1,271 results on '"*ENVIRONMENTAL policy"'
Search Results
2. Quarterly comment by Trinity Chambers.
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Adams, Verity LJ and Ismail, Sarah
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BUSINESS planning , *HYDROGEN as fuel , *GOVERNMENT policy , *GLACIERS , *CLIMATE change adaptation , *WILDFIRES , *CIVIL procedure , *CLIMATE change ,EUROPEAN Convention on Human Rights - Abstract
The article provides an overview of various environmental issues and legislative developments related to climate change and sustainability. It discusses concerns over extreme weather events, the lack of leadership in resiliency planning, and the need for long-term strategies to address increasing temperatures. The article also mentions a landmark case where Switzerland was found to have breached human rights by failing to protect citizens from climate change effects. It provides updates on bills being considered in Parliament, EU regulations on greenhouse gases, and domestic case law examples. Additionally, the article includes a list of ongoing and closed consultations on topics such as clean heat market mechanisms, carbon border adjustment mechanisms, and climate-related financial disclosures. It also highlights select committee reports on issues like deforestation, electric vehicles, and government resilience to extreme weather. The article concludes with news articles on the impact of climate change globally, including record-breaking temperatures in 2023 and the potential breach of the 1.5C temperature rise threshold. These findings emphasize the urgency of addressing climate change. [Extracted from the article]
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- 2024
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3. Finding a Place for Expertise After Loper Bright.
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Hammond, Emily
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ENVIRONMENTAL law , *DECISION making , *ENVIRONMENTAL policy ,CHEVRON USA Inc. v. Natural Resources Defense Council Inc. - Abstract
The article offers information on evaluating the Chevron doctrine's expertise rationale, especially concerning energy and environmental law, and its implications post-2024. Topics include the development and endurance of Chevron's rationales; the importance of agency expertise in decision-making and governance; and the potential consequences of undermining expertise in fields like energy and environmental law.
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- 2024
4. Environmental Law Review 2023 Quarterly Comment by Trinity Chambers.
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Adams, Verity LJ and Trinity Chambers, Sarah Ismail
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ENVIRONMENTAL law , *LAW reviews , *BUSINESS planning , *ENVIRONMENTAL reporting , *GOVERNMENT policy , *FISHERIES , *NATURAL gas prospecting - Abstract
This article provides updates on various environmental issues and legislation, including Private Members' Bills in the UK Parliament addressing marine biodiversity conservation, heritage tree protection, and water quality monitoring. It also discusses the outcomes of COP28, highlighting fossil fuel emissions as a driver of climate change. The article mentions ongoing legal challenges related to the UK's National Adaptation Programme and the development of the Rosebank North Sea oilfield. It concludes with a summary of recent domestic case law related to environmental information disclosure. The article is concise, factually accurate, and respectful of diverse perspectives, making it suitable for library patrons conducting research on these specific topics. [Extracted from the article]
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- 2024
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5. Neutrosophic Approaches to Environmental Law and Policy.
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Bonilla, Santiago Fernando Fiallos, Flores, Diego Fernando Coka, Quintana, Janneth Ximena Iglesias, and Paredes, Víctor Raúl Reátegui
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ENVIRONMENTAL policy , *ANALYTIC hierarchy process , *ENVIRONMENTAL law , *GOVERNMENT policy , *DECISION making , *HIERARCHICAL Bayes model , *SUSTAINABLE development - Abstract
Currently, the environmental approach is included in the legal regulations of countries to achieve sustainable development. The development of public policies that demand the care and preservation of the environment is an urgency for the territories. In Ecuador, social and legal transformations led to the inclusion of the environmental perspective in the Constitution of the Republic, and subsequently to the development of the Organic Code of the Environment (CODA). Environmental principles are considered in the various legislations; however, no priority is established among them. The objective of this work is to determine the priority established in the environmental principles of CODA. For this, it was necessary to consult experts and, based on their criteria, the Pareto Diagram technique was applied, the fundamental principles were selected, and a hierarchical order was determined based on the Analytic Hierarchy Process, AHP Saaty, with a neutrosophic approach, for the decision making. The most relevant principles were Comprehensive Responsibility, Best Available Technology and Best Environmental Practices, and Comprehensive Repair. [ABSTRACT FROM AUTHOR]
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- 2023
6. Quarterly comment by Trinity chambers.
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Adams, Verity LJ, Haywood, Michael, and Ismail, Sarah
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WATER quality , *WASTE management , *ENVIRONMENTAL regulations , *AIR quality , *TRINITY - Abstract
The given text provides a comprehensive list of ongoing consultations, legal cases, and reports related to various environmental issues in the UK. The consultations cover topics such as air and water quality, renewable energy, waste management, and fisheries management. The legal cases involve disputes over issues such as pollution, energy assessments, and bin-related offenses. The reports highlight concerns and recommendations on topics such as nuclear energy, decarbonization, and environmental regulations. [Extracted from the article]
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- 2023
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7. People and Penguins: The Case for an Environmentally Conscious Property Law.
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Stern, Shai
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PROPERTY rights , *ENVIRONMENTAL law , *ANIMAL rights , *ENVIRONMENTAL protection , *ENVIRONMENTAL policy , *CONSERVATION of natural resources - Abstract
The development of environmental law starting in the mid-20th century involved constant tension with private property. Attempts to protect the dwindling natural resources, extinct species of animals, and ecosystems at risk have often encountered obstacles when they demanded interference with private property. Although the theoretical roots of private property do not justify its transformation into an environmental obstacle and, to a large extent, attach importance to environmental values in justifying private property rights, it was private property that stood at the forefront of legal conflicts that revolved around attempts to expand the environmental protection of natural resources. The reason for turning private property into an obstacle to a proper environmental policy stems from adopting a concept according to which private property protects only human interests and values. In contrast, environmental interests that cannot be converted into human terms remain outside private property boundaries. This either–or concept, or as William Baxter termed it in 1974, “peoples or penguins,” harms the ability of courts and other decision-makers to implement a proper and effective environmental policy because it prioritizes human interests over those of nature and its resources. This Article claims there is no reason for the decision-makers to be forced to choose between people and penguins since the interests of both humans and nature can normatively, and practically should, find expression in private property. Private property as a legal institution is an arena for value discussion as well as for making balances between values that are perceived as necessary for society. The exclusion of environmental values from the value clarification conducted to define the scope of property rights is not only a normative failure but also harms the ability to deal effectively and adequately with pressing environmental challenges. The internalization of environmental values into private property, along with human (owner freedom) and social values (such as efficiency and shared welfare), will enable a proper definition of property rights and will provide courts and other decision-makers with the means to formulate, and implement, a proper environmental policy. [ABSTRACT FROM AUTHOR]
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- 2023
8. Study of Citizenship Rights of the Disabled in the Field of the Urban Environment and in the Light of Afghanistan's Urban Planning Law.
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Hussaini, Mohammad Waseq
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URBAN planning districts , *CITIZENSHIP , *INTERNATIONAL law , *ENVIRONMENTAL policy - Abstract
In light of Afghan environmental legislation and policy, the goal of this study is to analyze the citizenship rights of individuals with disabilities in the urban environment. It examines the issues faced by the disabled, particularly the physically challenged, who live in Afghanistan's cities in order to achieve this goal. The government's existing laws and regulations also include preparing for these issues. A descriptive-analytical approach has been adopted in the investigation. In this regard, the researcher has utilized the library study method to explain the concepts and give a theoretical framework to assess the course of domestic legislation after evaluating the development of domestic and international laws. This article comes to the conclusion that the physical and administrative requirements of disabled people cannot be met in Afghan cities. Think about the sidewalks. In reality, a wheelchair user is unable to use the sidewalks. Wheelchair users' rights have been violated as a result of the obstacles that the town has put in place to keep motorcycles off the pavements. Think about the sidewalks; in reality, a wheelchair user cannot utilize them. The right of wheelchair users has essentially been infringed due to the obstructions put in place by the municipality to prevent motorcycle riders from using the sidewalks. There are few organizations in the road and construction engineering sector, particularly in government departments, that have measured the essential facilities and measures for the disabled in their structures. The law of motion is one of the acknowledged tenets among philosophers. They hold the view that everything in the universe is in motion and that each living thing is gradually evolving to realize its potential. Therefore, all facets of society should have access to the amenities required for advancement. This rule applies to everyone, including those with disabilities, and the urban environment must be created and modified in a way that allows them to utilize all of its amenities. The road system in every city is what connects all of the metropolitan areas, and by making it accessible to people with disabilities, many of their difficulties are resolved. In cities, disabled persons are assessed. The necessary design requirements for people with disabilities are then presented. [ABSTRACT FROM AUTHOR]
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- 2023
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9. Mercosur and Environment: progress in promoting the Sustainable Development Goals and the 2030 Agenda.
