{"title":"Dying to Be Fresh and Clean? Toxicants in Personal Care Products, the Impact on Cancer Risk, and Epigenetic Damage","authors":"K. Drabiak","doi":"10.58948/0738-6206.1811","DOIUrl":"https://doi.org/10.58948/0738-6206.1811","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114465597","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}
I the 1940s, renowned American botanist David Fairchild planted two specimens of the common Asian mangrove Bruguiera gymnorrhyza at his home in Miami (today a botanical garden known as The Kampong). Approximately 30 years later, at Fairchild Tropical Botanical Garden, horticulturists planted a second exotic species of mangrove from Asia, Lumnitzera racemosa. F decades both species remained contained to their respective locations. However, both species “escaped” and have since naturalized and spread. T aquarium trade, a popular activity in Florida, is also a cause for concern. Many species of mangroves can be procured online to decorate tanks to look like natural shorelines. The Problem Our Proposal U remains as to the complete success of the eradication efforts. An essential part of an effective precautionary approach to management of invasive mangrove species requires integration of such an approach into the legal framework. L racemosa and Bruguiera gymnorrhiza should be listed on the Florida Noxious Weed List. The Mangrove Trimming and Preservation Act should be referenced as the authority by which state and local agencies can engage in eradication and management strategies for these species. Finally, a Florida Invasive Species Council should be established in order to promote horizontal and vertical integration between different levels and areas of government. This council should facilitate invasive species policy in the state by commissioning scientific studies, adopting risk assessment techniques to prioritize eradication, overseeing thoughtful and impactful use of funding, and assisting with planning strategies and management techniques.
{"title":"Friends or Foes? The Problem of South Florida’s Invasive Mangroves","authors":"Kelly Cox, R. Araújo","doi":"10.58948/0738-6206.1808","DOIUrl":"https://doi.org/10.58948/0738-6206.1808","url":null,"abstract":"I the 1940s, renowned American botanist David Fairchild planted two specimens of the common Asian mangrove Bruguiera gymnorrhyza at his home in Miami (today a botanical garden known as The Kampong). Approximately 30 years later, at Fairchild Tropical Botanical Garden, horticulturists planted a second exotic species of mangrove from Asia, Lumnitzera racemosa. F decades both species remained contained to their respective locations. However, both species “escaped” and have since naturalized and spread. T aquarium trade, a popular activity in Florida, is also a cause for concern. Many species of mangroves can be procured online to decorate tanks to look like natural shorelines. The Problem Our Proposal U remains as to the complete success of the eradication efforts. An essential part of an effective precautionary approach to management of invasive mangrove species requires integration of such an approach into the legal framework. L racemosa and Bruguiera gymnorrhiza should be listed on the Florida Noxious Weed List. The Mangrove Trimming and Preservation Act should be referenced as the authority by which state and local agencies can engage in eradication and management strategies for these species. Finally, a Florida Invasive Species Council should be established in order to promote horizontal and vertical integration between different levels and areas of government. This council should facilitate invasive species policy in the state by commissioning scientific studies, adopting risk assessment techniques to prioritize eradication, overseeing thoughtful and impactful use of funding, and assisting with planning strategies and management techniques.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131288346","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 onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied assumption is that public benefit obligations are met through state administration because this is the most effective means of reinjecting the financial gains of resource exploitation back into the community. This article argues that the dramatic social and environmental impacts associated with a transitioning onshore resource sector have fundamentally altered this perspective. In this environment, the public interest obligations of the state transcend efficiency imperatives. In a modern public resource framework the state can only properly comply with its core public interest obligations where the social and environmental concerns of impacted communities regarding onshore resource development are effectively managed. This structural realignment coheres with the emergence of a more attuned and environmentally engaged communitarian network. This article draws upon social obligation jurisprudence, including land ethics, the public trust doctrine and the doctrine of propriety, to argue that the public ownership of resources has always been qualified by strong communitarian obligations. Responding to these obligations in a timely and effective manner is has, in the context of onshore resource expansion, become a public interest imperative. This is apparent not only from the growing formal importance of social licencing protocols in resource development projects but also, at a more fundamental level, in the normative drive towards ecological progression and improved structural consistency between human and natural law.
