Constitutional Environmental Law

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Principles of Constitutional Environmental Law

Author : James R. May
Publisher : American Bar Association
ISBN 13 : 9781614380870
Total Pages : 0 pages
Book Rating : 4.3/5 (88 download)

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Book Synopsis Principles of Constitutional Environmental Law by : James R. May

Download or read book Principles of Constitutional Environmental Law written by James R. May and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional dimensions are at the heart of many environmental and energy law cases and policies. This comprehensive provides an authoritative account and analysis of the growing intersection of constitutional and environmental law, with chapters featuring a useful practice tip and concluding with a relevant case study. Beginning with an introduction to the field of constitutional environmental law, chapters examine federal and state authority respecting environmental law and policy; judicial review; individual; and emerging constitutional issues in environmental law.

The Constitutional Question to Save the Planet

Author : Franklin Kury
Publisher :
ISBN 13 : 9781585762316
Total Pages : 256 pages
Book Rating : 4.7/5 (623 download)

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Book Synopsis The Constitutional Question to Save the Planet by : Franklin Kury

Download or read book The Constitutional Question to Save the Planet written by Franklin Kury and published by . This book was released on 2021-04-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Book: More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution, which was enacted on Earth Day 1970 and ratified by Pennsylvania's voters a year later. In the half century since then, climate change has become the overriding threat to the environment of the planet. In this book, Franklin Kury expands upon the story of Article I, Section 27, to demonstrate how its principles can be the basis for addressing climate change in the rest of the world. The story concludes with a call for the federal government's leadership to seek a national environmental rights amendment to the U.S. Constitution and a treaty to expand its reach to the international community. About the Author: Franklin Kury served in the Pennsylvania House of Representatives from 1966 to 1972 and the Pennsylvania Senate from 1972 to 1980. As a state representative, Kury was the author and lead advocate of the legislative proposal that became the Environmental Rights Amendment to the Pennsylvania Constitution (Article 1, Section 27) that is the basis of this book. After leaving the legislature, Kury was a member of the Board of Directors of the Pennsylvania Environmental Council and Hawk Mountain Sanctuary.

The Global Emergence of Constitutional Environmental Rights

Author : Joshua C. Gellers
Publisher : Taylor & Francis
ISBN 13 : 1315524406
Total Pages : 150 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis The Global Emergence of Constitutional Environmental Rights by : Joshua C. Gellers

Download or read book The Global Emergence of Constitutional Environmental Rights written by Joshua C. Gellers and published by Taylor & Francis. This book was released on 2017-05-18 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

The Environmental Rights Revolution

Author : David R. Boyd
Publisher : UBC Press
ISBN 13 : 0774821639
Total Pages : 470 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Environmental Rights Revolution by : David R. Boyd

Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

The Green Amendment

Author : Maya K. Van Rossum
Publisher :
ISBN 13 : 9781633310216
Total Pages : 0 pages
Book Rating : 4.3/5 (12 download)

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Book Synopsis The Green Amendment by : Maya K. Van Rossum

Download or read book The Green Amendment written by Maya K. Van Rossum and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.

Global Environmental Constitutionalism

Author : James R. May
Publisher : Cambridge University Press
ISBN 13 : 1107022258
Total Pages : 427 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Global Environmental Constitutionalism by : James R. May

Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Principles of Constitutional Environmental Law

Author : James R. May
Publisher :
ISBN 13 : 9781627226592
Total Pages : pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Principles of Constitutional Environmental Law by : James R. May

Download or read book Principles of Constitutional Environmental Law written by James R. May and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ecological Constitution

Author : Lynda Collins
Publisher : Routledge
ISBN 13 : 1000418316
Total Pages : 114 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Ecological Constitution by : Lynda Collins

Download or read book The Ecological Constitution written by Lynda Collins and published by Routledge. This book was released on 2021-05-20 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.

Constitutional Environmental Rights

Author : Tim Hayward
Publisher : Oxford University Press
ISBN 13 : 0199278679
Total Pages : 249 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Constitutional Environmental Rights by : Tim Hayward

Download or read book Constitutional Environmental Rights written by Tim Hayward and published by Oxford University Press. This book was released on 2005 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.

Constitutional Environmental Rights

Author : Tim Hayward
Publisher : OUP Oxford
ISBN 13 : 0191535311
Total Pages : 248 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Constitutional Environmental Rights by : Tim Hayward

Download or read book Constitutional Environmental Rights written by Tim Hayward and published by OUP Oxford. This book was released on 2004-12-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.

Implementing Environmental Constitutionalism

Author : Erin Daly
Publisher : Cambridge University Press
ISBN 13 : 1316732800
Total Pages : 253 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Implementing Environmental Constitutionalism by : Erin Daly

Download or read book Implementing Environmental Constitutionalism written by Erin Daly and published by Cambridge University Press. This book was released on 2018-11-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.

