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Full-Text Articles in Law

A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath Jan 2013

A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath

Akron Law Faculty Publications

Since enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the U.S. Supreme Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely …


An Ecosystem Management Primer: History, Perceptions, And Modern Definition, Kalyani Robbins Jan 2012

An Ecosystem Management Primer: History, Perceptions, And Modern Definition, Kalyani Robbins

Akron Law Faculty Publications

This chapter will first take the reader on a journey through the history of ecosystem management, providing a summary of how it has grown and developed over the past two decades. This will only naturally lead to the next part of the chapter, which focuses on the present understanding of how ecosystem management is to be defined and applied, as well as the variety in perceptions of this modern understanding. Finally, it will serve as an introduction to the remainder of the book, previewing the various contributions collected here, offered by some of the best-known scholars in the field of …


Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins Jan 2012

Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins

Akron Law Faculty Publications

The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …


Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Engangered Species Act, Kalyani Robbins Jan 2010

Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Engangered Species Act, Kalyani Robbins

Akron Law Faculty Publications

There has been long-term confusion among courts, agencies, developers, and environmental organizations regarding the legal, environmental, and economic impacts of designating critical habitat for species listed as threatened or endangered under the ESA. At the heart of this difficulty has been a need to understand the degree to which the protections for critical habitat can be distinguished from those for listed species generally. Critical habitat is primarily protected via section 7’s requirement that federal agencies consult with the Fish & Wildlife Service and the National Marine Fisheries Service to determine whether a proposed federal action either jeopardizes a listed species …


Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky Jan 1984

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Akron Law Faculty Publications

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …