Law Commons^™

Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas

Georgia Journal of International & Comparative Law

No abstract provided.

The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith

Beverly McQueary Smith

No abstract provided.

Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff

Public Land & Resources Law Review

In this case, the Ninth Circuit deferred to the EPA’s interpretation of a statute concerning whether increment requirements were applicable to a temporary source pollutant. The court held that Shell Offshore, Inc. was not required to analyze the potential impact of an offshore drill barge, the Kulluk, under the Clean Air Act. Additionally, the plaintiffs’ challenge concerning the Kulluk's impact on ambient air was defeated pursuant to Resisting Environmental Destruction on Indigenous Lands, REDOIL v. EPA.

City Of Livingston V. Park Conservation District, Graham Coppes

Public Land & Resources Law Review

On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a lesser degree, the …

The Energy-Water Nexus, Joshua P. Fershee, Gabriel E. Eckstein, Keith B. Hall, Donald T. Hornstein, Shi-Ling Hsu, Rhett Larson, Amanda Leiter, Uma Outka, Justin Pidot, Melissa Powers, Jefferson D. Reynolds, Benjamin K. Sovacool, Alex Gilbert, Andrea Wortzel

University of Richmond Law Review Symposium

Speakers for the 2013 Symposium included Professor Joshua P. Fershee of West Virginia University; Professor Gabriel E. Eckstein of Texas A&M University School of Law; Professor Keith B. Hall, Louisiana State University; Professor Donald T. Hornstein from the University of North Carolina; Professor Shi-Ling Hsu, Florida State University; Professor Rhett Larson, of the University of Oklahoma; Professor Amanda Leiter, American University; Professor Uma Outka, University of Kansas; Professor Justin Pidot, of the University of Denver; Professor Melissa Powers from Lewis & Clark College; Mr. Jefferson D. Reynolds, Virginia Department of Environmental Quality; Dr. Benjamin K. Sovacool & Mr. Alex Gilbert …

The Quest For The Next ‘Solvent Bystander’ In Asbestos Litigation: Will Texas Resume The Search?, Richard O. Faulk

Richard Faulk

Questions abound regarding the Bostic v. Georgia Pacific case. Is Texas preparing to resume the “endless search” for the next “solvent bystander?” Is the Texas Supreme Court considering a departure not only from Flores, but also from decades of settled Texas law regarding causation in tort cases? Hopefully, the memory of the disastrous and wasteful “cold war” of asbestos litigation will persist and rational common-law limits will not be sacrificed to resurrect a demonstrably abusive system.

Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

Oil & Gas Pooling, Gina Warren

Gina Warren

No abstract provided.

Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll

Publications

No abstract provided.

Environmental And Energy Law Perspectives: Fall 2013, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Insuring Island States: The Role Of Insurance For Small Island States In Responding To The Adverse Effects Of Sea Level Rise, Maria Antonia Tigre

Elisabeth Haub School of Law Student Publications

Small island states are likely to suffer the greatest impact of sea level rise. They are also generally low emitters of greenhouse gas emissions (GHGs), meaning they have contributed little to the problem of human-induced climate change. For an array of reasons, including their reduced economic and political power relative to the international power of other states, these smaller islands and states have come together, forming the Alliance of Small Island States (AOSIS). Jointly, they have been battling to gain the attention of the international community in their search for solutions. However, they are still left with many unanswered questions …

Food Insecurity Impacts On The U.S. Poor As The World Warms, Helen Kang

Publications

Studies exploring the vulnerability of human populations to climate change-induced food insecurity have understandably focused on developing nations, where 98 percent of the world’s hungry are. The threat to food security in those regions is indeed a critical issue as climate change affects every aspect of food security: food availability or amount of food production; food access, which refers to the ability of a person or community to acquire an adequate supply of available food; utilization or the ability to attain necessary nutrition from the acquired food; and stability, which refers to the ability to consistently access food in adequate …

Ninth Circuit Upholds Cal. Low Carbon Fuel Standard, Alan Ramo, Tim O’Connor

CUEL - Center for Urban Environmental Law

The Ninth Circuit’s decision September 18, 2013, reversing the Rocky Mountain Farmers Union District Court preliminary injunction, virtually vindicated the California Air Resources Board’s Low Carbon Fuel Standard (“LCFS”). It was also a resounding affirmation by the panel’s majority of California’s overall experiment in addressing climate change on the state level.

