Law Commons^™

Revised Draft Final Butte Reclaimed Areas Maintenance And Monitoring (M&M) Plan In Accordance With Butte Reclamation Evaluation System (Bres), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Environmental Soft Law As A Governance Strategy, Cary Coglianese

All Faculty Scholarship

Soft law governance relies on nongovernmental institutions that establish and implement voluntary standards. Compared with traditional hard law solutions to societal and economic problems, soft law alternatives promise to be more politically feasible to establish and then easier to adapt in the face of changing circumstances. They may also seem more likely to be flexible in what they demand of targeted businesses and other entities. But can soft law actually work to solve major problems? This Article considers the value of soft law governance through the lens of three major voluntary, nongovernmental initiatives that address environmental concerns: (1) ISO 14001 …

Black Lives Matter In Engineering, Too! An Environmental Justice Approach Towards Equitable Decision-Making For Stormwater Management In African American Communities, Maya Elizabeth Carrasquillo

USF Tampa Graduate Theses and Dissertations

The United States and the world have recently been challenged with the disparate effects of COVID-19 and the continual killings of unarmed Black men and women across the nation. A history of anti-black racism has led to systemic structures of inequity that thread throughout institutions and communities across the nation. This environmental engineering research comes at a time when understanding how to effectively engage in, and with Black communities is at the forefront of discourse in academia, utilities and private sector.

In 2018 the Brookings Institute published a report on workforce in the water sector demonstrating the lack of diversity …

Developing Open Source Software Using Version Control Systems: An Introduction To The Git Language For Documenting Your Computational Research, Jared D. Smith, Jonathan D. Herman

All ECSTATIC Materials

Version control systems track the history of code as it is committed (saved) by any number of developers. Have you made a coding error and cannot debug it? Version control systems allow for resetting code back to when it worked, and show what code has changed since previous commits.

The contents of this lecture provide an introduction to the git version control language, GitHub for cloud hosting open source code repositories, and tutorials that demonstrate common and useful git and GitHub practices. This lecture is intended to be coupled with a discussion on creating reproducible computational research.

The zipped folder …

Backing Up Into Advocacy: The Case Of Smartphone Driver Distraction, Robert Rosenberger

The Journal of Sociotechnical Critique

For the last decade, I’ve been studying the topic of the driving impairment of smartphones. While this began as an exclusively academic project, it has increasingly compelled public engagement. One example of this came in an opinion piece I wrote in 2018 in response to a new traffic law. I take the opportunity here to fill out the academic backstory of this particular op-ed, reflect on how this larger project has evolved to include an unanticipated public-facing edge, and abstract some lessons about public writing.

Analysis Of Military Construction Cost Growth In Usaf Major Defense Acquisition Programs, Emily E. Angell, Edward D. White, Jonathan D. Ritschel, Alfred E. Thal Jr.

Faculty Publications

This study uses descriptive and inferential statistics to identify cost growth Analysis of Military Construction of military construction (MILCON) at the programmatic level, while bridging the gap between Selected Acquisition Report (SAR) estimates and actual project costs. Findings of this study aid the cost community with appropriate allocation of resources in developing these estimates. Overall, Major Defense Acquisition Programs (MDAP) appear to experience more negative growth (cost savings) in MILCON estimates on reviewed SARs— typically less than 0.2% of the total program cost. SAR estimates became more accurate from the first to last SAR in comparison to the total MILCON …

The Future State Of Mobility, Jerome Quandt

Purdue Road School

Formed in 2018, the Illinois Autonomous Vehicles Association (ILAVA) is a privately funded non-for-profit organization focused on establishing thought leadership in the state of Illinois, by identifying and addressing the current and emerging opportunities related to the inevitable growth of CAV technologies throughout the transportation network. Through the deployment of scalable and sustainable business solutions, facilitating industry education and establishing thought leadership, ILAVA is creating an ecosystem that defines Illinois as #TheFutureStateofMobility.

Regulating 5g Installations, Bradley Pease

Purdue Road School

In this session we will discuss regulation of the deployment of 5G small-cell equipment within local right-of-way.

