Law Commons^™

Ohio's Avoidance Of Total Maximum Daily Load And The Continued Relevance Of The Constructive Submission Doctrine, Ashley Kirk

Global Business Law Review

This Note examines several provisions of the Clean Water Act (CWA)—in particular, Total Maximum Daily Loads (TMDLs)—in the context of recent litigation over the State of Ohio’s plan to address Lake Erie water quality. It looks at the role of TMDLs in CWA implementation and explains Ohio’s response to Lake Erie water quality, asserting that Ohio’s ranking of Lake Erie as a "low priority," in conjunction with its plan to follow a non-binding international agreement, the Great Lakes Water Quality Agreement, is simply an attempt to create another CWA loophole and avoid TMDL obligations. This Note also considers federal courts' …

Relationship Between Sustainable Outer Space Law And The Use Of Satellite Technology In Handling Marine Plastic Debris, Andreas Pramudianto

Journal of Environmental Science and Sustainable Development

Since the discovery of plastic material, which ends up as plastic waste after use and partly enters the sea, it has become a global problem that needs serious treatment. No international agreement exists about handling marine plastic debris. By contrast, national laws have been created to plastic bags and plastic debris. Currently, the existing legal instruments, especially in outer space law, are still traditional and inadequate. A sustainable new paradigm in outer space law is needed, such as the use of satellite technology, such as the COSMOS satellite by RKA Recosmos, for global environmental issues, including the ozone layer, climate …

Analysis On The Effectiveness Of “Unbundling” And “Open Access” In Indonesian Gas Business Sector, Parulian Paidi Aritonang

Jurnal Hukum & Pembangunan

Natural gas is a very important non-renewable natural resource that controls the lives of many people. Therefore, the exploitation and utilization of natural gas must be carried out wisely and for the greatest prosperity of the people. This is mandated in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia that "Earth, water and the natural resources contained therein are controlled by country and used for the greatest prosperity of the people". With the promulgation of Law Number 22 the Year 2001 concerning Oil and Gas, there has been restructuring in the implementation of natural gas …

Legal Certainty For Foreign Investors In Coal Mining In Indonesia, Rouli Anita Velentina Anita Velentina

Jurnal Hukum & Pembangunan

Since 2009, there have been significant regulatory changes in coal mining in Indonesia, beginning with the enactment of Law No.4 of 2009 concerning Mineral and Coal Mining, which replaced the prior system of contracts and mining authorizations (Kuasa Pertambangan; KP) with mining business permits (Ijin Usaha Pertambangan; IUP). There are two types of IUP: exploration and production operation. Then, the mechanism of Clean and Clear was created to reduce the large numbers of overlapping licenses. This article explores Indonesian regulatory changes and court rulings in coal mining and clarifies share divestment requirements for foreign investors in Indonesian coal-mining operations, which …

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …

There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford

Student Theses 2015-Present

This report addresses the widespread pollution of domestic groundwater resources with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) caused by firefighting activities performed at military installations across the United States. Two former military bases in Southeastern Pennsylvania are used as a single case study: the Naval Air Development Center (NADC) in Warminster and the Naval Air Station Joint Reserve Base (NASJRB) in Horsham. Chapter 1 gives a history of domestic military bases from the perspective of the infrastructure buildup and downsizing that occurred over the 20th Century, along with the environmental degradation revealed during brownfield redevelopment. The chapter then gives specifics about …

Waived: The Detrimental Implications Of U.S. Immigration And Border Security Measures On Southern Border Tribes – An Analysis Of The Impact Of President Trump’S Border Wall On The Tohono O’Odham Nation, Keegan C. Tasker

American Indian Law Journal

No abstract provided.

Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore

American Indian Law Journal

In 1976, Congress passed the Resource Conservation and Recovery Act (“RCRA”) to curtail the growing problem of disposing of hazardous waste and toxic substances generally. Decades prior, Congress established the Federal Tort Claims Act (“FTCA”) to hold the federal Government liable for tortious conduct the same way a private citizen would be. The federal government assumed the responsibility to ensure the wellbeing of Native Nations (“NN”). This is commonly referred to the “Trust Doctrine.” This duty stems from the settlement of Native American lands, and a recognition of the treaties entered into by the United States with a “moral [obligation] …

Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Fighting On Behalf Of The Salish Sea, Cloie M. Chapman

American Indian Law Journal

Despite the wealth of data that suggests climate change will disrupt our ecosystems, key political actors have declined to take action to mitigate the anticipated effects. Further, we have seen deeper investment into the fossil fuel industry, an industry that has been a substantial contributor to climate change. Community-led movements have proven more successful in engaging with these issues on the ground. Creative legal strategies could aid in this movement and allow for strengthened enforcement of rights that are closely dependent on the health of the environment.

The Salish Sea is a body of water that reaches from Western Canada …

Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

December 13, 2019 letter to EPA providing additional comments on the Fourth Five Year Review and related documents which must analyze whether the cleanup is protective of human health and the environment: the Navy’s risk assessment should consider consumption of produce grown on the former shipyard; the Navy must provide rationale for the remedial goal used for radium-223; the retesting must use adequate sensitivity to detect radioactivity far below the current remedial goals which are not protective, and; the Navy continues to make unfounded assertions about the protectiveness of the remedy. (6 pages)

Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.

Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

Senate Bill 1383 Stinks, Steffani Fausone

Student Scholarship

Climate change is no longer a prediction; it is a reality. Part of the climate change conversation revolves around increased methane emissions, focusing on the agricultural industry as a culprit. To address these concerns, the California legislature recently passed Senate Bill 1383, which aims to reduce methane emissions from one agricultural industry in particular--dairies. This far-fetched bill is the first in the country to attempt to regulate methane from dairy cattle. With so much uncertainty surrounding this bill's effects, this Comment argues that the bill will hurt the dairy industry more than it helps combat climate change. This Comment also …

The Simultaneous Pursuit Of Cost Recovery And Contribution Under Cercla: Making Sense Of Cercla's Private Party Remedies In The Aftermath Of Atlantic Research, Eric A. Degroff

Mitchell Hamline Law Review

No abstract provided.

The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola

Journal of Law and Policy

Executive Order 12898—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—was issued to achieve “environmental protection for all communities” by drawing federal agencies’ attention to the environmental and human health effects brought about by their actions. The National Environmental Policy Act (NEPA) sets forth a detailed process which aims to ensure that each agency will have available, and will consider, a carefully detailed compilation of information concerning significant environmental impacts resulting from federal actions before taking those actions. Realizing the Executive Order’s goal, however, is rendered problematic, in part because of the difficulty in challenging an Environmental …

Raping Indian Country, Sarah Deer, Elizabeth Kronk Warner

Utah Law Faculty Scholarship

In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon …

Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean

Dalhousie Law Journal

Canada has long been a climate change policy laggard. Canada is among the world’s poorest-performing countries in terms of climate action—not only is Canada’s greenhouse gas emissions-reduction target under the Paris Agreement insufficiently ambitious, Canada is not even remotely on track to meet it. Canada’s enduring inaction on climate change is legitimized and sustained by its mainstream corporate news media, which contribute to the oil and gas industry’s capture of Canadian climate and energy policy. In this article, I examine how Canada’s leading national newspaper, The Globe and Mail, editorially framed the completion of the controversial expansion of the Trans …

Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning

Dalhousie Law Journal

Recent climate events such as Hurrican Harvey in Texas foreshadow the dangers that could result from critical energy infrastructure failure in Canada due to physical impacts caused by climate change. This article examines the types of climate impacts that could affect critical energy infrastructure in Canada. The article argues that these impacts translate into three types of corporate risk to the owners and operators of the critical asset: economic risks to the infrastructure asset; management and operational risks to the corporation; and risks arising from corporate disclosure obligations. Applying the theoretical approach of "risk management," the article concludes that, on …

Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

The climate is rapidly changing, bringing more frequent and extreme floods, droughts, and heatwaves, along with stronger hurricanes and more intense wildfires. Each year brings new record-breaking weather extremes; in the first six months of 2019, for example, a record number of U.S. counties flooded. July 2019 was the hottest month ever recorded for the world as a whole (1). Climate change is also melting glaciers, reducing the amount of sea ice, and raising sea levels, bringing devastation to coastal areas. From Louisiana to Alaska, many coastal communities are forced to make difficult decisions about whether to relocate …

Virginia Uranium, Inc. V. Warren, Nyles G. Greer

Public Land & Resources Law Review

The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.

Afternoon Keynote: How Climate Change Impacts Are Considered In The Credit Rating Process, Leonard Jones

Virginia Coastal Policy Center Annual Conference

No abstract provided.

Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

November 7, 2019 letter to the Navy commenting on its Draft Addendum to the Five Year Review (evaluating radiological remedial goals for buildings), noting that the Navy’s process for calculating risk was inconsistent with EPA guidance in numerous instances, and resulted in underestimating risk to human health and the environment. Even so, the resulting risk was outside what EPA considers protective. (14 pages)

"The Weak Are Meat, And The Strong Do Eat"; Representations Of The Slaughterhouse In Twentieth And Twenty-First Century Literature, Stephanie Lance

USF Tampa Graduate Theses and Dissertations

This dissertation explores how literary representations of the slaughterhouse predict the trajectory of human greed that is fueled by capitalist economic practices that shape environmental policies. I argue that literature brings attention to what is generally hidden from public view: the way humans and animals are erased in the production of food, which includes the inhumane treatment of humans and other animals in the slaughterhouse. The literature in this dissertation provides an avenue through which we can investigate the entangled oppression of humans and other animals in an effort to challenge perceptions that reduce animals, and marginalized humans, to objects. …

Preview—County Of Maui, Hawaii V. Hawaii Wildlife Fund: Clean Water Act Regulation Of Point Source Pollution Conveyed Through Groundwater, Connlan W. Whyte

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Wednesday, November 6, 2019, at 10:00 a.m. at the Supreme Court Building in Washington, D.C. Elbert Lin will likely appear for the Petitioner. David Lane Henkin will likely appear for the Respondents. Solicitor General, Noel J. Francisco, will argue on behalf of the United States.

The Methodologist For Regulation A New Policy Of Ship Recycling In Indonesia Based On Hkc 2009, Hadi Prabowo

World Maritime University Dissertations

No abstract provided.

Wildearth Guardians V. Zinke, Emily M. Mcculloch

Public Land & Resources Law Review

WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.

Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed

Public Land & Resources Law Review

In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.

Legal Frameworks & Foreign Investment: A Primer On Governments’ Obligations, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke, Rumbidzaii Mawen

Columbia Center on Sustainable Investment Staff Publications

Legal frameworks, and how they interact, are often invisible in the day to day. Yet they are powerful forces that influence government actions and that help to shape who benefits and who loses from foreign investment. Understanding these legal frameworks, and how they interact, is critical for anyone concerned with how foreign investment can be better harnessed to support, rather than weaken, sustainable development and human rights.

This primer provides a brief overview of host government obligations under international investment law, international human rights law, domestic law, and relevant investor-state contracts. It also highlights some of the ways in which …

Outcome Report On The Climate Crisis, Global Land Use And Human Rights Conference, Mateusz Kasprowicz, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

On September 27^th, the Columbia Center on Sustainable Investment (CCSI), the Sabin Center for Climate Change Law, Landesa, the New York City Bar Association International Environmental Law Committee, and Wake Forest Law School hosted a day-long conference on the intersection between land use, the climate crisis and clean energy transition, and human rights.

Held at the Ford Foundation Center for Social Justice, the conference brought together individuals from civil society organizations, governments, and academia, as well as lawyers, climate scientists, land-rights experts, indigenous representatives and other stakeholder groups. The panelists analyzed the critical role that land plays in …