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Articles 1 - 30 of 17845
Full-Text Articles in Law
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Eric Biber
"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw
"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw
Journal of Food Law & Policy
Farmers in California and Missouri have one thing in common- opposition to the production of genetically modified (GM) "pharma" crops.' A pharmaceutical crop, or "pharma" crop, is a plant that has been genetically altered so that it produces proteins which are used as drugs. Pharmaceutical companies can then harvest the crop and isolate the proteins, which may be used to make human or veterinary drugs. Farmers' fears include a variety of health and environmental hazards; in particular, they fear contamination of their regular crops and the associated market loss. These concerns surfaced in both states where Ventria Bioscience announced plans …
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
Pace International Law Review
Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …
Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey
Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey
Utah Law Review
All cities and towns in the U.S. utilize electric power. Electric power needs to be generated. Now, energized by larger issues of rapid climate change, the U.S. and all nations must transition to lower-carbon-emission sources of power generation, of which wind power currently is the most prominent and used technology. Any community hostile to wind power can pass a highly restrictive amendment to its zoning ordinance that makes the community unattractive or costprohibitive to wind or other power generation projects. There is no requirement under state law for states to allow tens of thousands of cities and towns carte blanche …
Is The Clean Water Act Obsolete?, Jonathan Adler
Is The Clean Water Act Obsolete?, Jonathan Adler
Faculty Publications
The Clean Water Act (CWA) is fifty years old and has not been meaningfully revised in 35 years. Over this time, the CWA has helped to protect and improve water quality, but substantial water quality challenges remain including (but not limited to) nonpoint source water pollution. Given these challenge's and dramatic changes in the nature of and scientific understanding of today’s water quality challenges, it is appropriate to ask whether the CWA remains capable of fostering further environmental progress or whether it is obsolete. Prepared for the Case Western Reserve Law Review symposium on “The Clean Water Act at 50,” …
The Role Of Traditional Environmental Knowledge In Planetary Well-Being, Deborah Mcgregor, Danika Billie Littlechild, Mahisha Sritharan
The Role Of Traditional Environmental Knowledge In Planetary Well-Being, Deborah Mcgregor, Danika Billie Littlechild, Mahisha Sritharan
Articles & Book Chapters
No abstract provided.
Just Transition Litigation In Latin America: An Initial Categorization Of Climate Litigation Cases Amid The Energy Transition, Maria Antonia Tigre, Lorena Zenteno, Marlies Hesselman, Natalia Urzola, Pedro Cisterna-Gaete, Riccardo Luporini
Just Transition Litigation In Latin America: An Initial Categorization Of Climate Litigation Cases Amid The Energy Transition, Maria Antonia Tigre, Lorena Zenteno, Marlies Hesselman, Natalia Urzola, Pedro Cisterna-Gaete, Riccardo Luporini
Sabin Center for Climate Change Law
Just transition litigation is a novel field representing a sub-set of climate change litigation cases that is under-researched and studied. The report provides a novel comparative analysis of legal developments found in 20 just transition litigation cases in four Latin American countries and questions whether initiatives for achieving energy transformation in the region may have erred in failing to consider key just transition principles or dimensions, leading applicants to bring legal cases to claim their rights or demand more just solutions. The cases found – limited to the energy sector – not only question decarbonization policies or projects (in typical …
Climate Insecurity, Shi-Ling Hsu
Climate Insecurity, Shi-Ling Hsu
Utah Law Review
Global climate change causes climatic events such as hurricanes, droughts, floods, and heat waves to occur more frequently and with greater severity. In addition to inflicting direct harms, climatic events disrupt the flow of commerce and natural resources, creating shortages of goods and services, sometimes temporarily, sometimes not. Climate change is getting worse, so climatic events will escalate over time, and as events cumulate, there is the potential for multiple events to heap harm on top of harm, exponentially increasing misery and disruption. What looms is the prospect of shortages of basic life necessities.
