' metanalysis of studies related to the existence of the climate cycle, the Medieval Warming Period, and Little Ice Age (see "Reconstructing Climatic and EnvironmentalChanges of the Past 1000 Years: A Reappraisal," Energy and Environment 14, no. 2/3 (March 2003), 233-296.They discovered 112 studies about the Medieval Warming Period, 92% of which showed evidence of warming, 124 studies from around the world addressing the existence of the Little Ice Age, 98% of these confirming the era's cooling.Finally, they examined 102 studies containing information on the question of whether the 20th century was the warmest on record, 78% of which found earlier periods lasting at least 50 years that were warmer than any period in the 20th century.

Ironically, despite all the hoopla about "global warming" or, as it isincreasingly called as temperatures have fallen, "climate change," global mean temperatures are now at roughly their 3,000-year average.

The EPA, led by Lisa Jackson and its socialist "global warming" czarina Carol Browner,has now declared carbon dioxide to be a "pollutant."This is surely the most scientifically unfounded decision and the most damaging to our economy and freedom in the history of that agency. And, if implemented, it will rank with the banning of DDT as the most deadly action every perpertated by the U.S. government on the world's poor.But that won't stand in the way of thousands of lawyers trying to make a buck off their, and our, misery.

**Since this review was written, the so-called "Climategate" scandal has implicated the Hadley Centre's Climatic Research Unit at the University of East Anglia in the UK, a leading source for the U.N.'s climate data, in an orchestrated effort to fudge climate data and impugn the integrity and publication efforts of those who fail to toe the alarmist line.Among those exposed by more than a thousand e-mails were the Center's director Phil Jones, and Michael Mann, author of the infamoushockey stick graph.As a result of the fallout, many scientists have admitted a much higher degree of uncertainty in the climate record than previously acknowledged.Thus, this review, which was written before the scandal erupted, has been largelyvindicated by subsequent events; and public concern for the alleged threat of "global warming" or "climate change", has declined significantly. ... Read more

Product Description
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable.The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage. ... Read more

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A longtime favorite series among professors and students alike, Examples & Explanations is now available as a Bonus Pack.It's the best of both worlds — a print copy of Examples &Explanations: Environmental Law, 5th Ed. for your desk reference andan eBook version on your laptop to take with you wherever you go. Thisspecial Bonus Pack includes download access to the one-of-a-kind AspenLaw Studydesk software AND this book in digital eBook format.

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After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format ... Read more

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Customer Reviews (1)

Environment's Review
Law's Environment: How the Law Shapes the Places We Live
by John Copeland Nagle.
John N. Matthews Professor, University of Notre Dame Law School.



John Nagle's book, Law's Environment, is the result of his in depth study of five cases concerning U.S. environmental problems and their regulation. These locations are widely distributed within the U.S. and rife with myriad causes, mistakes, corrections and mismanagement. We read how too many agencies, political maneuvering, change on top of change, overlapping laws and regulations in the past and now, continue to impede effective, desirable management for a better and sustainableenvironment.

The five locations are: Adak, Alaska; Colton, California; The Badlands of North Dakota; The Susquehanna River; Alamogordo, New Mexico.

The reader learns that the confluences of every governing body whether federal, state, county, or township, as well as landowners, uninformed, indifferent, or generally contentious citizens, businesses and a multiplicity of interested organizations make reasonable management impossible.This haphazard and inept system is the worst possible for habitat regulation short of doing nothing-which is cheaper though unconscionable.The agencies involved, if listed in full, would fill a small book

Our population is relentlessly expanding, our open land is shrinking, and wildlife is often fatally stressed.The result has been the ruin of too many once healthy environments.Blame can be broadly applied, and that list could also fill a rather fat book. America's roll call of toxic, ruined, or endangered areas is much longer than Nagle's five.In some cases, ongoing efforts to rectify previous errors in an area have taken more than ten years, with no real end in sight. Many are near our largest waters, and Nagle's chapter about the Susquehanna is a small example.

Too many people ignore the idea expressed in: "...for the common good." Too many tend to think only of personal gains.Even with a smattering of knowledge one realizes that earth's climate has previously experienced extreme changes and we are not immune to similar happenings which may be precipitated by the continuing contamination of our world. It seems expedient for some, who wish not to be bothered, to claim there can be no climate change. Others rely on NIMBY as their final and complete action.

