Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pace University (37)
- The University of Akron (36)
- University of Missouri School of Law (30)
- St. Mary's University (27)
- Loyola University Chicago, School of Law (22)
-
- UC Law SF (19)
- William & Mary Law School (18)
- University of Montana (16)
- Villanova University Charles Widger School of Law (14)
- University of Washington School of Law (13)
- Golden Gate University School of Law (12)
- Seattle University School of Law (11)
- University of Michigan Law School (11)
- University of San Diego (9)
- Washington and Lee University School of Law (9)
- University of Georgia School of Law (8)
- Barry University School of Law (7)
- Duke Law (7)
- Florida A&M University College of Law (6)
- Mitchell Hamline School of Law (6)
- University of New Mexico (6)
- University of Richmond (6)
- UIC School of Law (5)
- American University Washington College of Law (4)
- University of Colorado Law School (4)
- University of Kentucky (4)
- Vanderbilt University Law School (4)
- SJ Quinney College of Law, University of Utah (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- Universitas Indonesia (3)
- Keyword
-
- Environmental law (39)
- Environment (19)
- Climate change (18)
- EPA (17)
- Environmental Protection Agency (12)
-
- Pollution (11)
- Moot court (10)
- NELMCC (10)
- NEPA (10)
- Environmental Law (8)
- Food Law (8)
- Law (8)
- St. Mary’s Law Journal (7)
- St. Mary’s University School of Law (7)
- Clean Air Act (6)
- Climate Change (6)
- Regulation (6)
- Air pollution (5)
- Compensation (5)
- Emissions (5)
- Environmental protection (5)
- Food Policy (5)
- Moot problem (5)
- Oil (5)
- Pace Law School (5)
- Renewable energy (5)
- California (4)
- Clean Water Act (4)
- European Union (4)
- Federal agencies (4)
- Publication
-
- Akron Law Review (36)
- Journal of Environmental and Sustainability Law (30)
- Pace Environmental Law Review (27)
- St. Mary's Law Journal (27)
- Public Interest Law Reporter (22)
-
- UC Law Environmental Journal (19)
- William & Mary Environmental Law and Policy Review (17)
- Villanova Environmental Law Journal (14)
- Public Land & Resources Law Review (13)
- Pace Environmental Law Review Online Companion (10)
- Golden Gate University Environmental Law Journal (9)
- Michigan Journal of Environmental & Administrative Law (9)
- San Diego Journal of Climate & Energy Law (9)
- Washington and Lee Journal of Energy, Climate, and the Environment (9)
- Georgia Journal of International & Comparative Law (8)
- Seattle University Law Review (8)
- Washington Journal of Environmental Law & Policy (8)
- Duke Environmental Law & Policy Forum (7)
- Environmental and Earth Law Journal (EELJ) (7)
- Florida A & M University Law Review (6)
- William Mitchell Law Review (6)
- Natural Resources Journal (5)
- UIC Law Review (5)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (4)
- University of Colorado Law Review (4)
- Vanderbilt Journal of Transnational Law (4)
- Washington Law Review (4)
- Montana Law Review (3)
- Touro Law Review (3)
- University of Baltimore Journal of Land and Development (3)
Articles 1 - 30 of 387
Full-Text Articles in Law
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Indonesia Law Review
Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.
Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia
Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia
Public Land & Resources Law Review
In Natural Resources Defense Council v. United States Environmental Protection Agency, the court was asked to review the EPA’s Vessel General Permit that set limits on the discharge of pollutants in a ship’s ballast water. Ballast water discharge has become one of the major contributors to the spread of invasive species, especially in the Great Lakes where short voyages allow organisms to easily survive in ballast water. The EPA’s lack of information was a problem of its own making because it prohibited the Science Advisory Board and National Academy of Sciences from adequately exploring available technology before setting the effluent …
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
Indiana Law Journal
In response to a National Oceanic and Atmospheric Administration (NOAA) survey that showed “record-low levels of abundance” of groundfish in the Gulf of Maine (“Gulf”), local fisherman Brian Pearce asserted: “It concerns [me] that what [NOAA is] saying and what we [the local fishermen] are seeing is such a contrast . . . . Who sees more fish in the ocean than the fishermen?” Despite Mr. Pearce’s skepticism, the state of the cod fishery in the Gulf of Maine—home to “critical” and “legendary" fishing grounds in Canadian and American territories—is, in fact, dire. According to the NOAA survey, conducted in …
Endangered Species, Endangered Treaties: Protecting Treaty Rights, Economic Development, And Tribal Consultation Under Secretarial Order 3206, Jeremy Wood
American Indian Law Journal
No abstract provided.