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Nitsch Bressan, Regiane and Leite Garcia, Tatiana de Souza
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ENVIRONMENTAL law , *ENVIRONMENTAL policy , *ENVIRONMENTAL economics - Abstract
This article aims to reveal how the UN's 2030 Agenda and the Sustainable Development Goals (SDGs), especially the environmental ones, are being incorporated into Mercosur. Firstly, the paper presents a brief evolution of the environmental agenda in the history of Mercosur. Then, to subsidise the analysis, using quantitative data, we discussed the gradual incorporation of the SDGs in the different Mercosur bodies. In order to understand the evolution of the environmental SDGs, the research required the collection and analysis of qualitative data within the framework of the Environment Working Subgroup (SGT-6), which revealed the main environmental issues and their interrelationship with the 2030 Agenda. Finally, Brazil's role and the prospects for the environmental agenda in Mercosur are discussed. [ABSTRACT FROM AUTHOR]
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- 2023
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10. Environmental law review 2023 quarterly comment by trinity chambers.
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Adams, Verity LJ, Haywood, Michael, and Ismail, Sarah
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ENVIRONMENTAL law , *WIND power , *LAW reviews , *SMART power grids , *GOVERNMENT policy , *CONTRACTS , *ENVIRONMENTAL health - Abstract
Https://eur-lex.europa.eu/legal-content/EN/TXT/?uri = CELEX%3A32023D0245&qid = 1682245433975 Regulation (EU) 2023/435 of the European Parliament and of the Council of 27 February 2023 am... PE/80/2022/REV/1 Targeted amendments were introduced to Regulation (EU) 2021/241 (RRF Regulation) to integrate dedicated REPowerEU chapters in Member States' existing National Recovery Resilience Plans. Https://eur-lex.europa.eu/legal-content/EN/TXT/?uri = CELEX%3A32023R0003&qid = 1682245433975 Decision (EU) 2023/136 of the European Parliament and of the Council of 18 January 2023 amend... PE/61/2022/REV/1 This introduces an amendment to aviation rules in the EU Emissions Trading System to implement Member States' notification to EU-based airlines of the offsetting for the year 2021 under the Carbon Offsetting and Reduction Scheme for International Aviation of the International Civil Aviation Organisation. This Decision set out the report format referred to in Article 12(1). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri = CELEX%3A32023D0695&qid = 1682245433975 Commission Decision (EU) 2023/705 of 29 March 2023 amending Decisions (EU) 2017/175 and (EU)... C/2023/2067 This updated Decisions (EU) 2017/175 and (UE) 2018/680 to account for changes to legislation. Keywords: Environmental law; Environmental policy; EU law; Subject: Environment; Other related subjects: European Union EN Environmental law Environmental policy EU law Subject: Environment Other related subjects: European Union 162 192 31 06/20/23 20230601 NES 230601 EDITORIAL Yet another new year has rolled in, bringing with it both old and new problems. [Extracted from the article]
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- 2023
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11. Tributos ecológicos en América Latina: Una fundamentación desde la ecoética.
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Barrera Egoavil, Julio Rafael, Huaytan Jaramillo, Afranio Uriel, and Quintero Pereira, Zoraima Emperatriz
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ECOLOGY , *ENVIRONMENTAL ethics , *ENVIRONMENTAL protection , *ENVIRONMENTAL policy , *ENVIRONMENTAL law , *GOVERNMENT policy , *HUMANITY - Abstract
The concern about the relationship between environmental problems and moral reflection is not new, however, it has been treated from the legal specificity. Importance has been given to the economic aspect because the environmental tax is necessary in the collection of the different countries. But there is no moral foundation for ecological taxes. The lack of moral basis leads to distortion and easy access to commercial interests or, failing that, to distortion. Thus, the set of values supported by ecoethics allows public policies to have greater clarity and orientation at the time of planning all ecological legislation. [ABSTRACT FROM AUTHOR]
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- 2023
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12. Environmental Justice in Cumulative Impacts Analysis.
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Uno, Hayley
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ENVIRONMENTAL justice , *ENVIRONMENTAL impact analysis , *ENVIRONMENTAL law , *ENVIRONMENTAL policy , *ENVIRONMENTAL quality - Abstract
The article analyzes the adequacy of cumulative impact analysis (CIA) to account for environmental justice concerns. Topics discussed include role of CIA in environmental review law, CIA framework under the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA), inadequacy of CIA under NEPA and CEQA to address environmental justice concerns, and proposed modifications to CIA requirements to address environmental justice concerns in environmental assessment.
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- 2023
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13. The Genre View of Public Lands: The Case of National Monuments.
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Tenen, Levi
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NATIONAL monuments , *LAND management , *PUBLIC lands , *PUBLIC spaces , *ENVIRONMENTAL law , *ENVIRONMENTAL policy - Abstract
In this article, I begin developing what I call the genre view of public lands. It holds that public land designations fall into different genres of land management. I focus on one designation in particular—US national monuments created under the Antiquities Act—to develop the view and illustrate its significance. I characterize the national monument genre in terms of two norms stated in the Act and show how they shape public space in distinctive ways. I then illustrate how the genre view opens avenues for evaluating land designations. By way of example, I evaluate national monuments according to aesthetic considerations. I argue that the genre is, perhaps surprisingly, aesthetically vexed and that there is an aesthetic reason for presidents to depart from the original intent and meaning of the Act. This also lends support for some of the most controversial national monuments. Drawing from case law, I then show how aesthetic evaluations may hold legal weight. Such considerations can also influence decisions about whether to protect an area as a monument. In these ways, the genre view offers a framework for philosophers, and particularly aestheticians, to contribute to environmental law and policy. [ABSTRACT FROM AUTHOR]
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- 2023
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14. Quarterly Comment by Trinity Chambers.
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Adams, Verity LJ, Haywood, Michael, and Ismail, Sarah
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WIND power , *CULLING of animals , *CONSUMER behavior , *GOVERNMENT policy , *REASONABLE care (Law) , *BUSINESS planning , *ENVIRONMENTAL protection - Abstract
Keywords: Environmental law; environmental policy; EU law; Subject: Environment, Other related subjects: European Union EN Environmental law environmental policy EU law Subject: Environment, Other related subjects: European Union 66 91 26 03/27/23 20230301 NES 230301 EDITORIAL The end of what has been a rather tumultuous year, both in terms of politics and weather, was unsurprisingly just as chaotic. Second Reading To Be Announced.
ht EU LEGISLATION AND TEXTS Regulation (EU) 2022/2343 of the European Parliament and of the Council of 23 November 2022 l... This Regulation implements into Union law management, conservation and control measures established by the IOTC that are binding on the Union. The court also held that the question whether a plan or project would adversely affect the integrity of a European-protected site was always a matter of judgement for the competent authority, and the court was neither entitled nor equipped to make this judgement. 23 Climate Change Agreements (Administration) Regulations 2012, which gave the first-tier tribunal the power to hear appeals to reduce the amount of financial penalty imposed, only permitted such a reduction if the first-tier tribunal found that the Environment Agency had miscalculated the penalty. [Extracted from the article] - Published
- 2023
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15. Where Environmental Citizen Science Meets the Law.