Analysis Of Crashes Involving First Responder Vehicles, Josie Gray

Doctoral Dissertations and Master's Theses

First responders face many hazards that put their lives at risk while on duty. A review of the National Law Enforcement Officers Memorial Fund statistics shows that 553 police officers died in the line-of-duty between 2008 and 2017 as a direct result of a traffic related incidents. Sadly, the nation’s first responders are exposed to factors which make them uniquely vulnerable to traffic related injuries and deaths. The goal of this research is to investigate and analyze crashes involving first responder vehicles and struck-by crashes. This project concludes that approximately 1.2% of the crashes in the state of Florida involve …

Liability Of The Structural Engineer: Establishing, Quantifying, And Managing Risks, Justin Thomas Ittmann

LSU Doctoral Dissertations

Liability is an important topic to all practicing professionals—including practicing engineers. However, the topic of liability does not receive the necessary attention required relative to other professions. Further, engineers that desire to learn more about liability in relation to their practice do not have many university options within an engineering curriculum or from outside materials available to a non-legally trained engineer. The goal of the study is to provide a comprehensive overview of liability directed towards an intelligent practicing engineer, while avoiding unnecessary over-simplification of the material. This study initially provides an in depth survey of the legal standard of …

Strategic Implications For The United States Of The Belt And Road Initiative In Africa, Alec Monnie

Independent Study Project (ISP) Collection

The belt and road initiative is one of the most significant developments of the twenty-first century, which the United States will need to learn to adapt to. Much of the academic literature regarding the belt and road initiative mentions that Africa is a significant participant in this policy development, but fail to elaborate as to why that is, or what the implications for this are for the United States. This article expands upon the strategic significance of the African continent, and explains the implications thereof for the United States and China. This article argues that the belt and road initiative …

Liquidated Damages: An Analysis Of Their Use And Effectiveness, Alfredo N. Aragon

Construction Management

A construction company’s success and/or failure is dependent upon project completion with respect to time and budget. Failure to meet the contract completion date results in a loss of profit for owners and contractors alike. In order to help mitigate project delays, liquidated damage clauses have been included into construction contracts. Incorporating provisions within the construction contracts in the form of liquidated damages aims to help shift the financial burden when there is a failure to meet contractual obligations, hopefully offering quick compensation for delays. Unlike general or actual damages, liquidated damages are pre-defined and agreed upon prior to entering …

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.

Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor

USF Tampa Graduate Theses and Dissertations

This research used Geographical Information System (GIS) data to estimate the acreage of wetland loss due to small-scale activities (taking into account exempt, permitted, and unauthorized activities) in the Southwest District of the Department of Environmental Protection (DEP) between 2006 and 2011 and compared that net loss with the unmitigated wetland net loss that DEP documented during that time for authorized activities and violations that were discovered. The comparison allowed an estimation of the extent of undocumented small-scale unmitigated wetland loss that occurred during those six years. DEP records show that 88% of non-compliance cases remain unresolved, and the net …

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land & Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …

Modeling Canopy Effect In The Great Lakes Cladophora Model, Ankita Bakshi

Dissertations, Master's Theses and Master's Reports

Cladophora glomerata is a filamentous green alga native to the Great Lakes. However, its nuisance growth in phosphorus rich waters negatively affects the lakes’ aesthetic and water quality. The Great Lakes Cladophora Model (GLCM) v1, developed in 1982, was the first mechanistic model to simulate Cladophora growth basing phosphorus availability and environmental conditions followed by Cladophora Growth Model and GLCM v2. In this study, the light and temperature mediation factors for Cladophora net growth are revised as a necessary step prior to the development of a self-shading algorithm. The concept of a fixed-value, maximum achievable biomass (carrying capacity) employed in …

Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell

All ECSTATIC Materials

This document is the syllabus for CEE 433: Water Technology & Policy, by instructor Ashlynn S. Stillwell at the University of Illinois at Urbana-Champaign. The course is an elective class, open to upper-level undergraduate and graduate students.

Collaborative Strategies For Sea Level Rise Adaptation In Hampton Roads, Virginia, Carol Considine, Emily Steinhilber

Engineering Technology Faculty Publications

[Introduction] The Hampton Roads region is located in southeastern Virginia where the Chesapeake Bay meets the Atlantic Ocean. The region includes seventeen municipal governments and has a large federal government presence with 26 federal agencies represented (See Figure 1). The region has a population that exceeds 1.7 million and is home to the deepest water harbor on the U.S. East Coast. Hampton Roads' economy is dependent on the local waterways and houses the world's largest naval facility, the sixth largest containerized cargo complex and supports a thriving shipbuilding and repair industry as well as a tourism industry. However, the region's …

Engineering Standards In Highway Design Litigation, Michael Lewyn

Michael E Lewyn

Engineering Standards In Highway Design Litigation, Michael Lewyn

Michael E Lewyn

Understanding The Linkages Between Urban Transportation Design And Population Exposure To Traffic-Related Air Pollution: Application Of An Integrated Transportation And Air Pollution Modeling Framework To Tampa, Fl, Sashikanth Gurram

USF Tampa Graduate Theses and Dissertations

Rapid and unplanned urbanization has ushered in a variety of public health challenges, including exposure to traffic pollution and greater dependence on automobiles. Moreover, vulnerable population groups often bear the brunt of negative outcomes and are subject to disproportionate exposure and health effects. This makes it imperative for urban transportation engineers, land use planners, and public health professionals to work synergistically to understand both the relationship between urban design and population exposure to traffic pollution, and its social distribution. Researchers have started to pay close attention to this connection, mainly by conducting observational studies on the relationship between transportation, urban …

Structure Analysis And Governance Strategy Of International Containerized Liner Market Under The Shipping Alliances, Xuming Fan

World Maritime University Dissertations

No abstract provided.

