Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Environment (2)
- Federalism (2)
- Pollution (2)
- Wetlands (2)
- Administrative law (1)
-
- Air quality (1)
- Animal agriculture (1)
- Apple (1)
- CAFO (1)
- Chesapeake Bay (1)
- Chesapeake Bay Program (1)
- China (1)
- Clean Air Act (1)
- Coastal Resource (1)
- Coastal Restoration (1)
- Coastal resources (1)
- Commerce Clause (1)
- Commerce power (1)
- Concentrated animal feeding operation (1)
- Concentrated animal feeding operations (1)
- Constitutional Law (1)
- Constitutional law (1)
- Deregulation (1)
- Dormant Commerce Clause (1)
- EPA (1)
- Eastern Water Law (1)
- Eminent domain (1)
- Emissions (1)
- Energy federalism (1)
- Energy regulation (1)
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Faculty Scholarship
After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …
Environmental Law At Maryland, No. 35, Fall 2013
Environmental Law At Maryland, No. 35, Fall 2013
Environmental Law at Maryland
No abstract provided.
Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga
Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga
Student Articles and Papers
The volume of NOX andSO2 emissions each year from unregulated, grandfathered power plants demonstrates that the goal of the CAA's PSD program, to ensure that air quality standards under NAAQS do not in effect become a ceiling, has achieved only limited success. One significant challenge under the PSD program is the difficulty associated with identifying major emitting facilities that have made major modiciations. This repeatedly results in statute-of-limitations problems for enforcement efforts. To resolve this enforcement difficulty, reviewing courts have split into two competing interpretations of the statutory and regulatory requirements of the PSD program. The proper interpretation …
Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones
Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones
Faculty Scholarship
This Article opens with an analysis of why the Chesapeake Bay Program will repeat its past failures unless a reliable mechanism for ensuring accountability is created. It then explains how the independent evaluator should be constructed to make possible the overall success of Bay restoration. Finally, it closes with a rebuttal of the arguments in favor of self--auditing and against independent review.
The New World Order Of Global Environmental Law
The New World Order Of Global Environmental Law
Maryland Carey Law
The lines dividing domestic and international law - and public and private law - are starting to blur. The result? New power for NGOs and new norms of corporate behavior in remote corners of the globe.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Looking Backward, Looking Forward: The Next 40 Years Of Environmental Law, Robert V. Percival
Looking Backward, Looking Forward: The Next 40 Years Of Environmental Law, Robert V. Percival
Faculty Scholarship
The only certainty concerning predictions for the future of the environment is that most of them are likely to be wrong. This is illustrated by the fate of past predictions, such as those contained in Paul Ehrlich's Populations Bomb, Gregg Easterbrook's A Moment on the Earth, and Bjørn Lomborg's The Skeptical Environmentalist. While it is difficult to guess at the future of the environment, predictions concerning environmental law are even more hazardous because they turn in large part on the future of politics. After reviewing current political gridlock over environmental concerns, this Article considers contemporary forecasts of the fate of …
Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover
Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover
Student Articles and Papers
Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Maryland Law Review
No abstract provided.
Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase
Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase
Maryland Law Review
No abstract provided.
Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor
Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor
Maryland Law Review
No abstract provided.
Keynote Address, Brooksley Born
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann
Maryland Law Review
No abstract provided.
When Strong Enforcement Works Better Than Weak Regulation: The Epa/Doj New Source Review Enforcement Initiative, Thomas O. Mcgarity
When Strong Enforcement Works Better Than Weak Regulation: The Epa/Doj New Source Review Enforcement Initiative, Thomas O. Mcgarity
Maryland Law Review
No abstract provided.
Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt
Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt
Maryland Law Review
No abstract provided.
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Faculty Scholarship
Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …