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Environmental Justice Research Proposal

… " (U.S. Library of Congress, Country Studies -- Russia, nd) It is reported that of major concern is the shortage in drinking water in Russia since 75% of the surface water in Russia is polluted with 50% of all water in Russia reported as "not potable according to quality standards" in addition to 30% of available groundwater being highly polluted. (U.S. Library of Congress, Country Studies -- Russia, nd, paraphrased) In addition, it is reported that approximately 7.4 million hectares of agricultural land are contaminated due to industrial toxic agents, pesticides, and agricultural chemicals. (U.S. Library of Congress, Country Studies -- Russia, nd, paraphrased) The indigenous minorities of Arctic Russia are the Dolgan, Nganasan, Nenets, Saami, Khanty, Chukchi, Evenk, Even, Enets, Eskimo, and Yakagir. There…. [read more]


Environmental Laws vs. Economic Research Paper

… ..caution against implementing policy that may do more harm than good." (Freedom 21 Coalition, 2007) Additionally stated in the response to the UN initiative is "Sustainable development as outlined in the United Nations compromises people's most basic human rights in furtherance of a narrow political agenda. In doing so, it is highly probable that such governance will cause deterioration in the condition of both mankind and the environment." (Freedom 21 Coalition, 2007) Environmental legislation has been introduced to recognize environmental problems and to respond to local problems associated with pollution resulting in regulations that cast a heavy burden on organizations and which are costly including clean air acts, clean water acts and legislation that established regulatory agencies charged with controlling pollution and management of waste.…. [read more]


U.S. Military and Environmental Law Research Paper

… 3). Actually, "pollution from aircraft is currently less than 3% of the total environmental pollution" ("online guide," 2006). The Pentagon has been accused of creating five times more toxins that produced by the five major chemical companies in the U.S. ("sustainable development," 2002, p.3). The U.S. Military has been described s the largest single source of environmental pollution in the United States. In the decade following the publication of these statements, climate change has become a prominent issue with the potential to impact military operations. The armed forces have all released energy and environmental statements, established Websites, and participated in summits focused on the environment. Yet, as recently as 2008, as the Readiness and Range Preservation Initiative FY 2008 Defense Authorization proposal was released, the…. [read more]


International Environmental Laws on Oil/Gas Essay

… Combining solar energy and carbon dioxide can be developed by artificial photosynthesis; this will produce hydrocarbons, which can be burnt.

Waterborne oil spillage should be identified through forensic evidence of samples with those of suspected sources. This will enable the potential responsible firm and party to be prosecuted and charged for the pollution. The forensic methodology involves sampling, analyzing and interpretation of results in order to identify with the rightful party. Legal entities should be set up to conduct such forensic evidence, and international oil regulations should be set in order to set jurisdictions on illegal oil spillage to the marine environment (Wang & Stout, 2007, p 230). Charging the responsible firms depending on the amount of oil spilled to the marine environment also reduces…. [read more]


European and International Environmental Laws Essay

… RCRA, like CERCLA, has provisions to require cleanup of contaminated sites that occurred in the past.

The E.U. Strategy

According to a paper prepared for the conference on European Management of Globalization (Feb.23, 2007 at Princeton University) by R. Daniel Kelemen of Rutgers University, called, Globalizing EU Environmental Regulation, globalization has generated two main threats to environmental policy in Europe.

Firstly, there is the so-called race-to-the-bottom pressure. EU member states have among the world's toughest environmental standards, and those rules impose costs on European firms that their competitors in non-EU jurisdictions do not encounter. Ibid.