It should be said that after reading Nagle's clear review of our growing hazards, that we should not allow this problem to become politicized.Everyone has a stake in preventing environmental deterioration and in recovering a safe, whole, environment.

Within the life time of the older population, it was believed that industrial poisoning occurred in specific locations, but believed that away from those locations, one found clean water and air, uncontaminated foods and earth.To return, even to that, would be a spectacular achievement.




This book is rather dense because our environmental problems and innumerable solutions are dense.Nagle's concluding chapter is an important review of critical points including a restatement of his three themes: "....the elusive nature of values;" "....the changing nature of the law;" that "...the law operates much differently from what is suggested by the stories told in the judicial decisions that are our most familiar accounts of the operation of environmental law."

Nagle's core purpose is given in his last paragraph: "I am not suggesting that these five stories reveal all that one needs to know about environmental law. Rather, I hope that they and their tentative lessons will encourage us to learn more about the actual effects of environmental law and other laws upon the environment.'

There are pages of references that support his findings, and for readers' research for further information.

This book should be read reflectively with time to review and understand that other such situations may be nearby.


Carolyn P. Handy
reviewer



... Read more

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The Law of International Watercourses examines the rules of international law governing the use of international rivers, lakes and groundwater shared by two or more countries. This new edition updates the entire book and adds a new chapter on the law of navigation on international waterways. ... Read more

Customer Reviews (1)

Good
Got the book on time and received a partial refund because the company let me know there was a little more damage than was advertised, however when I got the book I thought it was fine and didn't have any more damages to it than was stated in the ad. Good experience. ... Read more

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Environmental Law Deal Strategies is an authoritative, insider s perspective on best practices for doing deals that may have environmental implications. Featuring partners and chairs from some of the nation s leading law firms, these experts guide the reader through the environmental lawyer s role within a deal context, including identifying potential liabilities, structuring the deal to minimize those liabilities, and negotiating the environmental terms of a transaction. These top lawyers give tips on conducting due diligence in a way that corresponds to a client s goals and risk tolerance as well as addresses the nature and complexity of the transaction. From taking into consideration applicable federal and state regulations to determining how to best allocate risk, these authors also explain important factors in preparing for negotiations and avoiding negative financial ramifications once the deal is closed. The different niches presented and the breadth of perspectives represented enable readers to get inside some of the great legal minds of today, as these experiencedlawyers offer up their thoughts around the keys to navigating a complex and ever-changing area of law.Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world s most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book. ... Read more

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Understanding Environmental Administration and Law provides an engaging, introductory overview of environmental policy.Author Susan J. Buck explores the process through which policy is made, the political environment in which it is applied, and the statutory and case laws that are critical to working within the regulatory system.

This revised and expanded third edition adds case studies that help bring the subject to life and includes new material on



* the Bush Administration and its approach to administering environmental laws

* the continuing evolution of environmentalism and the changing role of environmental regulation in the United States

* the development and implementation of environmental agreements at the international level

*the impacts and implications of globalization



Understanding Environmental Administration and Law provides a framework for understanding the legal and political context of environmental protection and familiarizes readers with the federal environmental regulatory structure. With a focus on understanding the law as a managerial tool, the book is an essential resource for anyone involved with environmental issues, from students to citizen activists to managers at the federal, state, and local level. ... Read more

Customer Reviews (1)

elementary overview
This book's intended audience is those without a prior legal background. It is a pretty good overview of how law and politics work together to create the current state of environmental regulation in the United States. The annotated bibliography for each chapter lists some of the better books in each subject area. My biggest criticism is that the author presents every case as a fact pattern/puzzle to be discussed and doesn't provide the outcome or even any relevant legal doctrines. For those with a legal background they could probably look up the case online to find how it turned out, but the intended audience of the book is clearly those without such a background who are probably less likely to want to find the case or to know how to. For a better and more thorough introduction to US environmental law/policy I recommend James Salzman's Environmental Law and Policy, which is accessible and interesting to both lawyers and non-lawyers. ... Read more

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There is no time more exciting than the present to bestudying environmental law. The earth and the creatures that inhabitit are in great jeopardy, as life support systems across the planetare being assailed from all directions. However, there is no shortageof environmental law. A consequence of the law explosion is thatanything approaching adequate coverage in a text or a course becomesless plausible with each passing day.However, a student who acquiresa working knowledge of the leading U.S. laws (CAA, CWA, FIFRA, TSCA,RCRA, CERCLA, NEPA, ESA) will be prepared for what the futurebrings. This treatise covers those topics providing a comprehensiveunderstanding of the field, enhance law student performance on examsand also provide a useful guide for attorneys practicing in this area. ... Read more