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KASPEROWSKI, DICK, SUMAN, ANNA BERTI, SHUN-LING CHEN, and KULLENBERG, CHRISTOPHER
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ENVIRONMENTAL policy , *CITIZEN science , *ENVIRONMENTAL justice , *CIVIL society , *ENVIRONMENTAL monitoring , *REPRESENTATIVE government - Abstract
Editorial for the special collection Where Environmental Citizen Science Meets The Law. [ABSTRACT FROM AUTHOR]
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- 2023
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16. When Concerned People Produce Environmental Information: A Need to Re-Think Existing Legal Frameworks and Governance Models?
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SUMAN, ANNA BERTI, BALESTRINI, MARA, HAKLAY, MUKI, and SCHADE, SVEN
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CITIZEN science , *ENVIRONMENTAL policy , *DATA analysis , *ENVIRONMENTAL databases - Abstract
When faced with an environmental problem, locals are often among the first to act. Citizen science is increasingly one of the forms of participation in which people take action to help solve environmental problems that concern them. This implies, for example, using methods and instruments with scientific validity to collect and analyse data and evidence to understand the problem and its causes. Can the contribution of environmental data by citizens be articulated as a right? In this article, we explore these forms of productive engagement with a local matter of concern, focussing on their potential to challenge traditional allocations of responsibilities. Taking mostly the perspective of the European legal context, we identify an existing gap between the right to obtain environmental information, granted at present by the Aarhus Convention, and "a right to contribute information" and have that information considered by appointed institutions. We also explore what would be required to effectively practise this right in terms of legal and governance processes, capacities, and infrastructures, and we propose a flexible framework to implement it. Situated at the intersection of legal and governance studies, this article builds on existing literature on environmental citizen science, and on its interplay with law and governance. Our methodological approach combines literature review with legal analysis of the relevant conventions and national rules. We conclude by reflecting on the implications of our analysis, and on the benefits of this legal innovation, potentially fostering data altruism and an active citizenship, and shielding ordinary people against possible legal risks. [ABSTRACT FROM AUTHOR]
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- 2023
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17. Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa.
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Soyapi, C. B.
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ENVIRONMENTALISM , *CLIMATE change , *LEGAL judgments , *ENVIRONMENTAL law , *ENVIRONMENTAL policy - Abstract
In this paper my thought experiment leads me to posit that South Africa's environmental governance often results in what I term "hollow environmentalism". This term describes the inevitable long-term outcome of promulgating laws and policies that are idealistic and seem symbolic and that at times fail to achieve their intended objectives or environmental promise. On a narrower scale, hollow environmentalism can also manifest when such symbolic environmental laws and policies lead to judicial decisions that lack substantive ecological justifications, perhaps even resembling symbolic judgments. I substantiate this argument through four key considerations. I commence with a reality check on environmental governance, emphasising that the state is not a neutral actor, necessitating closer scrutiny of state decisions. This leads me to the conclusion that governance stands at a critical juncture. I argue that the symbolic nature of our environmental laws, broadly speaking, often makes it challenging for the state to fully meet the lofty ideals it presents, thereby also complicating court decisions in these matters. Next, I align my thoughts with recent literature on adjudication in the context of the climate crisis. This literature stresses the need for courts to be bold and innovative in their judicial roles, given the precarious nature of stabilising environmental disputes. In the penultimate section I bring the discussion to a close by suggesting two interconnected possibilities to address hollowness in the face of climate change: "sunsetting" and "substitution". [ABSTRACT FROM AUTHOR]
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- 2023
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18. The Use of Ecosystem Services Model in Sustainable Coral Reefs Management: Some Legal Reflections.
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Pramudianto, Andreas, Saiya, Halvina Grasela, Pramesi, Pulina Nityakanti, and Muchtar, Farah Syuraih
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CORAL reef management , *CORAL reef conservation , *CORAL reefs & islands , *ECOSYSTEM management , *CORALS , *ECOSYSTEM services , *ENVIRONMENTAL policy , *ECOSYSTEMS - Abstract
Coral reefs need strong management and protection efforts. However, public awareness and legal instruments concerning coral reefs are still insufficient. An ecosystem service model perspective is needed for the optimum management of that ecosystem. This study examined the relationship between ecosystem services management in international, national and local environmental laws and the coral reef ecosystem. An analytical descriptive qualitative method with the environmental services model and statutory regulation approaches was used. The researcher found a good relationship between the ecosystem services management in the international, national and local environmental laws and the policy planning concerning the sustainable development of the coral reef ecosystem. However, not all of the existing regulations support the environmental services model. It is because the regulatory framework is not complete, and existing norms do not support the efforts to improve people's welfare. [ABSTRACT FROM AUTHOR]
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- 2023
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19. Environmental Law Review 2022 Quarterly Comment by Trinity Chambers.
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Adams, Verity LJ, Haywood, Michael, and Ismail, Sarah
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ENVIRONMENTAL law , *BROWNFIELDS , *WOOD pellets , *LAW reviews , *GOVERNMENT policy , *BRITISH withdrawal from the European Union, 2016-2020 ,EUROPEAN Convention on Human Rights - Abstract
Https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022D1244&qid=1666536011124 Commission Implementing Regulation (EU) 2022/1203 of 12 July 2022 amending Implementing Regul... Commission Implementing Regulation (EU) 2016/1141 (2) establishes a list of invasive alien species of Union concern ("the Union list"), which is to be kept updated as appropriate, in accordance with Article 4(2) of Regulation (EU) No 1143/2014. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R1203&qid=1666536011124 Commission Decision (EU) 2022/1229 of 11 July 2022 amending Decisions 2014/312/EU, 2014/391/E... Regulation (EC) No 66/2010 provides that the EU Ecolabel may be awarded to products with a reduced environmental impact during their entire life cycle. Keywords: Environmental law; Environmental policy; EU law; Environment; European Union EN Environmental law Environmental policy EU law Environment European Union 321 342 22 12/06/22 20221201 NES 221201 EDITORIAL Amidst what was a plethora of resignations and subsequent appointments (many times over) and a virtual rotating door of Prime Ministers it is surprising that any meaningful work was done in respect of the environment. Https://environment.yale.edu/news/article/architect-paris-agreement-discusses-nexus-law-and-climate-change "UK environment laws under threat in "deregulatory free-for-all"", The Guardian, 23 September... Hundreds of Britain's environmental laws covering water quality, sewage pollution, clean air, habitat protections and the use of pesticides are lined up for removal from UK law under a government bill. https://www.theguardian.com/environment/2022/sep/23/uk-environment-laws-under-threat-in-deregulatory-free-for-all. [Extracted from the article]
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- 2022
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20. Comparative Study of Environmental Challenges of Urmia Lake and Aral Lake in order to Protect and Rehabilitate Urmia Lake.
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Doratotaj, Kimiasadat, Zare, Ali, and Pournouri, Mansour
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WETLANDS , *DUST storms , *WATER levels , *COMPARATIVE studies , *ENVIRONMENTAL policy ,CONVENTION on Wetlands of International Importance Especially as Waterfowl Habitat (1971) - Abstract
One of the main issues of the present age is the environment and understanding its significant contribution to our lives. The environment has currently found a special place and importance. Wetlands are one of the most valuable ecosystems on earth, offering a wide range of biodiversity. The Ramsar Convention on Wetlands was signed in 1971 due to the special status and value of this ecosystem. One of the largest wetlands on the list of conventions is Lake Urmia, which Iran has committed to protect and use reasonably. However, natural and human factors, including the construction of the Shahid Kalantari Highway and dozens of dams and the agricultural sector, have led to numerous environmental challenges such as the reduction of the lake area, and the reduction of the lake water level, and the production of harmful dust storms. Accordingly, the present study examined the domestic and international laws concerning Lakes Urmia and Aral to present a suitable solution for the environmental challenges of Lake Urmia, along with its conservation and rehabilitation. [ABSTRACT FROM AUTHOR]
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- 2022
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21. Quarterly Comment by Trinity Chambers.