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle
Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle
Michigan Journal of Environmental & Administrative Law
President Nixon recognized the controversy surrounding off-road vehicle (ORV) use on public lands when he signed Executive Order 11,644 in 1972. The Executive Order set out minimization criteria that bound federal land management agencies’ ORV area and trail designations. Forty years later, agencies are still struggling to implement the minimization criteria. Recent court opinions have struck down implementation attempts by the National Park Service, Bureau of Land Management, and Forest Service. This note argues that agencies require additional guidance for ORV management, particularly in light of case law that sets a floor for achieving minimization. After examining how the mandate …
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Michigan Journal of Environmental & Administrative Law
Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a descriptive …
Dealing With Ocean Acidification: The Problem, The Clean Water Act, And State And Regional Approaches, Robin Kundis Craig
Dealing With Ocean Acidification: The Problem, The Clean Water Act, And State And Regional Approaches, Robin Kundis Craig
Washington Law Review
Ocean acidification is often referred to as climate change’s “evil twin.” As the global ocean continually absorbs much of the anthropogenic carbon dioxide produced through the burning of fossil fuels, its pH is dropping, causing a plethora of chemical, biological, and ecological impacts. These impacts immediately threaten local and regional fisheries and marine aquaculture; over the long term, they pose the risk of a global mass extinction event. As with climate change itself, the ultimate solution to ocean acidification is a worldwide reduction in carbon dioxide emissions. In the interim, however, environmental groups such as the Center for Biological Diversity …
Coping With Uncertainty: Cost-Benefit Analysis, The Precautionary Principle, And Climate Change, Daniel A. Farber
Coping With Uncertainty: Cost-Benefit Analysis, The Precautionary Principle, And Climate Change, Daniel A. Farber
Washington Law Review
Climate scientists are confident that greenhouse gases are causing climate change, but it is difficult to predict the severity of future climate change or its local impacts. Unfortunately, we cannot wait for these uncertainties to be resolved before addressing the issue of climate change. Policymakers use two different strategies for setting climate policy in the face of this uncertainty: cost-benefit analysis and the precautionary principle. Although there has been much discussion of these strategies in the abstract, there has been less effort to assess them in operation. This Article analyzes these strategies and considers their application to climate risks in …
The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba
The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba
Michigan Journal of Environmental & Administrative Law
The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) provides three distinct “private” causes of action that allow parties to recover all or part of their cleanup costs from “potentially responsible parties.” Section 107(a)(4)(B) provides a “direct” right of cost recovery. Sections 113(f)(1) and 113(f)(3)(B) provide a right of contribution following a CERCLA civil action or certain judicial or administrative settlements. The relationship among these causes of action has been the source of considerable confusion. Two Supreme Court cases, Cooper Industries, Inc. v. Aviall Services, Inc. and United States v. Atlantic Research Corp. have identified certain situations in which the …
Energy-Environment Policy Alignments, Todd S. Aagaarad
Energy-Environment Policy Alignments, Todd S. Aagaarad
Washington Law Review
Energy law focuses on making energy widely available at reasonable cost, and environmental law focuses on preventing pollution. As a result of these differences in their respective orientations, the two fields often work incoherently and even in conflict. Historically, federal energy law and environmental law have attempted to manage their interrelationships by imposing negative constraints on each other: Energy policies of the Federal Energy Regulatory Commission (FERC) must comply with requirements set forth in environmental statutes, and the Environmental Protection Agency’s (EPA’s) statutes contain energy-related requirements and exemptions. More recently, however, FERC and EPA have begun developing policies that create …
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
Et Cetera
The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
William & Mary Environmental Law and Policy Review
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
William & Mary Environmental Law and Policy Review
No abstract provided.
Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey
Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey
William & Mary Environmental Law and Policy Review
No abstract provided.
Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom
Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg
Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg
William & Mary Environmental Law and Policy Review
No abstract provided.
Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish
William & Mary Environmental Law and Policy Review
No abstract provided.
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Pace Environmental Law Review Online Companion
No abstract provided.
2015 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2015 National Environmental Law Moot Court Competition Problem
2015 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu
Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu
Seton Hall Circuit Review
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan
Journal of Environmental and Sustainability Law
No abstract provided.