Top 100 environmental blog

I'm happy to report that Feedspot has named Environment, Law, and History one of the top 100 environmental blogs. Thanks to all of you - the readers, writers, commenters, mentioners, and so on - who made it happen!

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Lessons from tobacco for the future of climate change liability

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The law surrounding the health effects of tobacco are an important precedent for many environmental law issues (see here and here ). Now Martin Olszynski, Sharon Mascher, and Meinhard Doelle recently posted "From Smokes to Smokestacks: Lessons from Tobacco for the Future of Climate Change Liability" . The abstract: In this article, we imagine a future Canada (circa 2030) wherein the world has managed to avoid the worst climate change but nevertheless has begun to experience considerable warming. Governments of all levels, but especially provincial ones, are incurring unprecedented costs to mitigate the effects of climate change and to adapt to new and uncertain climatic regimes. We then consider how legislatures might respond to these challenges. In our view, the answer may lie in the unprecedented story of tobacco liability, and especially the promulgation in the late 1990s of provincial legislation specifically designed to enable provinces to recover the public healthcare c...
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American regulation of water pollution

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Water filtration plant at Lake Montebello, Maryland, 1915 This Day in Water History recently posted a Municipal Journal and Engineer  article from 1909 , "Stream Pollution in America", which surveys some of the state-level regulation of water pollution going on at the time. The blogger notes that "we know from other sources that these laws were seldom enforced or had penalties that were too lenient, so they were ignored", but I'm not sure the situation today is so different . Some excerpts from the 1909 article: At a Conference of State and Provincial Boards of Health of North America, held in Washington last June, the Committee on the Pollution of Streams appointed last year presented a report in which it gave some data concerning the extent to which the pollution of streams was being regulated by the various States. Ohio, New Jersey and Kansas have, according to this report, passed laws during the last few years which ”are especially worthy of note as indicati...
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Colonial aspects of international environmental law

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Signing the International Convention for the Regulation of Whaling, 1946 Douglas de Castro recently posted "The Colonial Aspects of the International Environmental Law – Treaties as Promoters of Continuous Structural Violence" . This is a topic that has come up before in work by Yoriko Otomo and others . De Castro's abstract: The formation of international institutions in the twentieth century occurs under a scenario marked by the rule of colonialism and imperialism. Thus, instead of reducing inequalities in the world system, international institutions reproduce a prevalent logic of material and subjective discrimination based on a colonialist ideology marked by violence, which is communicated in a certain way so that it can justify its importance and legitimacy. The colonial violence is perpetuated under the form of symbolic violence manifested in the language that imposes a universal meaning and systemic violence that manifests itself in the "perfect" function...
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