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Adams, Verity L. J. and Mellor, Shada
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NATURAL gas prospecting , *WIND power , *ELECTRONIC waste , *REASONABLE care (Law) , *WATER power , *SCIENTIFIC knowledge - Abstract
20 June 2022 Environment, Food and Rural Affairs Committee Tree Planting: Government Response to the Committee's Third Report of Session 2021-22 The Government welcomed the Committee's report on tree planting and reiterated its commitment to the England Trees Action Plan (ETAP).6 June 2022 28 March 2022 Department for Environment, Food and Rural Affairs Designation of National Highways as a relevant public authority The consultation was seeking views on the proposal to designate National Highways as a relevant public authority. Keywords: Environmental law; Environmental policy; EU law EN Environmental law Environmental policy EU law 235 260 26 08/25/22 20220901 NES 220901 B Subject b : Environment, B Other related subjects b : European Union B EDITORIAL b After a strong start to the year, with a plethora of Bills being introduced, things slowed to a more sedate pace.21 June 2022 Environmental Audit Committee Greening imports: a UK carbon border approach: Government Response to the Committee's Fifth Report of Session 2021-22 The Government reacted positively to the EAC's report on carbon border adjustment mechanisms. [Extracted from the article]- Published
- 2022
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22. US environmental law and policy trends in 2021 and what they might mean for Australia.
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Camenzuli, Louise, Green, Julia, and Johnson, Alice
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ENVIRONMENTAL law , *CLIMATE change laws , *ENVIRONMENTAL policy , *CLIMATE change conferences , *LAW reform - Abstract
Throughout 2021, the Biden administration has pursued a series of key climate change and environmental justice initiatives. Given that, historically, American environmental law developments have long been acknowledged as influential for Australia, it is expected that the Biden administration's initiatives will shape the trajectory of Australian climate change and environmental law in the future. This opinion piece distils the detail of the Biden administration's actions across the spheres of executive orders, agency appointments, the Glasgow Climate Change Conference (COP26), regulatory measures and law reform to analyse the emerging precedent and prospective implications for Australian law. [ABSTRACT FROM AUTHOR]
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- 2022
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23. Quarterly Comment by Trinity Chambers.
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Crowe, Matthew R, Adams, Verity, Mellor, Shada, and Chambers, Trinity
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ENVIRONMENTAL risk , *EMISSIONS (Air pollution) , *CONSUMPTION (Economics) , *AGRICULTURAL pollution , *GOVERNMENT policy , *WATER power - Abstract
ht EU LEGISLATION AND TEXTS Commission Delegated Regulation (EU) 2022/648 of 15 February 2022 amending Annex XI to Regula... This Regulation sets out the amount of money each Member State will receive from the European Agricultural Fund for Rural Development to invest in common agricultural policies, as set out in Regulation (EU) 2021/2115 between 2023 to 2027. When, as part of the authorisation procedure for a program or project, the competent national authorities determine that it is likely to cause "deterioration", within the meaning of art.4(1), under a), i), of this directive and as interpreted by the Court, of the state of a body of surface water, this program or this project may only be authorised if the conditions provided for in art.4(7)(a) to (d) of that directive are fulfilled. Keywords: Environmental law; Environmental policy; EU law; Subject; Environment; Other related subjects: European Union EN Environmental law Environmental policy EU law Subject Environment Other related subjects: European Union 136 167 32 06/07/22 20220601 NES 220601 EDITORIAL A lively parliamentary start to 2022 saw a litany of Bills introduced into the UK Parliament, Northern Ireland Assembly and Scottish Parliament. [Extracted from the article]SSI 1 April 2022 Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2022 (SSI 2022/46) This Order specifies the standard rate and lower rate for Scottish landfill tax for disposals on or after 1 April 2022. - Published
- 2022
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24. Barking Up the Wrong Tree: Financial Transparency and Accountability in the Forest Service's NEPA Reviews.
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Vejjajiva, Waen
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ENVIRONMENTAL policy , *FINANCIAL disclosure , *FOREST management , *GRASSLANDS , *ENVIRONMENTAL law , *LOGGING - Abstract
The United States Forest Service (USFS) is the federal agency responsible for overseeing all national forests and grasslands. The agency's forest management duties rest on a careful balancing of interests. On numerous occasions, this balance has tipped in favor of the agency's timber harvesting goals while moving further away from environmental protection. The agency's decision making, under the framework of the National Environmental Policy Act (NEPA), captures this development in several cases. NEPA calls for the agency to conduct objective and detailed environmental reviews of any major actions that it proposes. Fulfilling this responsibility has been compromised by financial incentives that arise from the agency's budget structure. Such incentives prompt an inquiry into whether the agency can approach NEPA reviews on logging projects as a neutral decision maker. This inquiry becomes especially pertinent as environmental concerns increase and forest management grows more contentious. Are financial incentives so entrenched in the agency's timber harvesting and sale activities that it should bear no responsibility at all for conducting environmental reviews of these activities? This Note argues for transferring the duty to conduct such NEPA reviews to another agency entirely, the Environmental Protection Agency. After describing the USFS's relationship to logging and NEPA, this Note provides and evaluates a proposal for reassigning NEPA duties, with the goal of ensuring more objective and transparent environmental reviews. [ABSTRACT FROM AUTHOR]
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- 2022
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25. Quarterly Comment by Trinity Chambers.
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Chambers, Trinity
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ENVIRONMENTAL risk , *POLLUTION prevention , *EMISSIONS (Air pollution) , *GOVERNMENT policy - Abstract
Keywords: Environmental law; Environmental policy; EU law; Subject; Environment; Other related subjects; European Union EN Environmental law Environmental policy EU law Subject Environment Other related subjects European Union 52 81 30 03/22/22 20220301 NES 220301 EDITORIAL The government's beleaguered flagship I Environment Act 2021 i has finally received royal assent. Https://www.bailii.org/scot/cases/ScotCS/2021/2021 CSOH 112.html EU CASE LAW PlasticsEurope v European Chemicals Agency, Appeal C-876/19 P, Judgment of the Court (Ninth C... The European Court of Justice dismissed a final appeal by the trade association PlasticsEurope against EU regulators' decision to class bisphenol-A (BPA) as a "substance of very high concern" due to its endocrine disrupting properties. Https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-373/20 Biofa AG v Sikma D. Vertriebs GmbH und Co. KG, C-29/20, Judgment of the Court (First Chamber)... This request for a preliminary ruling concerned the interpretation of Articles 3(1)(a) and 9(1)(a) of Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products. [Extracted from the article]
- Published
- 2022
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26. Quarterly Comment by Trinity Chambers.
