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Articles 1 - 14 of 14

Full-Text Articles in Law

Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov Dec 2017

Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov

Review of law sciences

the article considerates questions to improve national legislation in the sphere of agriculture and analyzes legislation about the protection of environment in the sphere of agriculture during the independence years. The offers about tasks of the monitoring in the sphere of environment situation and legal protection of environment in the sphere of agriculture are given.


Mays V. City Of Flint, Michigan, Nathan A. Burke Dec 2017

Mays V. City Of Flint, Michigan, Nathan A. Burke

Public Land & Resources Law Review

In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …


Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado Dec 2017

Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado

Fordham Environmental Law Review

No abstract provided.


Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili Dec 2017

Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili

Fordham Environmental Law Review

No abstract provided.


A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa Dec 2017

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa

Fordham Environmental Law Review

No abstract provided.


Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder Dec 2017

Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder

Fordham Environmental Law Review

No abstract provided.


A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha Dec 2017

A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha

Fordham Environmental Law Review

With a hostile federal administration, states must take up the fight against climate change. Shortly after the United States withdrew from the Paris Climate Accord, governors from several states announced efforts to meet the targets. This article argues that state level climate actions must consider the economic consequences of climate policy. A shift away from fossil fuels is a fundamentally necessary step in the fight against climate change. However, the economic impact of this shift will be felt most acutely by fossil fuel workers and communities, many of which are already facing economic hardships. Attention and resources must be focused …


Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright Dec 2017

Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright

Fordham Environmental Law Review

No abstract provided.


Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen Dec 2017

Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen

Fordham Environmental Law Review

No abstract provided.


Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney Aug 2017

Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney

Seattle Journal of Environmental Law

Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.


The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy Apr 2017

The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy

Dalhousie Law Journal

Is autonomy "natural"? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In 'Autonomy in the Anthropocene," the preceding article in this issue, Jason MacLean challenges the thesis of Ecolawgic. MacLean argues that autonomy is not a feature of neutral legal systems but a product of cultural norms and regulation. He maintains that Ecolawgic's prescription provides neither optimal economic outcomes nor effective environmental protection. …


Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean Apr 2017

Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean

Dalhousie Law Journal

Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy's Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardyproposes an alternative model ofenvironmental law premised on the logic of ecosystems and free markets. Pardy's Ecolawgic suffers, however from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy …


Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer Mar 2017

Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer

Cleveland State Law Review

Bioprospecting is a growing worldwide effort to protect knowledge and the environment. With its potential economic benefit and technological advancements, bioprospecting will continue to grow as the world advances. Other nations have begun to protect the information available and continue to develop legislation. However, the United States has been hesitant to ratify international treaties or implement its own legislation. This Note examines both domestic and international efforts to protect both indigenous people and the environment. It analyzes the legislation the United States currently has in place but also examines where the United States is lacking. Regarding the United States’ failure …


Murray Energy Corporation V. Mccarthy, Sarah M. Danno Feb 2017

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.