Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article's analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.
{"title":"The Need to Reconceptualize Wild Animals Post-COVID 19: Miscoordination of Wildlife Regulations in China’s Food Legal Order","authors":"Yi Seul Kim","doi":"10.58948/0738-6206.1882","DOIUrl":"https://doi.org/10.58948/0738-6206.1882","url":null,"abstract":"Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article's analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127635162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article illustrates the harmonies and conflict between historic preservation and environmental law in the context of urgently meeting climate change challenges. The Article presents an overarching analysis of the relationship between historic preservation and environmentalism, discerning unifying aspects and modern conflicts through statutory laws and case studies. It begins with detailing the parallel goals between the two causes, drawing on key similarities between the National Historic Preservation Act and the National Environmental Policy Act, the main tools for ensuring federal review for each field, and highlighting sustainable refurbishment as a prime example on achieving both ends with the same means. The Article then shifts towards their increasing conflict in the context of climate change action, looking at, for example, the friction between the rapid energy transition and historic preservation federal review. Because deceleration caused by federal review is not feasible in meeting current ambitious emission goals, the Article posits streamlined solutions that can be implemented to ensure each set of goals are met efficiently. This Article concludes with an analysis of these solutions within these unreconciled areas.
{"title":"The Green Future and the Golden Past: Issues and Approaches Regarding the Sustainability of Historical Structures and Sites","authors":"Steven Moctezuma","doi":"10.58948/0738-6206.1883","DOIUrl":"https://doi.org/10.58948/0738-6206.1883","url":null,"abstract":"This Article illustrates the harmonies and conflict between historic preservation and environmental law in the context of urgently meeting climate change challenges. The Article presents an overarching analysis of the relationship between historic preservation and environmentalism, discerning unifying aspects and modern conflicts through statutory laws and case studies. It begins with detailing the parallel goals between the two causes, drawing on key similarities between the National Historic Preservation Act and the National Environmental Policy Act, the main tools for ensuring federal review for each field, and highlighting sustainable refurbishment as a prime example on achieving both ends with the same means. The Article then shifts towards their increasing conflict in the context of climate change action, looking at, for example, the friction between the rapid energy transition and historic preservation federal review. Because deceleration caused by federal review is not feasible in meeting current ambitious emission goals, the Article posits streamlined solutions that can be implemented to ensure each set of goals are met efficiently. This Article concludes with an analysis of these solutions within these unreconciled areas.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124780237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The climate crisis has provoked a call for action from all sides. Private governance, public regulation, and individual behavior are all vital pieces of our path toward decarbonization and climate adaptation. Despite this, some scholars and policymakers argue that private environmental governance undermines public efforts to regulate climate harms. This paper draws on existing scholarship in law, policy, and psychology to answer these critiques, proposing four taxonomies of beneficial public-private collaboration on environmental governance. It then applies these models, tracking the shift in U.S. environmental legislation from “polluter pays” to “beneficiary pays” strategies to show a shift from rivalry to collaboration between public and private governance. Tracking examples of this shift, it analyzes the ways that the Inflation Reduction Act and Draft Federal Acquisition Regulation demonstrate the potential of public-private climate partnerships. Finally, it analyzes similar collaborative approaches in international law to show that rather than a “race to the bottom,” the interaction of public and private governance can form virtuous cycles that have the capacity to increase decarbonization efforts across sectors. * J.D. 2023 Vanderbilt Law School. With gratitude to Michael Vandenbergh, Jonathan Gilligan, and Mariah D. Caballero for discussion, thought, and guidance, and to the participants of Prof. Vandenbergh’s Private Environmental Governance class for their insightful questions. Thanks as well to the team at Pace Environmental Law Review— especially Gabriella Mickel--for their thoughtful edits and comments.