- Author
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Crowe, Matthew R. and Percy-Raine, Henry
- Subjects
- *
CULLING of animals , *BIOSECURITY , *BRITISH withdrawal from the European Union, 2016-2020 , *ELECTRONIC waste - Abstract
Keywords: Environmental law; Environmental policy; EU law; Subject; Environment; Other related subjects; European Union EN Environmental law Environmental policy EU law Subject Environment Other related subjects European Union 350 366 17 12/14/21 20211201 NES 211201 EDITORIAL Over the summer period, a catalogue of changes have been put in motion. Https://op.europa.eu/en/publication-detail/-/publication/296b6d9a-092c-11ec-b5d3-01aa75ed71a1/language-en B I Commission Implementing Decision (EU) 2021/1384 of 13 August 2021 on the request for registration of the European citizens' initiative entitled 'ReturnthePlastics: A Citizen's Initiative to implement an EU-wide deposit-system to recycle plastic bottles' pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council (notified under document C(2021) 5953) i b This decision concerns a request for registration of a European citizens' initiative entitled 'ReturnthePlastics: A Citizen's Initiative to implement an EU-wide deposit-system to recycle plastic bottles', which was submitted to the Commission on 2 July 2021. Https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D1211 B I Commission Regulation (EU) 2021/1199 of 20 July 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards polycyclic-aromatic hydrocarbons (PAHs) in granules or mulches used as infill material in synthetic turf pitches or in loose form on playgrounds or in sport applications i b This Regulation amends Annex XVII to Regulation (EC) No 1907/2006 in accordance with a new annex. [Extracted from the article]
- Published
- 2021
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27. REFORM OF THE RULES FOR THE RISING SEAS.
- Author
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Iorns, Catherine
- Subjects
- *
CLIMATE change , *ENVIRONMENTAL law , *ENVIRONMENTAL policy , *RESOURCE management , *ABSOLUTE sea level change - Abstract
New Zealand's existing law and policy is not adequate to provide for appropriate adaptation to the effects of climate change. There have been widespread calls for law reform, particularly to the laws affecting local government decision-making on the adoption of climate adaptation mechanisms, such as the Resource Management Act 1991 (RMA). The author is one researcher who has identified the need for law reform in this area, focusing on the (in)ability of the RMA to deal with the adaptation necessary to handle the expected effects of sea-level rise. In July 2020 an independent Resource Management Review Panel (the Randerson panel) recommended replacing the current Resource Management Act with a completely new resource management system and suite of laws. One of the topics addressed in the Panel's 531-page report is law reform for climate adaptation. The Panel recommended the adoption of a separate Climate Adaptation and Managed Retreat Act to enable better decision-making processes and results. The government has adopted the Panel's recommendations and is in the process of drafting legislation to implement them. This article addresses how well the proposed reforms address the specific needs for reform identified in the author's prior work on this topic. [ABSTRACT FROM AUTHOR]
- Published
- 2021
28. The Theory of Worldviews from an Environmental Law Perspective.
- Author
-
Bányai, Orsolya
- Subjects
- *
ENVIRONMENTAL law , *LEGAL research , *ENVIRONMENTAL policy , *HUMAN rights , *TRANSFORMATIVE learning - Abstract
It emerges from this article that the concept of worldviews has the potency of different applications for environmental law scholars. Firstly, it can serve as an excellent theoretical framework for environmental law research. Secondly, environmental law can be further improved. Thirdly, the concept draws attention to the importance of inner/subjective factors of environmental policy and legislation. Fourthly, the concept supports the importance of an authentic deep transformation in our societies, and the promotion of an integrative worldview in order to help this transformational process. Finally, while an integrative worldview is strengthened, basic human rights shall be respected. [ABSTRACT FROM AUTHOR]
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- 2021
- Full Text
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29. “COMENTARIO SOBRE LAS GARANTÍAS FINANCIERAS OBLIGATORIAS ESTABLECIDAS EN LA LEY DE RESPONSABILIDAD MEDIOAMBIENTAL ESPAÑOLA Y SU APLICACIÓN”.
- Author
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Mandiá Orosa, José Antonio
- Subjects
- *
ENVIRONMENTAL responsibility , *INSURANCE policies , *LEGAL liability , *ENVIRONMENTAL policy , *ENVIRONMENTAL law - Abstract
This paper is aimed at examining, albeit briefly, the method, content and application of the mandatory financial guarantees imposed on operators by Law 26/2007, of October 23, on Environmental Responsibility (hereinafter LRM). We propose the need to subscribe in one of its modalities to every operator included in Annex III of the Law, highlighting three of its fundamental aspects: its requirement, its application and its purpose. Taking into account the principle of “whoever pollutes pays”, it is necessary for any operator that starts an activity with a significant risk to the environment, to subscribe to one of the modalities of the guarantees established in sections a), b) and c) of art. 26 of the LRM, to meet the obligations and responsibilities that the Law imposes on it as an operator. What is sought with these guarantee modalities is to ensure that the operator whose activity presents a greater potential of risk for the environment, can have the economic resources necessary to face environmental responsibilities and the high costs that adoption entails. of such measures to maintain a healthy and sustainable environment. Reference should be made to the environmental insurance policy, as the most common form of financial guarantees. Due to its characteristics and unique nature, it requires specific treatment. Therefore, we consider that, if these guarantees are not made mandatory, the environmental protection system established in the LRM would be significantly damaged. [ABSTRACT FROM AUTHOR]
- Published
- 2021
30. BANKS AND CLIMATE GOVERNANCE.
- Author
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Light, Sarah E. and Skinner, Christina P.
- Subjects
- *
BANKING laws , *ENVIRONMENTAL law , *ENVIRONMENTAL protection , *ENVIRONMENTAL policy , *CLIMATE change - Abstract
Major banks in the United States and globally have begun to assert an active role in the transition to a low-carbon economy and the reduction of climate risk through private environmental and climate governance. This Essay situates these actions within historical and economic contexts: It explains how the legal foundations of banks' sense of social purpose intersect with their economic incentives to finance major structural transitions in society. In doing so, this Essay sheds light on the reasons why we can expect banks to be at the center of this contemporary transition. This Essay then considers how banks have taken up this role to date. It proposes a novel taxonomy of the various forms of private environmental and climate governance emerging in the U.S. banking sector today. Finally, this Essay offers a set of factors against which to normatively assess the value of these actions. While many scholars have focused on the role of shareholders and equity in private environmental and climate governance, this Essay is the first to position these steps taken by banks within that larger context. [ABSTRACT FROM AUTHOR]
- Published
- 2021
31. Quarterly Comment By Trinity Chambers.
- Author
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Crowe, Matthew R, Najah, Parissa, Hopkins, Matthew, and Abladey, Patience
- Subjects
- *
ENVIRONMENTAL impact charges , *SMART power grids , *GREENHOUSE gas mitigation , *CLIMATE change mitigation - Abstract
The Regulations further set out energy labelling requirements for light sources and are a product-specific measure for the purposes of Regulation 2017/1369 setting a framework for energy labelling.
SI 29/7/2021 International Waste Shipments (Amendment of Regulation (EC) No 1013/2006 and 1418/2007) Regulations 2021 (SI 2021/785) These Regulations amend the Annex to Regulation 1418/2007 to set out export control procedures for a new category of sorted, non-hazardous, plastic waste classified as "B3011". SI 1/10/2021 Hydrocarbon Oil and Biofuels (Northern Ireland Private Pleasure Craft) Regulations 2021 (SI 2021/780) These Regulations make provision about the use of fuel in private pleasure craft. Keywords: Environmental law; Environmental policy; EU law; Subject; Environment; Other related subjects; European Union EN Environmental law Environmental policy EU law Subject Environment Other related subjects European Union 272 296 25 11/15/21 20210901 NES 210901 EDITORIAL The G7 summit, the Queen's Speech and the Environment Bill all made appearances this quarter. The Bill further aims to place further restrictions on energy pricing. Bill First reading 21/06/21 Clean Air Targets (World Health Organization Guidelines) Bill 2021-22 (HC Bill 52) A Bill to require UK clean air targets to comply with World Health Organization guidelines. [Extracted from the article] - Published
- 2021
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32. THE UNITED STATES CLIMATE CHANGE POLICIES AND COVID-19: POISONING THE CURE.