A vast literature on food and …
Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands, Shawn Regan, Temple Stoellinger, Jonathan Wood
Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands, Shawn Regan, Temple Stoellinger, Jonathan Wood
Utah Law Review
For nearly a century, the federal government has authorized ranchers to graze livestock on large areas of federal lands in the western United States. Federal-land grazing has generated substantial conflict in recent decades, as conservation interests and others have lobbied and litigated against what they view as inappropriate and destructive use of federal lands. This has produced a predictable backlash among ranching interests, including efforts to roll back the regulations relied on by environmental litigants and aggressive confrontations with federal regulators. But such conflict is not inevitable. Competing demands on these lands can be resolved through voluntary means and positive …
Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess
Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess
Utah Law Review
The Greater Yellowstone Ecosystem (GYE), one of the world’s most treasured regions, consists of an interconnected patchwork of federal, state, and private lands. The GYE’s elk, mule deer, and pronghorn antelope (pronghorn) rely on this vast range to complete their seasonal migrations, but development increasingly threatens this natural cycle. Moreover, the GYE’s existing wildlife management framework fails to resolve the tension between wildlife and growth, leaving both wildlife and local communities vulnerable. After reviewing the scope of the GYE’s ecological challenges, this Note proposes a new solution: a policy establishing affirmative easements across designated migration corridors in the GYE and …
Renewable Portfolio Standards: Effectiveness And Carbon Implications, Alexander S. Albrecht
Renewable Portfolio Standards: Effectiveness And Carbon Implications, Alexander S. Albrecht
CMC Senior Theses
A renewable portfolio standard (RPS) policy is a popular regulatory tool implemented within the U.S. and abroad to limit energy sector emissions and incentivize renewable energy. Assessing their effectiveness and efficiency is a key component of achieving further reductions. We assess an energy market under an RPS using fixed-effects panel and 2SLS regression models to lend empirical credence to common theory-based concerns about RPS policy, namely (1) that they leave emissions unregulated once the RPS requirement is met and (2) that they do not incentivize full use of renewable energy resources. Our results show these to be valid concerns that …
Corporate Innovation: One Path To More Sustainable Big Business, David Nows
Corporate Innovation: One Path To More Sustainable Big Business, David Nows
University of Cincinnati Law Review
No abstract provided.
Invasions Of Dicamba Particles: Holding States Accountable For Taking Offsite Property Owners' Right To Exclude, Terence J. Centner
Invasions Of Dicamba Particles: Holding States Accountable For Taking Offsite Property Owners' Right To Exclude, Terence J. Centner
University of Cincinnati Law Review
In 2017, special formulations of dicamba herbicides known as over-the-top products were marketed for post-emergent use on genetically engineered soybeans and cotton. The use of these products was accompanied by considerable herbicide drift and volatilization that harmed millions of acres of nearby crops. In 2018, the EPA added requirements to the products’ labels to preclude offsite injuries. However, for each growing season during 2018-2021, unacceptable offsite injuries were reported in the major soybean and cotton producing states. Because they received reported injuries, state agencies issuing new registrations for dicamba products in 2018 and 2020 knew offsite spray drift and volatilization …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act (CWA) has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This …
Deitche Earns Karen Hastie Williams Fellowship, James Owsley Boyd
Deitche Earns Karen Hastie Williams Fellowship, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
La’Kendra Deitche, a 2L from Fort Wayne, Indiana, has been selected as one of eight—and the only one from outside the Washington, D.C. area—Karen Hastie Williams Leadership Fellows, a prestigious fellowship awarded by the D.C. Bar.
Deitche will complete a leadership orientation session followed by a six-month fellowship, from January through June 2023, on the D.C. Bar’s Environment, Energy, and Natural Resources community. The D.C. Bar offers 20 communities that help members develop expertise in specific practice areas.