{"title":"Public Resource Ownership and Community Engagement in a Modern Energy Landscape","authors":"Samantha Hepburn","doi":"10.58948/0738-6206.1806","DOIUrl":"https://doi.org/10.58948/0738-6206.1806","url":null,"abstract":"The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied assumption is that public benefit obligations are met through state administration because this is the most effective means of reinjecting the financial gains of resource exploitation back into the community. This article argues that the dramatic social and environmental impacts associated with a transitioning onshore resource sector have fundamentally altered this perspective. In this environment, the public interest obligations of the state transcend efficiency imperatives. In a modern public resource framework the state can only properly comply with its core public interest obligations where the social and environmental concerns of impacted communities regarding onshore resource development are effectively managed. This structural realignment coheres with the emergence of a more attuned and environmentally engaged communitarian network. This article draws upon social obligation jurisprudence, including land ethics, the public trust doctrine and the doctrine of propriety, to argue that the public ownership of resources has always been qualified by strong communitarian obligations. Responding to these obligations in a timely and effective manner is has, in the context of onshore resource expansion, become a public interest imperative. This is apparent not only from the growing formal importance of social licencing protocols in resource development projects but also, at a more fundamental level, in the normative drive towards ecological progression and improved structural consistency between human and natural law.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128544895","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":"Let’s Be Reasonable: Why Neither Nollan/Dolan nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz","authors":"Glen A. Hansen","doi":"10.58948/0738-6206.1803","DOIUrl":"https://doi.org/10.58948/0738-6206.1803","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124137735","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}
R. Aguiar, Jody M. Endres, Caroline M. Taylor, S. Evans
{"title":"Public Conservation Policies on Private Land: A Case Study of the Brazilian Forest Code and Implications for the Agro-Industry Sector","authors":"R. Aguiar, Jody M. Endres, Caroline M. Taylor, S. Evans","doi":"10.58948/0738-6206.1805","DOIUrl":"https://doi.org/10.58948/0738-6206.1805","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121526065","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":"Preventing a Risk/Risk Trade-off: An Analysis of the Measures Necessary to Increase U.S. Pollinator Numbers","authors":"Camila Acchiardo Vallejo","doi":"10.58948/0738-6206.1809","DOIUrl":"https://doi.org/10.58948/0738-6206.1809","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130120847","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":"Labor Leading on Climate: A Policy Platform to Address Rising Inequality and Rising Sea Levels in New York State","authors":"J. Cha","doi":"10.58948/0738-6206.1807","DOIUrl":"https://doi.org/10.58948/0738-6206.1807","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131493143","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":"Choosing Your Ground on the Endangered Species Act: How Do the Ninth, Tenth, and District of Columbia Circuit Courts of Appeal Evaluate Water Management Decisions Made by Federal Water Agencies?","authors":"M. Kinsey","doi":"10.58948/0738-6206.1800","DOIUrl":"https://doi.org/10.58948/0738-6206.1800","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121444376","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}
Users may download and print one copy of any publication from the public portal for the purpose of private study or research You may not further distribute the material or use it for any profit-making activity or commercial gain You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
{"title":"Migratory Waterbird Conservation at the Flyway Level: Distilling the Added Value of AEWA in Relation to the Ramsar Convention","authors":"M. Lewis","doi":"10.58948/0738-6206.1798","DOIUrl":"https://doi.org/10.58948/0738-6206.1798","url":null,"abstract":"Users may download and print one copy of any publication from the public portal for the purpose of private study or research You may not further distribute the material or use it for any profit-making activity or commercial gain You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125774231","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":"What’s Shakin’? Ladra v. New Dominion, LLC: A Case of Consequence for the Hydraulic Fracturing Industry and Those Affected by Induced Seismicity","authors":"James Logan","doi":"10.58948/0738-6206.1802","DOIUrl":"https://doi.org/10.58948/0738-6206.1802","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122895853","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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