气候危机引发了各方采取行动的呼吁。私人治理、公共监管和个人行为都是我们走向脱碳和气候适应之路的重要组成部分。尽管如此，一些学者和政策制定者认为，私人环境治理破坏了公共监管气候危害的努力。本文利用法律、政策和心理学方面的现有学术来回答这些批评，提出了环境治理中有益的公私合作的四种分类。然后应用这些模型，跟踪美国环境立法从“污染者付费”到“受益者付费”策略的转变，以显示公私治理从竞争到合作的转变。通过跟踪这一转变的实例，本文分析了《通货膨胀减少法》和《联邦采购条例草案》展示公私气候伙伴关系潜力的方式。最后，本文分析了国际法中类似的合作方式，以表明公共和私人治理的互动可以形成良性循环，从而有能力加强各部门的脱碳努力，而不是“逐底竞争”。*法学博士2023范德比尔特法学院。感谢Michael Vandenbergh、Jonathan Gilligan和Mariah D. Caballero的讨论、思考和指导，以及Vandenbergh教授的私人环境治理课程的参与者提出的富有洞察力的问题。同时感谢《佩斯环境法评论》的团队，尤其是加布里埃拉·米克尔，感谢他们深思熟虑的编辑和评论。
{"title":"Virtuous Cycles: The Interaction of Public and Private Environmental Governance","authors":"Elodie O. Currier","doi":"10.58948/0738-6206.1881","DOIUrl":"https://doi.org/10.58948/0738-6206.1881","url":null,"abstract":"The climate crisis has provoked a call for action from all sides. Private governance, public regulation, and individual behavior are all vital pieces of our path toward decarbonization and climate adaptation. Despite this, some scholars and policymakers argue that private environmental governance undermines public efforts to regulate climate harms. This paper draws on existing scholarship in law, policy, and psychology to answer these critiques, proposing four taxonomies of beneficial public-private collaboration on environmental governance. It then applies these models, tracking the shift in U.S. environmental legislation from “polluter pays” to “beneficiary pays” strategies to show a shift from rivalry to collaboration between public and private governance. Tracking examples of this shift, it analyzes the ways that the Inflation Reduction Act and Draft Federal Acquisition Regulation demonstrate the potential of public-private climate partnerships. Finally, it analyzes similar collaborative approaches in international law to show that rather than a “race to the bottom,” the interaction of public and private governance can form virtuous cycles that have the capacity to increase decarbonization efforts across sectors. * J.D. 2023 Vanderbilt Law School. With gratitude to Michael Vandenbergh, Jonathan Gilligan, and Mariah D. Caballero for discussion, thought, and guidance, and to the participants of Prof. Vandenbergh’s Private Environmental Governance class for their insightful questions. Thanks as well to the team at Pace Environmental Law Review— especially Gabriella Mickel--for their thoughtful edits and comments.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125444454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Racial Impact Assessment in Land Use Planning and Zoning","authors":"W. West","doi":"10.58948/0738-6206.1884","DOIUrl":"https://doi.org/10.58948/0738-6206.1884","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130564481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business","authors":"J. Ruhl","doi":"10.58948/0738-6206.1880","DOIUrl":"https://doi.org/10.58948/0738-6206.1880","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126546754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Natural Resource Systems and the Evolution of Environmental Law","authors":"M. Ehrman","doi":"10.58948/0738-6206.1879","DOIUrl":"https://doi.org/10.58948/0738-6206.1879","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125720183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Environmental Law for the 21st Century","authors":"E. Elliott, D. Esty","doi":"10.58948/0738-6206.1877","DOIUrl":"https://doi.org/10.58948/0738-6206.1877","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115843591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is
{"title":"A Balanced Prescription for More Effective Environmental Regulations","authors":"W. Viscusi","doi":"10.58948/0738-6206.1878","DOIUrl":"https://doi.org/10.58948/0738-6206.1878","url":null,"abstract":"Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130805816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The American bison — also known as the buffalo — holds great significance to many Native American people and cultures. Although bison populations have grown since their near destruction in the 19th century, the last remaining wild bison are under threat by the National Park Service’s Yellowstone management plan. Native representatives have had only a limited advisory role in creating the plan, and a number of Native individuals and advocacy groups have spoken out against it. This essay explores the possibility of applying the Native American Graves Protection and Repatriation Act to living animals for the first time, categorizing the bison as “objects of cultural patrimony” in order to facilitate repatriation and shift management authority to tribal representatives. Abstract ................................................................................................. 428
{"title":"Repatriating the Buffalo: NAGPRA’s Applicability to Yellowstone Bison Management","authors":"Saylor Soinski","doi":"10.58948/0738-6206.1874","DOIUrl":"https://doi.org/10.58948/0738-6206.1874","url":null,"abstract":"The American bison — also known as the buffalo — holds great significance to many Native American people and cultures. Although bison populations have grown since their near destruction in the 19th century, the last remaining wild bison are under threat by the National Park Service’s Yellowstone management plan. Native representatives have had only a limited advisory role in creating the plan, and a number of Native individuals and advocacy groups have spoken out against it. This essay explores the possibility of applying the Native American Graves Protection and Repatriation Act to living animals for the first time, categorizing the bison as “objects of cultural patrimony” in order to facilitate repatriation and shift management authority to tribal representatives. Abstract ................................................................................................. 428","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122469191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Big Chill: Are Public Participation Rights Being Slapp-Ed?","authors":"R. Deming","doi":"10.58948/0738-6206.1871","DOIUrl":"https://doi.org/10.58948/0738-6206.1871","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133126432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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