Regulating The Autonomous Ocean, Annie Brett
Regulating The Autonomous Ocean, Annie Brett
Brooklyn Law Review
The rapid rise in aerial drone use and the future deployment of self-driving cars have both spurred extensive legal and social debate. Autonomous vessels on the ocean, on the other hand, have largely escaped detailed scrutiny, even as they are reshaping the landscape of human interactions with the ocean and creating novel challenges for national and international legal regimes. Autonomous vessels are being captured while spying on other countries, raising concerns about national security and surveillance regimes. The Coast Guard is using enforcement loopholes to justify abandoning many of their autonomous vessels at sea, in flagrant violation of national and …
Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell
Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell
Brooklyn Law Review
The urgent need to cool the atmosphere and slow the effects of climate change is evident all around us. However, half of Congress and large swaths of the American public are still not on board, and the highest Court in the land just knee-capped the EPA’s power to regulate effectively. This note looks at the implementation and amendment of the Clean Air Act and subsequent deviation from the Act’s bipartisan roots to its current highly political polarizing status. It then reviews twenty-first century caselaw affecting climate policy to highlight statutory and judicial barriers to progress. Culminating with the recent Supreme …
Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre
Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre
Sabin Center for Climate Change Law
Climate change’s pervasive human rights impacts on populations worldwide are widespread and now widely known. One avenue to address these human rights impacts is the growth of rights-based climate litigation. There are now hundreds of cases worldwide grounded on human rights claims. However, less attention has been brought to how vulnerable groups are disproportionally affected by climate change. Indigenous groups, in particular, are disproportionately affected by climate change due to their connection to their land and dependence on their ecosystems. To increase global attention and seek legal remedies to address how Indigenous communities are impacted by climate change, Indigenous groups …
Liability For Public Deception: Linking Fossil Fuel Disinformation To Climate Damages, Jessica A. Wentz, Benjamin Franta
Liability For Public Deception: Linking Fossil Fuel Disinformation To Climate Damages, Jessica A. Wentz, Benjamin Franta
Sabin Center for Climate Change Law
Over two dozen U.S. states and municipalities have filed lawsuits against fossil fuel companies, seeking abatement orders and compensation for climate damages based on theories such as public nuisance, negligence, and failure to warn, and alleging these companies knew about the dangers of their products, intentionally concealed those dangers, created doubt about climate science, and undermined public support for climate action. This Article examines how tort plaintiffs can establish a causal nexus between public deception and damages, drawing from past litigation, particularly claims filed against manufacturers for misleading the public about the risks of tobacco, lead paint, and opioids. A …
The Exoskeleton Of Environmental Law: Why The Breadth, Depth, And Longevity Of Environmental Law Matters For Judicial Review, Sanne H. Knudsen
The Exoskeleton Of Environmental Law: Why The Breadth, Depth, And Longevity Of Environmental Law Matters For Judicial Review, Sanne H. Knudsen
Utah Law Review
Environmental law is pragmatic, inevitable, and intentional. In the aggregate, the numerous federal environmental statutes are not simply a patchwork of ad hoc responses or momentary political breakthroughs to isolated public health problems and resource concerns. Together, they are a group of repeated, legislatively-backed commitments to embrace selfrestraint for self-preservation.
Self-restraint and discipline are the essence of environmental law. Indeed, if one studies the patterns and repeated choices in environmental law’s many statutory texts, one can start to appreciate environmental law’s indispensable role in society: it serves as an enduring “exoskeleton,” a sort of protective armor created over time to …
Moral Nuisance Abatement Statutes, Scott W. Stern
Moral Nuisance Abatement Statutes, Scott W. Stern
Northwestern University Law Review
On May 19, 2021, Texas enacted S.B. 8—also known as the Texas Heartbeat Act—which prohibits almost any abortion of a fetus once a heartbeat can be detected, effectively banning abortions after only six weeks of pregnancy. Just as controversially, S.B. 8 also specifies that it is enforceable exclusively through private civil actions, and it allows any private person to sue anyone who “performs,” “induces,” or “knowingly . . . aids or abets the performance or inducement of an abortion,” seeking injunctive relief and statutory damages of $10,000 per violation. The passage of S.B. 8 immediately led to calls for, and …
Legal Protection For The Environmental Refugee, Dr. Alia Zakaria
Legal Protection For The Environmental Refugee, Dr. Alia Zakaria
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
In recent years, the environmental migrant movements have increased significantly around the world as a result of the recent environmental disasters, whether they were natural or man-made. Moreover, although the Global Compact on Refugees - adopted by the United Nations on 17/12/2018- has affirmed the climatic factors and natural disasters as causes for the increase of refugee movements, there are yet no binding legal provisions upon which the receiving countries are obligated by virtue of law to receive those environmental migrants.
