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Environmental Law

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2017

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Articles 331 - 344 of 344

Full-Text Articles in Law

No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel Jan 2017

No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel

St. Mary's Law Journal

Abstract Forthcoming.

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Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo Jan 2017

Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo

St. Mary's Law Journal

In Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, the Beaumont Court of Appeals articulated the test that should be applied when considering whether the condemnation of private property, which would result favorably for pipeline companies, should be allowed. In Denbury, the Beaumont Court of Appeals balanced the protection of private property rights against the need for true common carrier pipeline companies to condemn private property. The court held that in order to condemn private property, a substantial public interest must exist to justify such condemnation. The Texas Supreme Court, however, reversed the decision of the Beaumont Court of …

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Act 13 And The Environmental Rights Amendment, Lucas Liben, Marla D. Tortorice Jan 2017

Act 13 And The Environmental Rights Amendment, Lucas Liben, Marla D. Tortorice

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Little Streams And Legal Transformations, Dave Owen Jan 2017

Little Streams And Legal Transformations, Dave Owen

Utah Law Review

In 1972, Congress passed a statute whose text offered sweeping protection for waterways across the nation. In theory, those protections extended to little streams. Actual practices were different, not just in the 1970s but also well into the 1990s. But over the past twenty years, small streams have become a central focus of regulatory protection, with the extent and type of those protections continuing to evolve to this day, and with additional changes still possible. The future of that evolution is uncertain, and it may hang in the balance; Congress, the incoming administration, or the courts could nip much of …

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The Ends And Means Of Pollution Control: Toward A Positive Theory Of Environmental Law, David M. Driesen Jan 2017

The Ends And Means Of Pollution Control: Toward A Positive Theory Of Environmental Law, David M. Driesen

Utah Law Review

An understanding of environmental law’s means and ends makes it possible to understand the field as a whole, both in terms of the overall structure of statutes and relationships between means and ends. This analysis of means and ends yields a host of valuable insights and significant research questions. It also provides an important foundation for evaluating proposed regulatory reforms. A reasonably complete theory, at a minimum, should also explain key features of the enforcement regime and the allocation of authority among governments. The theory of means and ends articulated here constitutes a very substantial step forward in constructing a …

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United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley Jan 2017

United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley

St. Mary's Law Journal

Abstract Forthcoming.

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Tx Rice V. Denbury., Thomas Alan Zabel Jan 2017

Tx Rice V. Denbury., Thomas Alan Zabel

St. Mary's Law Journal

Abstract Forthcoming.

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Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jesse Reynolds, Jorge L. Contreras, Joshua D. Sarnoff Jan 2017

Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jesse Reynolds, Jorge L. Contreras, Joshua D. Sarnoff

Minnesota Journal of Law, Science & Technology

No abstract provided.

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The Colorado River Revisited, Jason Anthony Robison Jan 2017

The Colorado River Revisited, Jason Anthony Robison

University of Colorado Law Review

Fifty years ago, former Stanford Law School Dean Charles Meyers published The Colorado River, 19 STAN. L. REV. 1 (1966), arguably the most famous piece of legal scholarship ever written on this vital water source and the complex body of laws governing its flows-colloquially, the "Law of the River." That piece and a companion, The Colorado River: The Treaty with Mexico, 19 STAN. L. REV. 367 (1967), offered seminal accounts of the legal histories, doctrinal features, and unresolved perplexities of the Law of the River's international and interstate allocation framework. Five decades later, between thirty-five and forty million U.S. residents …

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The Epa’S Endangerment Finding On Aircraft Greenhouse Gas Emissions: A Preliminary Analysis, Katherine A. Bechina, John C. Nettels, Brett A. Shanks Jan 2017

The Epa’S Endangerment Finding On Aircraft Greenhouse Gas Emissions: A Preliminary Analysis, Katherine A. Bechina, John C. Nettels, Brett A. Shanks

Journal of Air Law and Commerce

No abstract provided.

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Introduction To The 10th Marine Law Symposium, Julia Wyman Jan 2017

Introduction To The 10th Marine Law Symposium, Julia Wyman

Roger Williams University Law Review

No abstract provided.

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Pride And Prejudice And Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, And State Exceptionalism Failed Flint, Michigan, Brie D. Sherwin Jan 2017

Pride And Prejudice And Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, And State Exceptionalism Failed Flint, Michigan, Brie D. Sherwin

University of Colorado Law Review

It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with orange juice. For months they inquired, complained, and assembled in hopes that someone in a position of authority would notice what was so obvious to them. And for months they were dismissed and even ridiculed. Turns out they were right. It took …

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Combating Climate Change In The Indus River Basin, Waseem Ahmad Qureshi Jan 2017

Combating Climate Change In The Indus River Basin, Waseem Ahmad Qureshi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Rising To The Level Of Climate Science: Rhode Island, The National Flood Insurance Program, And Sea Level Rise Projections, Nicole E. Rohr Jan 2017

Rising To The Level Of Climate Science: Rhode Island, The National Flood Insurance Program, And Sea Level Rise Projections, Nicole E. Rohr

Roger Williams University Law Review

No abstract provided.

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