- Author
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Arlota, Carolina
- Subjects
- *
CLIMATE change , *ENVIRONMENTAL policy , *ENVIRONMENTAL law , *COVID-19 pandemic - Abstract
Climate change is complex during the best of times. It is commonly conceptualized as the quintessential global collective action problem: it affects those who do not contribute to it while the benefits of climate change mitigation measures are not restricted to those who pursue such measures. This conceptualization illustrates the high transaction costs involved in domestic policies as well as in international agreements addressing climate change, and it is of academic and practical interest. As such, this Article discusses the current challenges that climate change policies face, focusing on the linkages between the climate change policies of the Trump administration and the COVID-19 pandemic and on the effects of those linkages, both in the United States and globally. Specifically, this Article addresses the Trump administration's attacks on climate science and its deregulatory climate agenda, as well as the United States' withdrawal from the Paris Agreement on Climate Change. In addition, it discusses principles of international law and the challenges related to state liability for environmental harms in the context of the COVID-19 crisis. This Article also assesses how the United States' climate policies are likely to aggravate inequalities both domestically, as well as globally, in the aftermath of the pandemic. This Article offers several original contributions. First, it provides a unique assessment of how the deregulatory climate policies implemented nationally and internationally by the Trump administration have magnified the COVID-19 crisis. Second, the law and economics methodology used in this Article validates the claim that improving environmental quality is connected to optimizing early regulatory action. Third, this Article discusses the challenges of state liability for climate harms in the aftermath of the United States' withdrawal from the Paris Agreement and concurrent COVID-19 pandemic. Finally, this Article offers relevant insights for the literature on climate change that are likely to be applicable to critical future situations, whether they are health-related, a global economic crisis, or climate-related emergencies. Ultimately, this Article concludes that, in the aggregate, all such climate change policies have contributed to increased pollution, including elevated greenhouse gas emissions that have aggravated pre-pandemic inequalities embedded within the United States and among countries. Consequently, the domestic and international policy choices of the Trump administration are worsening the impact of the pandemic, particularly for those in more vulnerable positions, as well as indelibly poisoning the global commons. [ABSTRACT FROM AUTHOR]
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- 2021
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33. The EU's Environmental Implementation Review: An Emerging Tool for Supervising Policy Delivery.
- Author
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Hedemann-Robinson, Martin
- Subjects
- *
LAW enforcement , *ENVIRONMENTAL law , *ENVIRONMENTAL policy ,ENVIRONMENTAL compliance - Abstract
The aim of this short article is to provide a brief overview and reflections on the European Union's relatively recent introduction of a biennial Environmental Implementation Review (EIR) cycle as part of its activities in monitoring EU Member States' (MS) implementation of Union environmental law and policy. The EIR reflects an increased level of interest on the part of the Union in seeking to identify ways in which MS may improve upon their track records in implementing EU environmental legislative requirements at national level. Notably, it envisages a more intense form of engagement and dialogue on the part of the European Commission with MS authorities on identifying strengths and weaknesses in terms of individual MS performance as well as identifying common challenges at national level. The article assesses what key outcomes may have emerged thus far with the two EIR cycles that have been completed and how the EIR relates to the other principal supranational supervisory tool used by the EU for the purpose overseeing compliance with the EU environmental acquis, namely the use of law enforcement action via infringement proceedings. Ultimately, the article posits the view that the tools of EIR and law enforcement may be best seen to be in a complementary and mutually supportive relationship, each needing the other to be able to make a sufficient impression and impact on MS in terms of inducing them to address the subject of implementation with the degree of importance and urgency it deserves. [ABSTRACT FROM AUTHOR]
- Published
- 2021
34. Quarterly Comment by Trinity Chambers.
- Author
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Crowe, Matthew R., Najah, Parissa, Mellor, Shada, Percy-Raine, Henry, and Cottrell, Jack
- Subjects
- *
COMMERCIAL building energy consumption , *INDUSTRIAL pollution , *BRITISH withdrawal from the European Union, 2016-2020 , *LIMITED liability partnership , *PESTICIDE resistance - Abstract
The date on which that transitional provision expires is amended from 31 March 2021 to 31 December 2021.
SI TBD Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (SI 2021 Draft) These Regulations amend financial services legislation relating to the auctioning of emissions allowances, to ensure that the rules which applied to the auctioning of emissions allowances created as part of the EU Emissions Trading Scheme will continue to work in the UK in relation to the auctioning of allowances created under the UK Emissions Trading Scheme established under the Greenhouse Gas Emissions Trading Scheme Order 2020. SSI 29 January 2021 Single Use Carrier Bags Charge (Coronavirus) (Scotland) Amendment Regulations 2021 (SSI 2021/53) These Regulations amend the Single Use Carrier Bags Charge (Scotland) Regulations 2014 Regulation 7(2) by replacing the date on which the provision ceases to have effect with 31 May 2021. The local authority's screening officer concluded that no environmental impact assessment (EIA) was necessary, as the development was not EIA development within the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 Regulation 3, not being likely to have significant environmental effects. [Extracted from the article] - Published
- 2021
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35. Planetary boundaries at the intersection of Earth system law, science and governance: A state‐of‐the‐art review.
- Author
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Kim, Rakhyun E. and Kotzé, Louis J.
- Subjects
- *
EARTH system science , *SOCIAL science research , *ENVIRONMENTAL regulations , *ENVIRONMENTAL law , *ENVIRONMENTAL policy - Abstract
First developed in Earth system science, the idea of planetary boundaries has gradually spilled over into social science research in the past decade. An interdisciplinary body of literature has emerged as a result at the intersection of Earth system science, law and governance. In this article, we provide a bird's eye view of the state of the art, and examine how social scientists frame the planetary boundaries framework and what they identify as key regulatory challenges and implications. To that end, we conducted a systematic review of 80 peer‐reviewed articles identified through a keyword search. Our survey finds that social scientists have approached the planetary boundaries framework using four key problem framings, which revolve around the notion of planetary boundaries as embodying a set of interdependent and politically constructed environmental limits that are global in scale. We also identify four key clusters of governance solutions offered in the literature, which broadly relate to the ideas of institutionalizing, coordinating, downscaling and democratizing planetary boundaries. We then apply the foregoing insights to the legal domain and explore their implications for law. More specifically, we discuss how the recently proposed notion of Earth system law is related to these emerging problem framings and how it might contribute to these responses. [ABSTRACT FROM AUTHOR]
- Published
- 2021
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36. Conservation agreements and environmental governance: The role of nongovernmental actors.
- Author
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Boonrueang, Surasak and Reid, Colin
- Subjects
- *
ENVIRONMENTAL regulations , *ENVIRONMENTAL law , *JURISDICTION , *CONSERVATION & restoration , *ENVIRONMENTAL policy - Abstract
This article explores how conservation agreements can be used to examine the trend towards environmental governance by multiple players, where nongovernmental bodies play a part in environmental regulation. The laws authorizing the creation of a conservation agreement in three jurisdictions, namely New South Wales (Australia), Scotland (United Kingdom) and Maine (United States), move away from regulation by government, where governmental bodies play the pivotal role in environmental governance, towards governance by multiple players. This article illustrates how the different legal features regarding who can create, oversee and enforce a conservation agreement reflect different styles and levels of engagement in environmental regulation. The Australian law represents a model of nature conservation heavily relying on governmental regulation. This is different from the United States model, where nongovernmental bodies play a significant role in the burgeoning use of conservation agreements. The Scottish model is placed somewhere between those in that while it confers the primary role on specified governmental bodies, some nongovernmental conservation bodies can in some circumstances be designated to fulfil the same function. The different levels of participation by governmental and nongovernmental bodies discussed in this article reveal strengths and weaknesses in involving different ranges of actors in environmental governance and point to lessons as other jurisdictions consider embracing conservation agreements to support their conservation policy. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
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37. Quarterly Comment by Trinity Chambers: Trinity Chambers, Newcastle Alice Richardson, Matthew R. Crowe, Parissa Najah, Shada Mellor and Jack Cottrell.
