Vol. XLIV No. 2
Foreward

Foreward—Forward . . .

A message from Professor Zygmunt Plater for the final issue of the Environmental Affairs Law Review.

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Article

Bio-Prospecting in the Arctic: An Overview of the Interaction Between the Rights of Indigenous Peoples and Access and Benefit Sharing

Abstract: The exploration and exploitation of marine genetic resources for commercial purposes is growing at an unprecedented rate in the Arctic region. Currently, there is no explicit legal framework that governs the participation of Arctic indigenous peoples in this industry or requires that the benefits derived from the scientific use of marine genetic resources are […]

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Battling the (Algae) Bloom: Watershed Policies and Plans in Wisconsin

Abstract: Algae blooms and unsafe nitrate levels caused primarily by nutrients in runoff from agricultural and urban areas plague waterbodies across the United States. The nutrient pollution problem can be effectively addressed through the development and implementation of appropriately scaled watershed plans. To encourage needed planning and implementation, the Environmental Protection Agency and states must […]

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Notes

Call Me Ishimaru: Independent Enforcement of International Agreements

Abstract: International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to […]

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Guidance Documents and Rules: Increasing Executive Accountability in the Regulatory World

Abstract: Guidance documents pose a peculiar problem in administrative law. Although guidance documents are supposed to be non-binding memoranda, they sometimes have the effect of creating binding law in practice. Courts lack an effective way to determine when guidance documents are essentially binding. This Note examines why past, current, and proposed judicial tests for determining […]

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Sound and Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective to Promote Corporate Response to Climate Change

Abstract: Climate change has already impacted the planet in a number of ways. Perhaps most apparent, however, is climate change’s effects on the frequency and intensity of storms, droughts, and other major geologic and weather-related events. Such catastrophic events have also lead to significant loses by individuals and businesses alike. In particular, many corporations in […]

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Food Deserts Are Ripe for Business

Abstract: People living in food deserts lack access to nutritious food. Although growing awareness of food deserts has prompted federal and state governments to allocate resources to combat the problem, many municipal and state governments lack the funding, personnel, and expertise necessary to develop and implement programs to address food deserts. The private sector can […]

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Saving on Health Care While Protecting the Planet: An Examination of Massachusetts’ Proposed Carbon Tax and Its Impact on the Hospital Industry

Abstract: Climate change has negative implications not only for the environment, but also for human health. Human greenhouse gas (“GHG”) emissions are a major contributor to climate change and therefore we must curb our behavior to save the planet and ourselves. Following the economic principle of the First Law of Demand, a carbon tax incentivizes […]

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Bigger than Blackfish: Lessons from Captive Orcas Demonstrate a Larger Problem with Animal Welfare Laws

Abstract: Recently, increased attention to the care that captive orcas receive at marine life parks has sparked a call for reform of the public display industry. In the face of this public outcry the nation’s leading marine life park, SeaWorld, recently announced a shift in company policy that will eventually end the practice of holding […]

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HFC Smuggling: Preventing the Illicit (and Lucrative) Sale of Greenhouse Gases

Abstract: The Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer is a pivotal development in global cooperation to stem climate change. Through incorporating hydrofluorocarbons into the Montreal Protocol, the international community will be able to combat the deleterious effects of a common, yet potent, chemical. Nonetheless, the United States and […]

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