In this regard, this current study sheds light on the concept of "Environmental Refugees" in specific; as the study …
West Virginia V. Epa, Amanda Spear
West Virginia V. Epa, Amanda Spear
Public Land & Resources Law Review
The EPA created the Clean Power Plan in an effort to reduce the amount of greenhouse gas emissions generated by coal-fired power plants. The EPA determined that the Best System of Emission Reduction for existing coal-fired power plants included generation shifting methods, meaning a shift from coal to cleaner sources. The Supreme Court held, under the major questions doctrine, that Congress had not intended for the EPA to use generation shifting methods for the Best System of Emission Reduction and that the EPA had exceeded its authority in doing so. This note will explore how the decision may impact administrative …
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly
Public Land & Resources Law Review
The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.
Roadmap To Zero-Carbon Electrification Of Africa By 2050: The Green Energy Transition And The Role Of The Natural Resource Sector (Minerals, Fossil Fuels, And Land), Jeffrey D. Sachs, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Efosa Uwaifo, Bryan Michael Sherrill
Roadmap To Zero-Carbon Electrification Of Africa By 2050: The Green Energy Transition And The Role Of The Natural Resource Sector (Minerals, Fossil Fuels, And Land), Jeffrey D. Sachs, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Efosa Uwaifo, Bryan Michael Sherrill
Columbia Center on Sustainable Investment Staff Publications
All Africans — whether living in urban or rural areas — need access to affordable, clean, efficient, reliable, climate-proof, and renewable energy for both residential and productive uses to achieve sustainable development objectives. At the same time, the world is moving to decarbonization by 2050, and Africa will be part of this global trend. Prospective oil and gas projects in Africa will no longer be pursued as overseas markets, and financing will shrink. At the same time, Africa’s vast renewable energy potential, in the solar and hydropower sectors especially, will engage increasingly bankable and highly attractive investments. In net terms, …
Emerging Best Practices In International Atmospheric Trust Case Law, Rachel M. Pemberton, Michael Blumm
Emerging Best Practices In International Atmospheric Trust Case Law, Rachel M. Pemberton, Michael Blumm
Utah Law Review
With climate change litigation proliferating throughout the world, a substantial body of case law is emerging. As part of a project of the IUCN World Commission on Environmental Law's Climate Change Specialist Group, this Article, a version of which will be included in a “Judicial Handbook on Climate Litigation,” explains the public trust doctrine’s influence on climate change litigation internationally. We select what we view as judicial “best practices” as a kind of restatement of international atmospheric trust law in 2022. International atmospheric trust law is at the forefront of many best practices, as state and federal courts in the …
The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers
The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers
Michigan Law Review
While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, …
In The Name Of Energy Sovereignty, Guillermo J. Garcia Sanchez
In The Name Of Energy Sovereignty, Guillermo J. Garcia Sanchez
Faculty Scholarship
Throughout history, the phrase "In the name of the King" justified actions that trumped the rights of citizens in order to safeguard the interests of the Crown. Today, in the name of energy sovereignty, states deploy the government apparatus to access oil and gas in other parts of the world, build pipelines on private lands, subsidize renewable energy, and nationalize their oil and power industries. States justify each of these actions by noting that they create a sense of energy independence, ensure security, or achieve other social and economic goals. Energy, however, cannot be trapped in one "realm." Its nature …