Law Commons^™

India’S Use Of Public/Private Partnerships To Promote Rapid Expansion Of Solar Electricity Facilities, Kara Consalo

Journal Publications

This Article will explore the use of PPPs to encourage the flow of private capital and expertise toward development of low-carbon, low pollution, sustainable energy generation in India to achieve the country's ambitious goal of creating 175 gigawatts of renewably sourced electricity by 2022. The lessons in India's extensive use of PPPs to achieve such ambitious electricity goals should serve as a model for other governments to engage the private sector to successfully develop solar and other renewable energy projects with limited risk but with significant benefits for their citizens.

Vulnerable Populations: Climate Change And Extreme Weather Threats Facing Urban Communities, Kara Consalo

Journal Publications

This article explores increasing extreme weather threats facing American cities due to global climate change, including hurricanes, floods, heat waves, and wildfires. After explanation of such threats, the paper delves into case studies of the response and resiliency measures being undertaken by three preeminent coastal American cities to prepare for weather disasters: New York, Miami, and San Francisco. The paper concludes by providing guidance and recommendations for urban policymakers seeking to develop resiliency measures in the face of long-term effects and short-term emergencies created by climate and weather extremes. Such recommendations include how to initiate and fund development of climate …

Does The Doctrine Of Equitable Apportionment Apply To Conflicts Between States Over Groundwater Resources When Such Resources Are Derived From An Aquifer That Lies Beneath More Than One State?, Robert Abrams

Journal Publications

The Middle Claiborne Aquifer is a large sand formation that contains groundwater within its sand’s porous spaces. The Aquifer spans beneath Mississippi, Tennessee, and at least six other neighboring states. Since 1886, the City of Memphis has withdrawn water from the aquifer to supply drinking water. Memphis also has withdrawn water for irrigation and industrial purposes. Due to increased water pumping, water levels in the aquifer have dropped, lowering the piezometric head (water pressure) in different locations, including between the two states’ borders. In 2005, Mississippi filed suit against the City of Memphis and the Memphis Light, Gas and Water …

The Acf Water Wars Final Episode: Is Florida Entitled To Greater Flow In The Apalachicola River?, Robert Abrams

Journal Publications

This case marks the second trip to the Supreme Court for Florida’s equitable apportionment case seeking to obtain greater flows into Apalachicola Bay, the estuary of the ApalachicolaChattahoochee-Flint (ACF) River Basin. In a 2018 decision, the Supreme Court reviewed a report of then-Special Master Ralph Lancaster recommending that the Court deny relief to Florida because of the Court’s inability to provide relief without having the Army Corps of Engineers as a party to the litigation. At that time, a 5–4 majority ruled that the Special Master had applied too demanding a standard of proof to the issues surrounding redressability and …

Under The Pecos River Compact, Can Texas's Allocation Of Water Be Charged For Evaporation Of Floodwater Stored In An Upstream Reservoir Located In New Mexico?, Robert Abrams

Journal Publications

The 1949 Pecos River Compact allocates the river’s water between Texas and New Mexico. In an earlier phase of this original jurisdiction litigation, concluded roughly 30 years ago, the Supreme Court resolved issues regarding how the states’ obligations were to be calculated. The Compact allocation involves a highly technical formula that depends on measurements of the river’s inflow and outflow in each water year. To effectuate its decision going forward, the Court retained jurisdiction and appointed a River Master to oversee the annual quantification of New Mexico’s delivery obligation. The current dispute arose when in fall of 2014, Tropical Storm …

Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams

Journal Publications

Atlantic Coast Pipeline, LLC, proposed construction of a natural gas pipeline stretching from West Virginia to North Carolina. The route approved by the Federal Energy Regulatory Commission included a section running across National Forest System land, including the point at which the pipeline would cross the Appalachian National Scenic Trail (ANST). After initial objections, the U.S. Forest Service reversed course and issued the needed right-of-way across National Forest System lands. Environmental groups objected and a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held that the Forest Service had acted arbitrarily and capriciously thereby violating …

"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith

Alumni Works

Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.

Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns

Journal Publications

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of …

Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers

Journal Publications

Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the …

Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino

Student Works

Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt, The Jungle …

Of Life And Limb: The Failure Of Florida's Water Quality Criteria To Test For Vibrio Vulnificus In Coastal Waters And The Need For Enhanced Criteria, Regulation, And Notification To Protect Public Health, Felicia Thomas

Student Works

The nefarious duo of warming oceans and rising sea levels has created a menacing yet lesser-known climate change-induced problem: an increase in sea-borne diseases. For most, the biggest concern when diving into the ocean is a possible, though exceedingly rare, shark encounter; however, it is the unexpected, unseen risk of Vibrio vulnificus that poses the greater danger. Part I of this paper discusses Vibrio vulnificus cases along the coasts of Florida, examining both the illnesses that were contracted through exposure of open wounds to seawater and those contracted through the consumption of raw oysters from the Gulf Coast. Part II …

A Shift In The Wind: Siting More Wind Power Projects Along Texas' 367-Mile Coast Of Gulf Winds, And Mitigating Potential Risk To Migratory Bird Populations, Oscar Burkholder

Student Works

Wind farm development in Texas is surging, making wind power Texas’ hottest energy prospect. Texas currently produces more wind power than any other state by a significant margin, and it keeps blowing through major milestones almost every year. Part II of this paper discusses the relationship between Texas and wind energy, examining the success of onshore wind energy in Texas, the uncertainty and challenges of offshore wind energy in the Gulf of Mexico, and possible room for improvement in Texas’ onshore wind farms. Part III analyzes Texas’ current legal framework, evaluating key federal involvement within Texas’ wind energy industry, and …

How The Public Trust Doctrine's Fiduciary Duty Requirement Requires States' Proactive Response To Promote Offshore Power Generation, Andrew S. Ballentine

Student Works

As the earth continues to warm and the impacts of that warming trend loom larger, the question becomes whether and to what degree do governments have responsibility to respond to that threat. The potential range of threats and impacts from climate change vary greatly and governments’ ability to respond, effectively and efficiently, exceeds that of the individual and therefore must fall on the greater collection of individuals. In the United States, one way that the collection of individuals is represented, albeit with limitations, is by the government that operates for the collective public good. This Article focuses on what responsibility …

Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana

Journal Publications

Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …

Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate

Journal Publications

Ocean iron fertilization (OIF) is a new and controversial climate change mitigation strategy that seeks to increase the carbon-absorbing capacity of ocean waters by depositing significant quantities of iron dust into the marine environment to stimulate the growth of phytoplankton blooms. The photosynthetic processes of these blooms absorb carbon from the atmosphere and sequester it to the ocean floor. OIF has been criticized on several grounds. including the foreseeable and unforeseeable adverse consequences it may cause to the marine environment, as well as the daunting challenge of reconciling several potentially overlapping sources of international and domestic environmental law, which may …

International Legal Protection For Climate Refugees: Where Lies The Haven For The Maldivian People?, Simran Dolla

Student Works

Climate change and sea level rise are not just mere words for the Maldivian people; they are a grim reality that is consuming their nation. Sea level rise presents one of the gravest dangers for the Maldives because of its already low-lying characteristics. As the levels continue to rise, the nation is sinking into extinction. Some 300,000 people of the Maldives are on the brink of losing their homes and becoming climate change refugees. The existing international laws are not only ill-equipped to provide protections or the much-needed relief, they also make no mention of climate change refugees. Therefore, as …

Eyes On Bangladesh's Disappearing Coasts: Proposed Constitutional Protections For Coastal Communities Particularly Vulnerable To Climate Change, Sabrina Persaud

Student Works

Climate change, a phenomenon caused by global warming, has impacted just about every part of the earth. As polar ice caps continue to melt, people across the world are experiencing record-breaking heat waves and warmer winters. These erratic weather patterns are just one of the many impacts of climate change. Changes in temperature have altered ecosystems and habitats for terrestrial and marine wildlife, and caused human health to deteriorate. Larger, more industrialized countries are the major contributors to climate change; however, smaller countries, such as Bangladesh, suffer the consequences. This article analyses the negative effects that climate change has had …

Please Turn Your Lights Off, The Turtles Are Nesting: Ensuring That Federal, State, And Local Laws Help Guide Endangered Marine Turtle Hatchlings In Florida To The Right Source Of Light, Cameryn Justice Rivera

Student Works

In Florida, artificial lighting is a huge problem for marine turtle hatchlings and nesting mothers. Part I of this paper provides background information on sea turtle behavioral patterns in nesting and hatching, while also highlighting the problems of disorientation and nesting deterrence. Part II examines federal and state laws that authorize and delegate sea turtle oversight protections, administer legal and practical protection, and attempt to enforce the laws to prevent sea turtle disturbances or deaths. Part III discusses local ordinance regulations on artificial lighting and comments on the Model Lighting Ordinance in Florida. Part IV analyzes sea turtle law coordination …

Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David

Student Works

Energy is a key component in the redress of climate change evils and the United States has one of the highest per capita energy consumption in the world. The federal government’s goal is to reduce the country’s dependence on oil and double its wind and solar electricity generation by 2025. The development of renewable energy projects is to a great extent tied to Indian Country. This is highly important for Indian tribes as an empowering mechanism. Such projects could represent new sources of income for tribes whose traditional subsistence-based lifestyles have been impacted by climate change. Renewable energy projects in …

Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor

Student Works

Nations around the world are beginning to acknowledge that climate change is an imminent threat to our planet and are responding with mitigation efforts. REDD+ (reducing emissions from deforestation and degradation plus) may be a way to minimize the deforestation that has lead to the increased greenhouse gas emissions causing a change in our global climate. Although REDD+ is one the leading proposals to address climate change, it lends itself to potentially harmful effects on indigenous people, if the regulating nation does not possess adequate policy for protections of their indigenous peoples. Indigenous peoples face the challenge of safeguarding access …

Big Storms, Big Debt, And Biggert-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vazquez

Student Works

The National Flood Insurance Program (NFIP) began with good intentions. It was first enacted for the purpose of making flood insurance reasonably affordable while protecting against losses after disasters. However,

Congress failed to accurately update the program in the face of climate change and new coastal development. Because of this oversight, the overall risk associated with the program outgrew the collection of premiums, which led to an enormous debt to be incurred by the federal government. Once changes did finally come, they led to massive increases in insurance rates and a massive public outrage. Residents of states like Florida faced …

Cooling Down Florida's Coast: Saving East Central And Southeast Florida's Sea Turtles From Impacts Of Climate Change, Kara Graham

Student Works

No abstract provided.

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Student Works

No abstract provided.

Erosion-Induced Community Displacement In Newtok, Alaska And The Need To Modify Fema And Nepa To Establish A Relocation Framework For A Warming World, Ashley Rawlings

Student Works

No abstract provided.

Water Law Transitions, Robert H. Abrams

Journal Publications

The history of water law throughout the United States is dynamic. Beginning with the inherited doctrine of English common law natural flow riparianism, the changes in law can be described as instrumentalist in the sense that "judges and legislatures made this branch of water law an instrument of pro-developmental policy." When the natural flow doctrine's requirement that the stream flow down to lower owners undiminished as to quantity and quality clashed with the needs of the extensive utilization of water powered mills in the nineteenth century, the courts pioneered an American doctrine of reasonable use riparianism that would sustain water-dependent …

Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Kara Consalo

Journal Publications

During World War II, the U.S. Army used over 12,000 acres in
what is now the eastern edge of the City of Orlando as a gunnery, bomb
training, and military demonstration range. Due to its close proximity to
the Orlando Army Air Base (now Orlando Executive Airport) and the
Pinecastle Army Airfield (now Orlando International Airport), this
property was perfectly located for airborne target practice. The area,
known as the Pinecastle Jeep Range was intentionally bombarded with
explosive and chemical bombs, rockets, bullets, scrap metal, and even
an old Jeep! After the war, the Army terminated its lease and the …

Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate

Journal Publications

No abstract provided.

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen

Journal Publications

The 2012 United States Supreme Court case Arkansas Game & Fish Commission v. United States presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam's pattern of releases. The Court held that, "government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection" and must, instead, be tested according to the Court's usual precedents governing temporary physical invasions and regulatory takings. The Federal Circuit held a …

A Tale Of Two Cities: The Need For Greater Federal Involvement To Ensure Proper Notification, Medical Monitoring And Treatment, And Successful Relocation For Tallevast, Florida And Other Environmental Justice Communities, Sabrina R. Collins

Student Works

This article explores the environmental justice battles being waged in two Florida communities. The first is in Pensacola at the site of the infamous “Mount Dioxin” and the second is in Tallevast. The article further examines the treatment of the two communities by the local, state and federal governments. Further insight is also provided regarding the affected communities. The article offers suggestions for fair and effective treatment of environmental justice communities.

Going Overboard: The Criminalization Of Seafarers In Violation Of Their Human Rights, Regional And Domestic Law's Conflict With Unclos And Marpol, And The Need For Reform, Megan K. Reid

Student Works

Following an oil spill, swift and aggressive measures are often taken to ensure that the public demand for justice is fulfilled. Unfortunately, seafarers are often placed in the post-incident spotlight, regardless of whether the incident involved operational error. During the 2002 Prestige accident, an oil spill formed off the coast of Spain in the middle of a raging storm. Spanish authorities denied the ship access to a calm harbor, which would have allowed the captain and crew to mitigate the environmental harm.

Part I of this article will review the Prestige oil spill, where criminal liability was imposed on the …