Customer Reviews (1)

Horrible
I thouroughly enjoyed other Sum and Substances CDs, such as Torts, Civ Pro, Con Law and etc., but this one was a complete waste of my time and money. The professor does not go deep enough into the issues to be useful at all and only covers the obvious. I would not recommend these CDs. ... Read more

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This is the only comprehensive text on the increasingly important subject of environmental risk and insurance. The author presents many risk and insurance issues from acid rain and global warming to toxic tort law developments and the crisis with workers' compensation insurance and pollution liability coverage. This volume is the product of nearly eight years of research, which included reviewing over 250,000 pages of laws, documents, reports, and notes, as well as countless hours of investigations, interviews, and research.Basic and advanced environmental liability and insurance principles are covered, along with suggestions for financing pollution cleanups and safety programs. A new method for restructuring and improving Superfund is presented after an in-depth discussion of pertinent legal and financial issues. The book also provides local, national, and international case histories demonstrating the kinds of difficulties encountered by businesses and citizens and the solutions they have sought. All of this information, combined with the valuable charts, appendices, specimens, contracts, sample insurance policies, model letters, and certificates, makes Environmental Risk and Insurance an unmatched reference source for businesses, institutions, and government agencies caught up in the midst of analyzing their environmental risk exposures. ... Read more

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The new edition of this award-winning volume reflects the latest events in the climate crisis while providing balanced coverage of the key institutions, issues, laws, and policies in global environmental politics. Chapter authors provide crucial historical context while synthesizing the latest scholarship for a student audience. In addition to three entirely new chapters, all of the essays are written specifically for this volume updated with new case material, examples, and interpretations.

Customer Reviews (2)

Awesome Book
Full of great facts and life changing statements.Make you think critically about our world's worst problems, and why we can't seem to fix them.

strong, fun book
I purchased this book because I read a anohter book by one of the authors.I was very impressed and recommend it to everyone. ... Read more

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After your casebook, "Casenotes" will be your most important reference source for the entire semester.It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. ... Read more

Customer Reviews (1)

Follows the textbook exactly, useful, save time
Without admitting too much about my studying style, this book was great for having quick briefs for each case.Some people stress the importance of briefing your own cases, but by the time I was a 3L, I realized it wasn't working for me.This helped me learn the subject better, as well as saved my butt a couple of times where I did not have time the night before to read.

If you are the type of person who learns from briefing, this is not the book for you since it skips past that step.But if you need a leg up or a clearer understanding of the casebook, this is the book for you. ... Read more

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Ocean and Coastal Law and Policy addresses the reasons for this decline and explains the laws protecting the marine environment in a clear and concise manner. The authors have real-world experience with their topics, and discuss how the law works in practice rather than merely in theory. This is an excellent resource for the practitioner, government official, or scholar in their efforts to transition to an ecosystem-based management approach. ... Read more

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This path-breaking book focuses on the law and legal doctrine within the wider policy context of water resources and analyses the concept of sustainability.

To achieve the sustainable use and development of water resources is a daunting challenge for both global and local communities. It requires commitments from all groups within international, national and local communities from their own particular, possibly conflicting, perspectives. Without a set of coherent legal arrangements designed to ensure effective governance of water resources, their sustainable use and development is unlikely to be achieved.

Douglas Fisher considers how legal arrangements for managing water resources have evolved across the continents over hundreds of years. He explores their relevance for contemporary society; how the norms of current international and national legal regimes are responding; and, most importantly, how legal rights and duties should be structured so as to achieve sustainability in the future.

This detailed textual and linguistic analysis of legal doctrines and instruments in relation to water resources will be invaluable for international and national water resources policy analysts, water resource managers and water resource lawyers. Students of water resource management, sustainable development and sustainability will also find this book of great interest to them. ... Read more

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Since the beginnings of the oil industry, production activity has been governed by the "law of capture," dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This "finders keepers" principle has been excoriated by foreign critics as a "law of the jungle" and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from U.S. production methods in the first half of the 20th century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results.

In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere. ... Read more

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This statutory supplement lists the most significant U.S. statutes and international agreements affecting Environmental Law. ... Read more