Journal of Environmental Law & Litigation : Vol. 24, no. 1 (Spring 2009)
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Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p. 119-164 : Is Religion the Environment’s Last Best Hope? Targeting Change in Individual Behavior Through Personal Norm Activation(University of Oregon School of Law, 2009) Johnson, Stephen M.This Article explores the important role that religious organizations have played, and can play, in personal norm activation to influence change in individuals’ environmentally destructive actions. Part I of the Article describes the need for regulating or targeting individuals, in addition to industrial sources, in order to address many of the remaining significant environmental problems. Part II examines the advantages and disadvantages of targeting individual actions through command-and-control regulation, economic-based alternatives, and information disclosure programs. Part III outlines the concept of norm activation and details the manner in which information disclosure programs can be used to activate personal norms to influence changes in individual behavior. It also identifies some of the limitations on the use of information disclosure to activate norms and limitations on the development of effective information disclosure programs to activate norms. Part IV explores the manner in which churches and religious organizations, over the past decade, have, through their statements and actions, activated personal norms of stewardship and social justice to change individuals’ attitudes and actions in ways that reduce harm to the environment and public health. Finally, Part V discusses the ways that the government could partner with religious organizations to influence changes in individuals’ environmentally destructive behavior or to implement programs that encourage individuals to reduce their environmentally destructive behavior.Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p. 075-118 : Ultra Vires Statutes: Alive, Kicking, and a Means of Circumventing the Scalia Standing Gauntlet in Environmental Litigation(University of Oregon School of Law, 2009) Sulkowski, Adam J.The primary purpose of this Article is to provide citizen enforcers of environmental laws with an efficient tool for establishing standing in the face of Justice Antonin Scalia’s heightened standing doctrine. This Article also significantly contributes to the literature on ultra vires statutes in corporate law by tracing their historical origins in greater detail, clarifying terminology, and summarizing recent case law that explicitly affirms the power of ultra vires statutes.Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p. 007-034: Emerging from the Deep: Pacific Coast Wave Energy(University of Oregon School of Law, 2009) Campbell, Holly V.This Article discusses the early stages of wave energy development on the Pacific Coast of the United States, particularly in Oregon.Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p.035-074 : The Green Economic Recovery: Wind Energy Tax Policy After Financial Crisis and the American Recovery and Reinvestment Tax Act of 2009(University of Oregon School of Law, 2009) Hinman, Jeffry S.This Note explores the weaknesses that the recession has exposed in the United States’ current renewable energy tax policy and evaluates the 111th Congress’ legislative response to those weaknesses. In doing so, this Note looks at the major U.S. renewable energy tax policies of the last thirty years and investigates the effects of those federal policies on the wind energy industry. The focus on wind is not an endorsement to pursue wind energy over all other forms of renewable energy; rather, it is meant as a case study on how federal tax policy has effected one industry and how it can better encourage growth in that industry.Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p. 001-007 :Keynote Address: Energy Policy and Oregon’s Future(University of Oregon School of Law, 2009) Bradbury, Bill (William C.)Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p. 181-203 : Cleaner Water in China? The Implications of the Amendments to China’s Law on the Prevention and Control of Water Pollution(University of Oregon School of Law, 2009) Winalski, DawnChina still has a long way to go in the development of a strong permitting system to reduce the pollution entering its lakes and rivers. This Article will discuss how the Chinese government operates, the current status of Chinese law related to the prevention of water pollution, and the challenges connected to enforcement and public participation. Throughout the discussion, the Article will compare China’s Law on Prevention and Control of Water Pollution (LPCWP) to the United States’ Clean Water Act, identify areas where China could look to the United States as a possible model for its regulation of water pollution, and highlight areas where the law in China might be more innovative than the law in the United States.Item Open Access Journal of Environmental Law & Litigation : Vol. 24, No. 1, p. 165-180 : A Housing-Centered Approach to Justice(University of Oregon School of Law, 2009) Rajotte, BenjaminThis Article highlights and expands on an argument that I made in late 2007 advocating for a reexamination of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) in the unique and important context of the reconstruction and revitalization of New Orleans.