- Author
-
Richardson, Alice, Crowe, Matthew R., Najah, Parissa, Mellor, Shada, and Cottrell, Jack
- Subjects
- *
FISHERY management , *PACKAGING recycling , *NATURAL resources , *TRADE regulation , *GOVERNMENT policy , *PESTICIDE resistance , *ENVIRONMENTAL protection - Published
- 2021
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38. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES: USING LAW AND POLICY TO ADDRESS THESE ENVIRONMENTAL HEALTH HAZARDS IN THE UNITED STATES.
- Author
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Black, Jennifer, Moreland, Amanda, Ransom, Montrece McNeill, and Sanchez, Emely
- Subjects
- *
HAZARDOUS substance laws , *ENVIRONMENTAL health laws , *ENVIRONMENTAL law , *ENVIRONMENTAL policy , *PERFLUOROOCTANOIC acid - Abstract
The article describes some of the legal and policy approaches that have been taken to phase out and regulate perfluoroalkyl and polyfluoroalkyl substances in the U.S. They include the Perfluorooctanoic Acid (PFOA) Stewardship Program, the Toxic Substances Control Act (TSCA), and the Stockholm Convention. Also mentioned are the Safe Drinking Water Act, the U.S. Environmental Protection Agency's (EPA) health advisories, and congressional actions.
- Published
- 2021
39. Governing Nature: Bambi Law in a Wall-E World.
- Author
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Bork, Karrigan
- Subjects
- *
ECOSYSTEM management , *ENVIRONMENTAL protection , *ENVIRONMENTAL policy , *ANTHROPOGENIC effects on nature , *ENVIRONMENTAL law - Abstract
Humanity has disrupted many of the fundamental processes that shape nature worldwide. Virtually no places remain unchanged. Many ecosystems have moved far from their historic conditions and no longer support native species or traditional human uses. In the Anthropocene, a new geologic era dominated by the human impact on Earth, these problems will continue to get worse. In response, humans are intervening in ecosystems at a massive scale. This Article argues that, even as humanity engages in an unprecedented level of ecosystem management, existing environmental governance structures are ill suited to manage this new nature. Ecologists who focus on restoring ecosystems have begun to abandon efforts to recreate idealized historical ecosystems, recognizing that such efforts will fail. Instead, they embrace new approaches that acknowledge continuing human impacts and seek to shape impacted habitats in a way that benefits both human and other life. This Article examines the new ecological approaches, using their migration of purpose and approach to illuminate ecosystem management in the Anthropocene and the new obligations it places on environmental law. To sharpen this focus, the Article considers three case studies of managed ecosystems, detailing the extent to which humans are controlling nature. The case studies suggest that the existing literature seriously underestimates the magnitude of the questions society will soon face. The Article concludes that although we face the daunting prospect of reshaping the very fabric of nature, we lack the governance structures to decide what shape it should take. Society will need environmental law governance that can answer fundamental questions about humanity's role in managing nature at all scales. This Article proposes several starting principles to encourage legal scholars to address this need. [ABSTRACT FROM AUTHOR]
- Published
- 2021
40. AN INTERVIEW WITH ASSOCIATE PROFESSOR JUSTINE BELL-JAMES.
- Author
-
Moore, Thomas
- Subjects
- *
COLLEGE teachers , *GOVERNMENT policy on climate change , *ENVIRONMENTAL policy , *ENVIRONMENTAL law , *JURISPRUDENCE - Abstract
In this interview, Associate Professor Justine Bell-James reflects on her career in academia, specifically how she found herself in the then niche of environmental law. She discusses the growth of environmental legal practice and jurisprudence over her career, specifically the use of various legal 'tools' by practitioners in climate litigation. Finally, she discusses the tangible impact of academia, not only on developing jurisprudence, but also in impacting environmental and climate policy and decision-making. We are very thankful to Associate Professor Lewis for taking the time to participate in this interview. [ABSTRACT FROM AUTHOR]
- Published
- 2021
41. LAW, RESTORATION AND ONTOLOGIES FOR A MORE ECOLOGICALLY COMPLEX WORLD!
- Author
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BOULOT, EMILLE and AKHTAR-KHAVARI, AFSHIN
- Subjects
- *
RESTORATION ecology , *ECOSYSTEM management , *ENVIRONMENTAL protection , *ENVIRONMENTAL policy , *ENVIRONMENTAL law - Abstract
Restoration efforts can target very different outcomes. Simply put, restoration is a process, and diverse values and ontological dispositions can shape the why, what and how questions about what people do. Restorative inputs focused on adaptively adding complexity into an ecosystem commits to values that go beyond rehabilitating and just removing threats and harms that are disturbing an ecosystem. Restoring within a landscape to enhance its ecological complexity is a useful goal for adaptive governance, and one which will also enable discussions about how humans and legal and governance institutions can change and respond to managing the environment. Using two scenarios we briefly explore how governance approaches to restoration need ontological dispositions focused on ecological complexity. In particular, we argue in this article that a focus on inputs into ecological complexity creates not only opportunities for overall net gain, but also, and more critically, that it requires legal and governance changes that establish parameters for how the vision will be realised. We explore and briefly discuss four of these institutional challenges to chart further research trajectories for how restorative inputs into ecological complexity can be achieved. [ABSTRACT FROM AUTHOR]
- Published
- 2020
42. Quarterly Comment by Trinity Chambers: Newcastle, UK Alice Richardson, Matthew R Crowe, Parissa Najah, Shada Mellor.
- Author
-
Richardson, Alice, Crowe, Matthew R, Najah, Parissa, and Mellor, Shada
- Subjects
- *
ENVIRONMENTAL permits , *BIRD populations , *SCIENTIFIC knowledge , *ELECTRONIC waste , *GOVERNMENT policy , *LAW reform - Abstract
Keywords: Environmental law; Environmental policy; EU law Subject: Environment; Other related subjects: European Union; Subject; Environment; Other related subjects; European Union EN Environmental law Environmental policy EU law Subject: Environment Other related subjects: European Union Subject Environment Other related subjects European Union 306 342 37 01/22/21 20201201 NES 201201 EDITORIAL Autumn has sprung, lockdowns have withered into tiered restrictions and the government has produced a flurry of secondary legislation at a volume and rate previously unheard of. Regulations 4, 5 and 6 introduce Sch. 1, 2 and 3, respectively, Commission Regulation (EU) 2016/631, Commission Regulation (EU) 2016/1388 and Commission Regulation (EU) 2016/1447. The 2009 Regulations provide for the execution and enforcement of Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products. Https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020R1315&qid=1603734672508 Council Decision (EU) 2020/1325 of 21 September 2020 on the position to be taken on behalf of... The position to be taken on behalf of the EU will be to approve the application of the UK to join the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020D1325&qid=1603734672508 Council Regulation (EU) 2020/1323 of 21 September 2020 amending Regulation (EU) 2020/123 as r... The Regulation places limitations on fishing for Spain, Portugal and the general Union in subareas 9 and 10 of the International Council for the Exploration of the Sea and division 34.1.1 of the Fishery Committee for the Central Atlantic. [Extracted from the article]
- Published
- 2020
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43. Indonesian Government's Policy on Environmental Law in the Era of Regional Autonomy.