Subcontracting And The Survival Of Plants In The Road Construction Industry: A Panel Quantile Regression Analysis, Dakshina G. De Silva, Georgia Kosmopoulou, Carlos Lamarche

Economics Faculty Publications

This paper investigates how subcontracting parts of contracted work shapes entrants’ success and survival. We find that newly developed quantile regression approaches can be adapted to study survival of firms competing for government contracts in road construction. The method is applied on a data set that includes patterns of firm entry, exit and auction related information. We find an apparent increase in the business life of firms who subcontract out part of their projects. In Texas, these subcontracting effects appear to be more pronounced for firms with few or no options outside the industry, and among firms who contract out …

Implementation Strategy Report, G Jager, M Musariri

Policy

In essence the Implementation Strategy provides a plan for implementing and maintaining an optimal South African Water Resources Monitoring Network. As such the Strategy includes a number of key aspects considered for each of the surface water, groundwater and water quality monitoring programs, as summarized below:

Finalizing the optimal monitoring network design, including the location, the variables/constituents being monitored, the frequency of observations, as well as the implementation priority for each monitoring site.

Identifying opportunities for the integration of processes involved in the implementation process, such as the coordinated development or upgrading of monitoring sites based on physical location and …

The Former Asarco Demolition Fallout, A Post Study On Lead Soil Concentrations And Environmental Agents Of Redistribution In El Paso, Texas, Stephanie A. Robinson

Open Access Theses & Dissertations

The former El Paso ASARCO Smelting and Refining Co. operated between 1877 and 1999, the pyrometallurgic activity was estimated to have discharged excess of a 1,000 tons of lead (Pb) into the atmosphere from 1969-71. It was estimated 96 tons of (Pb) were emitted on an annual basis from the standing ore and fluid beds. The Environmental Protection Agency (EPA) determined that lead (Pb) is the heavy metal of the highest concentration within the vicinity of the smelter. After the smelter production ceased, flash flooding common to the southwest, such as the 2006 historic flood, increased transportation of superficial contaminants …

After 40 Years Of Regional And Coordinated Ship Safety Inspections: Destination Reached Or New Point Of Departure?, Armando Graziano, Jens-Uwe Schröder-Hinrichs, Aykut I. Olçer

Journal Publications

Port State Control (PSC) is the major global strategy for fighting substandard shipping since the signature of The Hague Memorandum in 1978. In the last years, the increased volume of trade, the enlarged number of main international conventions and the highlighted differences among the various Regimes have posed new challenges to the modern system of PSC, which may need to find its new course.

This paper examines the point of view of key maritime stakeholders with regard to the EU PSC regime. Elite interviews (n = 14) were conducted with subject matter experts ranging from policy makers, to industry and …

The Political Water Web Of The United States, Omar Hammad

Dissertations and Theses

The United States’ water systems are interstate in their nature; these systems are governed by Congressional compact agreements. Water compacts have been influenced by common factors that have reverberated throughout the water-web of the country. These impacts varied in their scale, national level federal regulations, such as the Endangered Species Act of 1973, and recent concerns about climate change are macro-scale influences. Localized drivers such as regional economics and population change are localized impacts. While these concepts and issues influence water compacts as a whole, their impacts occur at different periods, albeit for the same reason. As such, we see …

Invasive Species Impacts On Infrastructure, Invasive Species Advisory Committee

National Invasive Species Council

Executive Summary

Invasive species represent one of the most significant threats to ecosystems, human and animal health, infrastructure, the economy, and cultural resources. Because potentially invasive, non-native species typically enter the United States through ports of entry in urban environments, some of the first observable impacts may be to infrastructure, yet little is known about the economic costs associated with these impacts to the “built” environment. In addition, federal agencies currently lack the authority necessary to effectively prevent, eradicate, and control invasive species that impact the human-built environment. This lack of authority prevents rapid response to some of the most …

Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh

Journal of Intellectual Property Law

No abstract provided.