Thus, the further liberalization of trade between EU member states and environmental laggards around the world, it is argued, will generate a regulatory 'race-to-the-bottom', coercing EU member states to devolve…. [read more]


Environmental Crime Tort Laws Are Designed Essay

… Environmental Crime

Tort laws are designed to protect individuals, groups or organizations against undue harm as a result of malice, negligence of willful recklessness. The key characteristics of tort concern the nature of the relationship between plaintiff and defendant, the degree of injury definable in the plaintiff and the liability of the defendant in the provocation or affliction of this injury. Usually, among the rudimentary factors in determining whether or not a party has some responsibility to those individuals negatively affected by some practice or incident at the behest of said party is that of a non-contractual association, with regards to negligence resulting from a more unintended or incidental relationship. So in determining whether or not a plaintiff is entitled to claims of a litigious…. [read more]


Environmental Conservation Policy Research Paper

… Environmental Conservation Policy

Federal vs. State Policy

The first definition is whether the policy is 'Federal' or 'State'.

Federal policy acts across all 50 states and the District of Columbia. Federal policy acts as a national policy and is formulated by the House of Representatives and the Senate, and generally takes longer to form the policy. Examples of Federal policy are 'The Clean Water Act'

(CWA) and 'The Clean Air Act'

(CAA).

The CWA is the cornerstone of surface water quality protection in the U.S.A. It was passed in 1972 and is currently the law of the land. It should be noted that the law doesn't deal with groundwater (from wells or aquifers) nor does it deal with water quantity issues as faced by San…. [read more]


Environmental Science Case Study

… Also, the defendants claimed that they only dumped tiny amounts of TCE and PCE. As with many other civil suits filed against companies accused of causing cancer clusters, the defendants were severely hampered by the nearly impossible task of proving a direct link from a contaminate and cancer. As Atul Gawande pointed out in his 1999 article "The Cancer-Cluster Myth" most cancers, like leukemia, are common enough so that it is difficult to prove without a shadow of a doubt that one specific environmental hazard could be the cause.

While lawyers like Schlichtmann are glorified in the movies, (a book about this case was made into a movie with actor John Travolta playing in the staring role) in reality American laws and legal proceedings make…. [read more]


Environmental Law Research Paper

… ESA

Environmental law

Environmental law: The Endangered Species Act

The Endangered Species Act was passed in 1973 and was designed to help species in danger of becoming extinct as a result of "economic growth and development untempered by adequate concern and conservation" (ESA, 1973, Cornell). The Act only protects endangered and threatened species, not all wildlife. Endangerment is when a species is "in danger of extinction throughout all or a significant portion of its range" while "threatened" means "a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened" (ESA, 2013, FWS). One or more of the following five criteria must be met for a species to be…. [read more]


Environmental Justice Term Paper

… S. EPA "cannot lawfully issue a policy" extending Title VI civil rights law to pollution without congressional action. Under current law, continues the California letter, neither state nor federal agencies have the authority to "to deny permits based on the racial makeup of the area surrounding the facility." Furthermore, the "California Supreme Court has determined that hazardous waste laws do not preempt local land use authority." (Payne, 1998)

California EPA concludes that, without congressional action, the administration's unilateral re-interpretation of Title VI law would give the EPA "unfettered discretion to apply statistical data in any way it chooses, create risk assessments without peer reviewed standards, determine that all discharges create measurable disparate impacts by their very existence and treat people differently based on racial or…. [read more]


Multilateral Environmental Agreements and Global Trade Research Paper

… Multilateral Environmental Agreements

Multi-Lateral Environmental Agreements

Over the last several decades, the issue of environmental protection has been increasingly brought to the forefront. This is because of concerns about: how this will affect the farmers' ability to produce agricultural-based products and the extraction of natural resources. These factors will have an effect on how quickly a particular nation can deliver products to various markets around the world. As a result, there has been an emphasis on free trade. While at the same time, many countries are ignoring numerous Multilateral Environmental Agreements (MEAs). This is problematic, as these kinds of challenges have only made the underlying situation worse. To understand the future of EMAs and potential issues requires finding more effective systems for strengthening environmental governance.…. [read more]


Environmental Assessing Canada Term Paper

… An EIA would obviously demonstrate that the Haida Nation and the environment would suffer greatly if the government would allow other organizations to intervene and deforest areas believed to belong to Aboriginals.