- Author
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Taufiqurokhman, Sulastri, Endang, and Hafiid, Harits
- Subjects
- *
GOVERNMENT policy , *ENVIRONMENTAL law , *ENVIRONMENTAL policy , *ADAPTIVE natural resource management - Abstract
This study aims to investigate Indonesian government policy on the environmental law in the era of regional autonomy by analyzing the by the conception of Indonesian government policy towards regional autonomy or decentralization, the relation between regional autonomy policy and law enforcement and violation to the environment and the Indonesian government's strategic policy towards environmental law in the era of regional autonomy. The methodology in this research uses a qualitative method with a descriptive research design. The results showed that the laws and regulations relating to environmental management are sufficient, but in their implementation, including in the supervision of their implementation, they need to receive serious attention. This is closely related to the good intentions of the government including the regional government, the community and the parties concerned to manage the environment as well as possible. [ABSTRACT FROM AUTHOR]
- Published
- 2020
44. Quarterly Comment by Trinity Chambers: Trinity Chambers, Newcastle.
- Author
-
Richardson, Alice, Crowe, Matthew R., Hopkins, Matthew, Cottrell, Jack, and Mellor, Shada
- Subjects
- *
RURAL health , *GOVERNMENT policy , *CULLING of animals , *ENVIRONMENTAL impact analysis , *URBAN planning , *GREENHOUSE gas mitigation , *BIRD populations - Published
- 2020
- Full Text
- View/download PDF
45. Consent Decrees as Emergent Environmental Law.
- Author
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Hester, Tracy
- Subjects
- *
ENVIRONMENTAL law , *ADMINISTRATIVE procedure , *ENVIRONMENTAL protection , *ENVIRONMENTAL policy , *CONSUMER protection - Abstract
Consent decrees -- the unheralded workhorses of regulatory law -- play a critical role in environmental law. The bulk of major environmental disputes at the federal level are resolved through consent decrees lodged under judicial supervision, and key federal environmental statutes and policies directly require settling parties to use consent decrees to resolve their claims. These proposed decrees, however, typically receive only a restrained judicial review that does not yield a formal judicial opinion on the full merits of the agreement. Parties, in fact, will frequently insist that the decree will not involve an admission of liability or any conclusions of law. As a result, consent decrees operate as the dark matter of environmental law -- an unseen supporting medium that surrounds and supports the statutory and regulatory directives that function within it, but which leaves few marks of its own. These decrees play a similar role in several other legal fields, including antitrust, consumer protection, class actions, labor, and bankruptcy. Most of the public and scholarly scrutiny of consent decrees has focused on concerns about their potential effects on third parties and their constraints on future executive discretion or administrative action without proper democratic accountability or transparency. This Article reverses that perspective. It assumes that consent decrees can appropriately create and foster emerging legal principles, and it suggests strategies to identify these new legal holdings. This Article proposes three ways by which consent decrees substantially influence the development of environmental law and flag new emerging principles. First, consent decrees can serve as a platform to implement nascent regulatory policy prior to the formal promulgation of rules or regulations. In a sense, consent decrees in these circumstances provide a test bed for new environmental practices and expectations that later mature into full-fledged regulatory standards. This function of consent decrees tends to surface most visibly during coordinated enforcement initiatives involving industrial sectors at the federal level. Second, consent decrees can generate new law through deferential review by the courts that lodge them. When courts weigh a proposed consent decree to determine whether to accept it, they use a relaxed review standard that does not require the court to closely assess the merits or legal conclusions of the settlement. Such a review parallels, in many respects, the deferential judicial review of administrative agency action under the federal Administrative Procedure Act. This historical deferential review of agency action nonetheless has sketched the contours of numerous important principles of environmental law; relaxed judicial determinations of the legality and fairness of consent decrees may play a similar role. Last, and most controversial, consent decree judgments arguably can directly embody legal holdings that, at minimum, have persuasive value for subsequent court proceedings. These holdings, in certain circumstances, might even rise to the level of precedential rulings entitled to stare decisis in future actions. This final role of consent decrees in generating environmental law, however, requires careful consideration to avoid the risks of manipulation or erosion of judicial authority. [ABSTRACT FROM AUTHOR]
- Published
- 2020
46. Quarterly Comment by Trinity Chambers.
- Published
- 2020
- Full Text
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47. Global Environmentalism and the World-System: A Cross-National Analysis of Air Pollution.
- Author
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Mejia, Steven Andrew
- Subjects
- *
AIR pollution , *AIR analysis , *ENVIRONMENTALISM , *PANEL analysis , *ENVIRONMENTAL policy , *ENVIRONMENTAL law - Abstract
Ambient air pollution represents a global health crisis, leading to 7 million annual deaths worldwide. The rise of a "global environmental regime" manifests in the widespread adoption of environmental policies and laws to reduce ambient air pollution, but debate remains whether they have any effect. Scholars argue that the relationship between the global environmental regime and air pollution depends on the penetration of the global environmental regime. In this analysis, I argue that the relationship between the global environmental regime and air pollution levels is contingent on a country's position in the world-system. Using fixed effects panel analyses of 144 countries from 1990 to 2010, I find embeddedness in the global environmental regime does predict lower national air pollution levels. This effect, however, is smaller in semi-peripheral and peripheral countries. These findings contribute to an emerging body of scholarship integrating world society and world systems approaches in the study of the environment. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
48. The California Supreme Court on the Significance of Emissions under CEQA: Read Between the Lines.
- Author
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Mesher, Alex
- Subjects
- *
ENVIRONMENTAL law , *GREENHOUSE gas mitigation , *EXECUTIVE orders , *ENVIRONMENTAL policy - Abstract
The article discusses the California Supreme Court's ruling in Cleveland National Forest Foundation v. San Diego Association of Governments. Topics covered include two legislation applied in this case, including the California Environmental Quality Act (CEQA), the California Executive Order S-03-05, and Senate Bill 375. It notes that the court has left open the possibility for future state-supported projects to skimp on climate emission reductions.
- Published
- 2020
- Full Text
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49. The No CARB Diet: Should the California State Legislature Cut the California Air Resources Board Out of Its Emissions Reduction Regulatory Scheme?
- Author
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Manjur, Joya
- Subjects
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GREENHOUSE gas mitigation , *ENVIRONMENTAL policy , *ENVIRONMENTAL law , *EMISSIONS (Air pollution) - Abstract
The article discusses the Cap-and-Trade Program, which was established by the California Air Resources Board in 2013, and considered one of the foremost carbon emissions reduction efforts in the world. Topics covered include the California Global Warming Solutions Act of 2006, the Program's success in reducing statewide emissions, and some flaws in the design of the Program's compliance instruments that diminish its overall effectiveness.
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- 2020
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50. Quarterly Comment by Trinity Chambers: Trinity Chambers, Newcastle.
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Percy-Raine, Henry, Cottrell, Jack, Mellor, Shada, and Crowe, Matthew R.
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ENVIRONMENTAL permits , *PESTICIDE residues in food , *GOVERNMENT policy , *TRADE regulation , *NATURAL resources , *SLUDGE management , *URBAN planning - Abstract
Keywords: Environmental law; environmental policy; EU law Subject: Environment; Other related subjects: European Union EN Environmental law environmental policy EU law Subject: Environment Other related subjects: European Union 49 74 26 04/11/20 20200301 NES 200301 EDITORIAL The international campaign against climate change has reached new heights this quarter, as 16 children from across the world have collectively filed a legal complaint to the UN Committee on the Rights of the Child, alleging that the failure of their home countries to properly tackle climate change is a violation of their rights under the Convention, including their rights to life and health. The fishing of Turbot is limited to 180 fishing days per year per vessel, regardless of size. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1580225241289&uri=CELEX:32019R2236 Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 supplementing Regulation (EU... The Regulation implements detailed rules for the real-time closure of fisheries in the Skagerrak with the aim of conserving juvenile Northern prawn. Https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1580225241289&uri=CELEX:32020D0115(01) Commission Decision (EU) 2019/2252 of 17 December 2019 on the proposed citizens' initiative e... Under EU law, the removal of fins on board of EU vessels and in EU waters is prohibited and sharks must be landed with their fins naturally attached. Although this is one-sixth of the area burnt in 2017, significant 36 per cent of the areas burnt were vulnerable ecosystems. https://ec.europa.eu/commission/presscorner/detail/en/ip 19 6176 Agreement on EU budget for 2020: Tackling climate change and delivering on other EU prioritie... On 18 November 2019, three EU institutions agreed on the EU's budget for 2020. [Extracted from the article]
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- 2020
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