Constitutional Environmental Law

Author : Carl E. Bruch (juriste).)
Publisher : Environmental Law Institute
ISBN 13 : 1585761044
Total Pages : 100 pages
Book Rating : 4.5/5 (857 download)

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Book Synopsis Constitutional Environmental Law by : Carl E. Bruch (juriste).)

Download or read book Constitutional Environmental Law written by Carl E. Bruch (juriste).) and published by Environmental Law Institute. This book was released on 2007 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades, and especially since the 1992 "Earth Summit," many African countries have incorporated environmental provisions into their constitutions. But to date these tools have gone largely underutilized in Africa. Opening courts to citizens to enforce their constitutional rights strengthens the judiciary, empowers civil society, and fosters an atmosphere of environmental accountability. This volume-updated and expanded from the original 2000 publication-analyzes African constitutional environmental law provisions. It also examines cases from Africa and elsewhere around the world that interpret and apply such provisions. It explores how constitutional provisions of African states can be used to create real, enforceable environmental rights. A unique component of Constitutional Environmental Law is a CD-ROM that presents the full text of the various constitutions of 52 African states (excluding the territories of the Canary Islands, the Madeira Islands, and Reunion). The book highlights the provisions that may be used to protect the environment-as well as cases from around the world that illustrate opportunities for implementing constitutional environmental rights. Additionally, given the recently concluded, ongoing, and proposed constitutional reforms in various African countries-such as Kenya, Liberia, Sierra Leone, Sudan, and Swaziland-the book examines the opportunities that such provisions present for improving environmental governance, addressing issues of environmental and participatory rights, and ensuring implementation and enforcement.

Constitutionalisation of Environmental Protection in EU Law

Author : Alicja Sikora
Publisher :
ISBN 13 : 9789089522061
Total Pages : 0 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Constitutionalisation of Environmental Protection in EU Law by : Alicja Sikora

Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.

Judicial Handbook on Environmental Law

Author : Dinah Shelton
Publisher : UNEP/Earthprint
ISBN 13 : 9280725556
Total Pages : 160 pages
Book Rating : 4.2/5 (87 download)

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Book Synopsis Judicial Handbook on Environmental Law by : Dinah Shelton

Download or read book Judicial Handbook on Environmental Law written by Dinah Shelton and published by UNEP/Earthprint. This book was released on 2005 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.

The Constitutional Question to Save the Planet

Author : Franklin L. Kury
Publisher :
ISBN 13 : 9781585762323
Total Pages : pages
Book Rating : 4.7/5 (623 download)

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Book Synopsis The Constitutional Question to Save the Planet by : Franklin L. Kury

Download or read book The Constitutional Question to Save the Planet written by Franklin L. Kury and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution, which was enacted on Earth Day 1970 and ratified by Pennsylvania's voters a year later. In the half century since then, climate change has become the overriding threat to the environment of the planet. In this book, Franklin Kury expands upon the story of Article I, Section 27, to demonstrate how its principles can be the basis for addressing climate change in the rest of the world. The story concludes with a call for the federal government's leadership to seek a national environmental rights amendment to the U.S. Constitution and a treaty to expand its reach to the international community.

What Can Animal Law Learn from Environmental Law?

Author : Randall Abate
Publisher :
ISBN 13 : 9781585761760
Total Pages : 0 pages
Book Rating : 4.7/5 (617 download)

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Book Synopsis What Can Animal Law Learn from Environmental Law? by : Randall Abate

Download or read book What Can Animal Law Learn from Environmental Law? written by Randall Abate and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume by Professor Randall S. Abate of Florida A&M University College of Law presents a collection of 17 chapters in an attempt to fill the gap - as illustrated above - between the complex legal issues that matter most to environmental law and animal law movements. Environmental law has a longer history and is more established than its animal law counterpart with intricate layers of international, federal, state, and local laws. Animal law currently faces many of the legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold in U.S. and international law and, as such, stands to gain valuable insights from the lessons of the environmental law movement¿s experience in confronting those challenges. These chapters compare the very different trajectories of the regulatory history of both movements, examining the legal intersections that may exist across them. Prof. Abate draws on the talents of 22 experts in their fields from academia, non-profits, and the legal profession to examine the ways in which animal rights and welfare law can benefit from environmental law. The chapters address various contexts and perspectives from U.S. law, foreign domestic law, and international law on substantive issues including climate change, international trade and the environment, concentrated animal feeding operations, invasive species, lead pollution, and fisheries management, and procedural issues including standing and damages. The book concludes with two chapters that offer a vision for the future regarding how animal law can learn from environmental law and how the two movements can better coordinate their common objectives.

Strategies for Environmental Success in an Uncertain Judicial Climate

Author : Michael Allan Wolf
Publisher : Environmental Law Institute
ISBN 13 : 1585760935
Total Pages : 387 pages
Book Rating : 4.5/5 (857 download)

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Book Synopsis Strategies for Environmental Success in an Uncertain Judicial Climate by : Michael Allan Wolf

Download or read book Strategies for Environmental Success in an Uncertain Judicial Climate written by Michael Allan Wolf and published by Environmental Law Institute. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.