4. Post decision follow-ups are an important phase of EIA projects, taking into account that "while weak and non-existent legal requirements and institutional support mechanisms may in part be contributing to the current state of practice, a number of substantive and procedural elements are also required to facilitate effective post-decision EIA follow-up programs" (166-167). It is essential for the EIA to be performed with great care, so as for follow-up and monitoring objectives to be clear from the very first steps of the process. Monitoring data for the biophysical environment is essential, as…. [read more]


Sustainable Development All International Law Deals Thesis

… Sustainable Development

All international law deals with relations between two or more different nations. There are two main components of international law -- the laws of nations and agreements between nations. Laws of nations are comprised of those laws accepted by virtually all world nations. These include the Geneva Convention, laws banning slavery and honoring international boundaries. Agreements between nations are specific agreements between defined nations. These agreements are only expected to be upheld by those nations, not by all nations.

At present, international law pertaining to the environment typically comprises the latter category, where nations specifically agree to enact protections for certain components of the environment. Most laws of nations deal with the definition of the national entity or issues regarding human rights. The…. [read more]


Environmental Term Paper

… The court disagreed with the site qualifying under Section 404(a)'s definition of 'navigable waters' because of being a habitat for the migratory birds. The courts disagreement was based on the consideration that it would assume the statute did not have any independent significance. The court explained that, in the aggregate, the substantial effects on the interstate commerce were not clear because the petitioner's, SWANCC's, landfill was clearly of commercial nature and clearly not connected to 'navigable waters' and 'waters of the United States' that the statute extends the terms to. The court rejected the request for Administrative deference based on the state and federal balance where Congress extended rights and responsibilities to the States. The aggregate balance of the economic loss of natural resources and…. [read more]


Australian Administrative Law Seeking Reasons Essay

… Additional Information

The agency should provide my client with the video clips of the conference proceedings of the meetings conducted by the convergence review committee and the Finkelstein inquiry team. The recommendations by the Convergence Review's final report is seen as a compromise between competing proposals to provide a new print media regulatory framework. It is understood the report rejects the recommendation of the Finkelstein inquiry into the print media that a government-funded News Media Council be established to oversee news and commentary in print and associated online outlets. This information may be used by client during court proceedings in arguing their case against the proposed stringent regulations by the Australian Press Council.

References

Industrial Equity Ltd. v DCT (NSW) (1989) 90 ALR 603

Australian…. [read more]


Company Law the Functions Essay

… These questions can effectively be solved by the application of 3 basic propositions;

1. A corporation or company does not assume the title of a 'legal persons' and this means that the company does not exists in common law until such a time and unless it has been incorporated (registered)

2. It is legally impossible for a non-existent legal person to have legal rights as well as obligations. Therefore, the company cannot enter into contract or even incur debts

3. An individual can never be an 'agent' of a principle who is non-existent.

The Corporation Act and the pre-registration contracts

The Corporation Act is noted to deal with pre-registration contracts in Pt 2B.3.Even though s 133 notes that part 2B.3 replaces any form of rights…. [read more]


Environmental Law Term Paper

… Nissan v. Maryland Shipbuilding

In the last several decades as industry has increased throughout the United States, there have been several court cases regarding industrial chemicals, their use, and the liability of those using potentially hazardous materials. From personal property cases to cases between industries, the court systems have struggled to determine criteria for negligence, trespassing, liability, and other aspects of potentially harmful materials in the air, water, and soil. With no specific federal criteria for such suits, and only common law to interpret in such cases, these issues can be solely up to interpretation of the law. With additional concerns about jurisdiction in cases of maritime commerce, such suits can be difficult to judge, at best.

This paper discusses the case of Nissan Motor…. [read more]


International Environmental Thesis

… International Environmental Law

International law takes multiple different formats. One format is law as determined by the United Nations. Such laws cover all member states, although there are limited enforcement mechanisms. The UN currently has half a dozen bodies that are responsible for the development and codification of international law (United Nations, 2008). These laws have at various times governed environmental issues. For example, the United Nations Environmental Programme (UNEP) set up the Convention on Biological Diversity, which among other tasks protects endangered species (CBD, 2009).

