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Full-Text Articles in Law

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Energy Competition: From Commodity To Boutique & Back, James W. Coleman Jan 2019

Energy Competition: From Commodity To Boutique & Back, James W. Coleman

Faculty Scholarship

Energy products such as power, gas, and oil have long been the world’s premier commodities. Consumers demand that power and fuel are available when they want it and they prefer to pay less for it. Few know or care where their fuel or power comes from. So for years energy companies believed that efforts to differentiate their products were mostly ineffective — they were re-signed to compete on price in fierce global commodity markets. But in recent years, a new focus on regulating how energy commodities are produced has begun to splinter previously integrated energy markets, creating markets for boutique ...


Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman Jan 2019

Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman

Faculty Scholarship

The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.

This new energy economy will require massive investment in energy transport — especially power lines to bring wind and solar ...


Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey Sep 2018

Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey

Public Land and Resources Law Review

The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.


Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson Sep 2018

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the ...


California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers Sep 2018

California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers

Public Land and Resources Law Review

In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.


California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V Sep 2018

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land and Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.


Buffalo Field Campaign V. Zinke, Hallee C. Kansman Sep 2018

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land and Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.


Western Organization Of Resource Councils V. Zinke, Daniel Brister Sep 2018

Western Organization Of Resource Councils V. Zinke, Daniel Brister

Public Land and Resources Law Review

Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.


Making Sustainability Disclosure Sustainable, Jill E. Fisch Sep 2018

Making Sustainability Disclosure Sustainable, Jill E. Fisch

Faculty Scholarship

Sustainability is receiving increasing attention from issuers, investors and regulators. The desire to understand issuer sustainability practices and their relationship to economic performance has resulted in a proliferation of sustainability disclosure regimes and standards. The range of approaches to disclosure, however, limit the comparability and reliability of the information disclosed. The Securities & Exchange Commission (SEC) has solicited comment on whether to require expanded sustainability disclosures in issuer’s periodic financial reporting, and investors have communicated broad-based support for such expanded disclosures, but, to date, the SEC has not required general sustainability disclosure.

This Article argues that claims about the relationship ...


The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy Sep 2018

The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy

GGU Law Review Blog

President Trump attempts to reduce the size of Bears Ears National Monument.


California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig Sep 2018

California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig

Utah Law Faculty Scholarship

Between 1900 and 2005, sea level along the extensive California coast rose seven inches (17.8 centimeters), and sea level rise there is still accelerating. Indeed, as the U.S. Global Change Research Program reported in 2014, the California coast faces a multitude of economic and ecological challenges as a result of climate change.Small wonder, then, that the State of California and several California communities—especially those in the San Francisco Bay area—have brought a series of lawsuits against some of the biggest sources of greenhouse gas (GHG) emissions, seeking both to slow the pace of climate change ...


Governor's Remarks, George Pataki Aug 2018

Governor's Remarks, George Pataki

Pace Law Review

Remarks by Gov. George Pataki on Law Day at Pace University School of Law, May 1, 1996.


Geoengineering: A Promising Weapon Oe An Unregulated Disaster In The Fight Against Climate Change?, J. Brent Marshall Aug 2018

Geoengineering: A Promising Weapon Oe An Unregulated Disaster In The Fight Against Climate Change?, J. Brent Marshall

Florida State University Journal of Land Use and Environmental Law

"It seems almost preposterous to buck the trends of holistic systems management and suggest running like the Sorcerer's Apprentice from symptom to symptom. It may also seem as though driving less or cutting fewer trees is simpler than scattering dust particles in the stratosphere. It is certainly more elegant. But when the Damocles' sword of massive biotic disruption is hanging over our heads, we should choose what works."'1

1. Jay Michaelson, Geoengineering and Climate Management: From Marginality to Inevitability, in CLIMATE CHANGE GEOENGINEERING: PHILOSOPHICAL PERSPECTIVES, LEGAL ISSUES, AND GOVERNANCE FRAMEWORKS 81, 114 (Wil C.G. Burns & Andrew L ...


Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli Aug 2018

Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Land Use Regulation And Good Intentions, Steven J. Eagle Aug 2018

Land Use Regulation And Good Intentions, Steven J. Eagle

Florida State University Journal of Land Use and Environmental Law

This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a political process prone to ad hoc deal making. Together, they result in regulation that is conceptually incoherent and continually provisional.

The Essay briefly reviews how land use philosophy has changed from early nuisance prevention, through Progressive Era comprehensive planning, to modern views of regulation as transactional. It examines our regulatory takings framework for delineating ...


Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia Aug 2018

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Nation's First Forester-In-Chief: The Overlooked Role Of Fdr And The Environment -- Review Of Douglas Brinkley's Rightful Heritage: Franklin D. Roosevelt And The Land Of America, Michael C. Blumm Aug 2018

The Nation's First Forester-In-Chief: The Overlooked Role Of Fdr And The Environment -- Review Of Douglas Brinkley's Rightful Heritage: Franklin D. Roosevelt And The Land Of America, Michael C. Blumm

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett Aug 2018

Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Book Review: Michael Faure & Goran Skogh, The Economic Analysis Of Environmental Policy And Law: An Introduction, Greg Goelzhauser Aug 2018

Book Review: Michael Faure & Goran Skogh, The Economic Analysis Of Environmental Policy And Law: An Introduction, Greg Goelzhauser

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek Aug 2018

Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


A Review Of Inhalation Exposure To Mold And Adverse Health Outcomes, Amanda S. Persad, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Carlos A. Muro-Cacho Aug 2018

A Review Of Inhalation Exposure To Mold And Adverse Health Outcomes, Amanda S. Persad, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Carlos A. Muro-Cacho

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Mycotoxins: Mechanisms For Toxicity And Methods For Identifying Exposed Individuals, Carlos A. Muro-Cach, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Amanda S. Persad Aug 2018

Mycotoxins: Mechanisms For Toxicity And Methods For Identifying Exposed Individuals, Carlos A. Muro-Cach, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Amanda S. Persad

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen Aug 2018

Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Extended Producer Responsibility: A Tool For Achieving Sustainable Development, Nicole C. Kibert Aug 2018

Extended Producer Responsibility: A Tool For Achieving Sustainable Development, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Green Buildings: An Overview Of Progress, Charles J. Kibert Aug 2018

Green Buildings: An Overview Of Progress, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Litigating Mold Claims: Crisis? What Crisis?, Gregory J. Johansen Aug 2018

Litigating Mold Claims: Crisis? What Crisis?, Gregory J. Johansen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Toxicology And Risk Assessment Of Mycotoxins, Raymond D. Harbison, Todd Stedeford, Marek Banasik, Carlos A. Muro-Cacho Aug 2018

Toxicology And Risk Assessment Of Mycotoxins, Raymond D. Harbison, Todd Stedeford, Marek Banasik, Carlos A. Muro-Cacho

Florida State University Journal of Land Use and Environmental Law

No abstract provided.