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu

Duke Environmental Law & Policy Forum

No abstract provided.

Urban Agriculture & The Modern Farm Bill: Cultivating Prosperity In America’S Rust Belt, Amy E. Mersol-Barg

Duke Environmental Law & Policy Forum

No abstract provided.

The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand

Duke Environmental Law & Policy Forum

By most accounts, the December 2012 Doha Round negotiations achieved little. The continued failure of member governments to reach consensus increases the risk of a catastrophic rise in global emissions. The current impasse is due in no small measure to the expressed concern of the United States that a climate change treaty will end up transferring enormous wealth from the United States to China.

Analyzing the relevant market data, this Article concludes that there is little or no evidence to support the notion that ratification of the Kyoto Protocol will lead to the massive wealth transfers feared by the United …

The Role Of China’S Banking Sector In Providing Green Finance, Yuwen Bai, Michael Faure, Jing Liu

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Law At Maryland, No. 35, Fall 2013

Environmental Law at Maryland

No abstract provided.

“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Eating Invaders: Managing Biological Invasions With Fork And Knife?, Joshua Ulan Galperin, Sara Kuebbing

Elisabeth Haub School of Law Faculty Publications

As the public, academy, government, and private sector all turn increased attention to food systems, new ideas constantly emerge for healthy, sustainable, and just innovations in growing, marketing, and eating food. “Invasivory” — eating invasive species — is one such idea. Biological invasions occur when humans transport an organism from its ecosystem of origin into a new ecosystem and that organism adapts to its new location, spreading widely from the site of introduction. Invasive species can cause significant ecological, economic, and public health damage. Crops, homes, and native species are all at risk. “Invasivores,” as the proponents of invasivory are …

When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski

Virginia Coastal Policy Center

No abstract provided.

Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Duke Environmental Law & Policy Forum

No abstract provided.

The Wal-Mart Effect On Organics: A Defense Of Large-Scale Organic Production, Julia Johnson

Duke Environmental Law & Policy Forum

No abstract provided.

The Latest Red River Rivalry: The Supreme Court's Recent Decision Regarding The Red River Compact, Luke W. Davis, Gabriel Eckstein

Faculty Scholarship

On June 13, 2013, the United States Supreme Court issued a unanimous decision in a “Red River Rivalry” with much greater implications than the annual football game. In Tarrant Regional Water District v. Herrmann, the court sided entirely with Oklahoma in that state’s dispute with Texas over the allocation of Red River water. This decision will have considerable impact on Texas’ ability to meet its ever-growing water needs. Moreover, the decision could be consequential for other interstate water compacts and the states relying on the rivers and tributaries governed by those agreements.

The Decline And (Possible) Renewal Of Aspiration In The Clean Water Act, Robert W. Adler

Washington Law Review

In the approximately four decades since Congress adopted sweeping amendments to the Federal Water Pollution Control Act—creating what is commonly known as the Clean Water Act (CWA)—the United States has made significant progress in reducing many kinds of water pollution. It is clear, however, that the United States has not attained the most ambitious of the statutory goals and objectives, including the overarching objective to “restore and maintain the chemical, physical, and biological integrity of the nation’s waters.”1 Indeed, although discrete water quality improvements continue in some places and for some forms of pollution, on a national scale progress toward …

Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande

Electronic Thesis and Dissertation Repository

This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.

Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor

Rena I. Steinzor

No abstract provided.