Other forms of international law are treaties and multinational agreements. These are agreements negotiated between different countries. The countries involved are then bound by the terms of these treaties. Enforcement mechanisms for these treaties and multilateral agreements are embedded…. [read more]


Blm - Bureau of Land Case Study

… O. No. 13,175. The interlocutors, in my opinion, failed in their responsibility to find a better and more amicable solution, which would have prevented the courts from having a dilemma on the judgment.

2) It is a travesty of life that, these lands, which originally, belonged to the Indian tribes, are now categorized as the property of the Federal Government. Moreover, "meaningful consultation," which was a term connoted by the past presidents of the U.S.A. actually meant serious discussion, especially with regard to extractive industries like mining, but that seemed to have had little effect on the outcome. It is a pity that the actual forefathers of the land are given no part in decision-making and are treated badly to boot. I also consider it…. [read more]


Environmental Science Environmental Fundamentals Essay

… As well as changing driving habits, the world must also change the way it eats. Historically, the more affluent a society becomes, the more meat it consumes. Today, "an estimated 30% of the earth's ice-free land is directly or indirectly involved in livestock production...livestock production generates nearly a fifth of the world's greenhouse gases - more than transportation" (Bittman 2008). Although the consumption of meat in the developed world has remained constant, in the developing world it is increasing, creating more demand for resource-draining factory farming. Per capita meat consumption has doubled since 1961 (Bittman 2009). The world will have to change the way it eats as well as the way it drives and views progress to reverse the environmental degradation caused by global warming.…. [read more]


Law Versus Justice Term Paper

… Law vs. Justice

Justice is defined (Dictionary.com 2005) as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward. Law, on the other hand, is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. Justice is an abstract and subjective concept, individualized by experience and circumstances (Harvard Business School 2005), and reflects differing values within a society. The concept of justice is based on a person's viewpoint, prejudice or social affiliation (Oliver Wendell Holmes). But for the proper functioning and stability of a society, a set of agreed rules called law must be observed.

Law is founded…. [read more]


Law Movie Analysis and Research Silkwood Term Paper

… Law Movie Analysis and Research

Silkwood like many other movies, e.g. The Insider, Erin Brockovich, Norma Rae, deals with the problems of corporate America, a greedy, corrupt, criminal corporate America that exists only for the quick profit and would do anything and everything to make more and more money. The employees, consumers and people living next to the industries are the ones who pay the price for corporate America with their lives and health and this is a very high price to pay for the welfare of others.

Silkwood is a disturbing movie that raises the signal and makes one think long and hard about the world he is living in, especially because it is all based on a true story and nothing raises awareness…. [read more]


Environmental Justice and Executive Order 12898 Research Proposal

… ENVIRONMENTAL JUSTICE & EXECUTIVE ORDER 12898

The objective of this work is to examine whether the issuance of Executive Order 12898 in 1994 has made a recognizable difference in assisting the environmental justice movement reach its goal of achieving environmental protection for all communities.

On February 11, 1994, President Bill Clinton signed Executive Order 12898 on Environmental Justice: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. This order directs each federal agency to develop an environmental justice strategy for identifying and addressing disproportionately high and adverse human health, or environmental effects of its programs, policies, and activities on minority populations and low-income populations. Monies were allocated to federal agencies and state governments assisting communities to develop strategies toward local environmental problems.…. [read more]


Environmental Crimes and Health Research Paper

… In any case phosphate gets to be introduced into the water systems, its higher concentration results to increase of growth of algae and plants. Due to the quick growth of algae from high availability of nutrient, and alga being short-lived, it result to a high concentration of dead organic matter which start to decay, and the process of decay that has been consumed dissolve oxygen in water, causing hypoxic conditions. If there is no enough dissolved oxygen in the water, there could be a great death of animal and numbers.

Sustainability cycle

There is an increasing concern by environmentalists and the environmental law/policy enforcement agencies about the environmental pollution. There are heaps of garbage growing each day in various parts of the country and the…. [read more]


Environmental Ethics and Morality Thesis

… Environmental Ethics and Morality

What kind of ethical posture does the United States Government put forward with reference to the environment? Is the U.S. considered a nation that protects and nurtures the wildlife and its habitat? Are their policies and mission statements in the federal government that reflect a deep moral concern for protecting the planet? These are all excellent questions and the answer overall is that yes, the United States Government, through its laws and stated policies, most certainly has an environmental ethic. That having been said, it is also true that because of very different executive styles of managing resources and responding to environmental challenges the United States Government does not always live up to its stated mission vis-a-vis the environment. This paper…. [read more]


Environmental Ethics and United States Term Paper

… Ignoring the political influence, EPA has been introducing reforms which have been effective in at least setting up minimum standards for the well-being of human health, animal and plants protection along with ecological balance. It has introduced and enforced various acts under Congress's supervision which have been functional in protecting and restoring natural resources. Examples of some of the reforms introduced by EPA are Small Business Liability Relief and Brownfield Revitalization Act, Nuclear Waste Repository Act, Food Quality Protection Act, Safe Drinking Water Act Amendments of 1996, Toxic Substances Control Act, Endangered Species Act and other programs including Safer Detergents Stewardship Initiative, fuel economy, global warming etc.

The given set of policies and acts indicate that EPA covers wide range of environment protection issues and…. [read more]


Environmental Impact of Coal Mining in Appalachia Thesis

… Environmental Impact of Coal Mining in Appalachia

An aerial view of mountaintop removal mining

http://www.thestar.com/sciencetech/Environment/article/3061652008)

The issue of coal mining in the Appalachian regions has in recent years been the cause of much debate and contention. The central concern in this debate is the dramatic and severe impact that coal mining has had on the environment of the region. In the age of global warming and climate change the issue of the devastation of the natural environment through mining methods such as mountaintop removal mining (MRM) tends to evoke strong and critical responses. The following is one example of these critiques.

When it comes to coal, perhaps the only thing more controversial than what to do about the heat-trapping carbon dioxide it generates is what…. [read more]


Intrinsic Relationship Between Common Law Essay

… An excellent example of this fact is the U.S. Mayors Climate Protection Agreement, which essentially states that the mayor of a number of cities have pledged that their cities will reduce greenhouse emissions within their municipalities until they are seven percent below the levels in 1990 (No author, 2012). In attempting to reach this goal by 2012, a number of the different municipalities are enforcing standards that are stricter than those implemented by the Environmental Protection Agency. Austin, Texas, is requiring new single family home residents to use at least 60% less energy than that found by contemporary standards, and has targeted 2015 as the date by which this goal should be met.

Such a fairly strident measure, which the city is attempting to enforce…. [read more]


Environmental Ethical Issues in the Early 21st Term Paper

… Environmental Ethical Issues

In the early 21st century, environmental concerns have emerged as some of the most important social policy issues. Environmental ethics issues go back to the earliest era of American history but they became more important as the nation became more industrialized in the 19th and early 20th century. Today, the major environmental ethics concerns include the concept of disproportionate global resource consumption by wealthy nations, the depletion of fossil fuels and the need to develop alternative sources of energy, the outsourcing of negative consequences from industrial processes from wealthier nations to poorer nations, the environmental impact of U.S. military operations on foreign peoples, anthropomorphism in wildlife preservation and conservation, and the relative obligation of current generations to future generations inheriting the planet.…. [read more]


Canadian Business and the Law Term Paper

… Financial ethics is Canada advocate for ethical behaviors in trading practices, sales practices, tax payment, consultancy services, trading conditions, financial contracting, auditing and executive compensation among others.

Ethics of human resource management advocate for ethical practices by employers in Canada during the recruitment or selection process of new employees, during orientation, performance appraisal, training and development. The industrial relations, health and safety issues are also covered in the ethics of HRM. Important to note is that in the recent past, ethics of HRM in Canada have been reviewed to include discrimination issues at the work place, fairness of the employment contract and privacy of both the employer and the employee.

The ethics of sales and marketing outline the ethical values, principles and ideas of which…. [read more]

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