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- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (6)
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Articles 1 - 30 of 98
Full-Text Articles in Law
Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland
Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland
Life of the Law School (1993- )
No abstract provided.
No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg
No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg
Mitchell Hamline Law Review
No abstract provided.
The Market For Drug-Free Poultry: Why Robust Regulation Of Animal Raising Claims Is The Right Prescription To Combat Antibiotic Resistance, Dorinda L. Peacock
The Market For Drug-Free Poultry: Why Robust Regulation Of Animal Raising Claims Is The Right Prescription To Combat Antibiotic Resistance, Dorinda L. Peacock
Journal of Food Law & Policy
Since their introduction in the mid-twentieth century, antibiotics have become a mainstay of poultry production for purposes ranging from growth promotion to disease treatment and control. Nevertheless, for almost as long, there have been concerns about the role that these agricultural uses play in the development of antibiotic resistant bacteria. The issue of antibiotic resistance in general is fast becoming a public health crisis and scrutiny of agriculture as a contributing cause continues. Nevertheless, to date, neither regulatory efforts to curb agricultural usage nor private sector actions in response to consumer demand and public-interest campaigns have led to significant changes …
"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham
"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham
Journal of Food Law & Policy
Corporate farms, often known as concentrated animial feeding operations ("CAFO'), provide inexpensive animal products but do so by externalizing the cost of their operation in the form of environmental harms and risks to human health. This article explores one possible approach to mitigating CAFO-caused harms. It argues that CAFO regulation under any one of three Clean Air Act ("CAA ") programs will result in net benefits, not just for air quality, but also for other CAFO-caused harms and thus, that CAA regulation of CAFOs is a no-lose strategy. The article then goes further to conclude that, while regulation under any …
Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Student Articles and Papers
No abstract provided.
Efficient Ethical Principles For Making Fatal Choices, W. Kip Viscusi
Efficient Ethical Principles For Making Fatal Choices, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, which has led to a regulatory oversight process to ascertain whether the expected benefits of major regulations outweigh the costs. The economic approach to monetizing health and safety risks is well established and is based on the value of a statistical life (“VSL”). Government agencies use these values reflecting attitudes toward small changes in risk to monetize the largest benefit component of regulations--that dealing with mortality risks. This procedure consequently bases …
Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien
Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien
West Virginia Law Review
No abstract provided.
Evaluation Of United States Federal Oil Spill Policies: Deepwater Horizon Vs. Bouchard B120, Quinn Relihan
Evaluation Of United States Federal Oil Spill Policies: Deepwater Horizon Vs. Bouchard B120, Quinn Relihan
Honors Theses
ABSTRACT
RELIHAN, QUINN An Evaluation of United States Federal Oil Spill Regulations:
Deepwater Horizon vs. Bouchard B120. Department of Environmental Science, Policy and Engineering, June 2020.
Advisor: ILENE KAPLAN
The purpose of this study is to compare and contrast the background, impacts and treatment of two major oil spills and investigate the appropriateness of existing environmental policies and any need for new and/or different policies. The study traces the growth of relevant policy development and looks at historic and contemporary policy changes and applies this to the in-depth examination of the Bouchard B120 and the Deepwater Horizon spills.
Policy recommendations …
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Law & Economics Working Papers
In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Texas A&M Law Review
The administrative state has emerged as a pervasive machine that has become the dominate generator of legal rules—despite the fact that the U.S. Constitution commits the legislative power to Congress alone. When examining legislation authorizing administrative agencies to promulgate rules, we are often left asking whether Congress “dele- gates” away its lawmaking authority by giving agencies too much power and discretion to decide what rules should be promulgated and to determine how rich to make their content. If the agencies get broad authority, it is not too hard to understand why they would fulsomely embrace the grant to its fullest. …
Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas
Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas
University of Miami Law Review
Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs’ …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Donald J. Kochan
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick
Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard
Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard
University of Arkansas at Little Rock Law Review
No abstract provided.
The Many Sins Of Nepa, Richard A. Epstein
Regulatory Fracture Plugging: Managing Risks To Water From Shale Development, Caroline Cecot
Regulatory Fracture Plugging: Managing Risks To Water From Shale Development, Caroline Cecot
Texas A&M Law Review
Debates about the desirability of widespread shale development have highlighted outstanding uncertainty about its health, safety, and environmental impacts—most prominently, its water-contamination risks—and the ability of current institutions to deal with these impacts. States, the primary regulators of oil and gas extraction, face pressure from the energy industry, local communities, and, in some cases, the federal government to strike the right balance between energy production and the health and safety of individuals and the environment—an elusive balance given the ongoing risk uncertainty. This dynamic is not especially unique to fracking, or even oil and gas extraction; instead, this dynamic, characterized …
The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien
The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien
Pace Environmental Law Review
This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO. It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will assess …
Incentive Regulation, New Business Models, And The Transformation Of The Electric Power Industry, Inara Scott
Incentive Regulation, New Business Models, And The Transformation Of The Electric Power Industry, Inara Scott
Michigan Journal of Environmental & Administrative Law
The electric utility sector is in the midst of paradigmatic change. Market forces include decreased load growth, technological advances in distributed energy resources, pressures for decarbonization, and demands for increased efficiency and new utility services. Meanwhile, as the utility monopoly is undermined and profits slow, financial analysts signal increasing risk to potential utility investors. Suggestions for transforming the existing regulatory structure abound. At the broadest level, such proposals reflect an established divide between energy policy, which traditionally focuses on economics and markets, and environmental law, which is based in the protection of natural resources and ecosystems. To marry the two …
Economic Solutions To Nuclear Energy's Financial Challenges, Zachary Robock
Economic Solutions To Nuclear Energy's Financial Challenges, Zachary Robock
Michigan Journal of Environmental & Administrative Law
This Note presents a legal, economic, and regulatory roadmap to drive long-term innovation in sustainable energy generation. Next-generation nuclear power, which fundamentally mitigates many safety and nuclear waste issues, is the focus of this Note; however, the economic concepts can be applied to encourage solar, wind, advanced battery, and other sustainable technologies with high upfront costs and low long-term variable costs. Advanced nuclear energy generation is economically competitive on a long-term levelized cost basis, but suffers from a timing issue—a large amount of capital is needed upfront, with repayment over several decades, during which time significant capital costs can accrue …
The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert
The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert
Touro Law Review
No abstract provided.
Underground Environmental Regulations: Regulations Imposed As Mitigation Measures Under Ceqa Violate The California Administrative Procedure Act, Jonathan Wood
Jonathan Wood
What happens when an agency adopts a regulation under the California Environmental Quality Act as mitigation for a program’s environmental impact, without complying with the procedural requirements of the California Administrative Procedure Act? According to a recent California Court of Appeal decision – Center for Biological Diversity v. Department of Fish and Wildlife – these mitigation measures, which this article refers to as underground environmental regulations, are invalid. This article defends that interpretation and addresses its consequences for agencies and the regulated public. Although these additional procedural protections benefit regulated parties in a variety of ways, they can also burden …
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara
Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara
University of Baltimore Journal of Land and Development
The demand for nonrenewable energy resources has increased in nations around the world despite the reality that these remaining resources are both scarce, and increasingly difficult to acquire. In 2010 Earth's reserves held the equivalent of approximately 406 billion tons of natural gas and oi1. However, at yearly consumption rates, this amount would only serve the planet's energy needs for about fifty years. The rapid elimination of conventional sources for oil and gas has led to the utilization of alternative methods to access sources that were previously not worth drilling. In the United States, for example, there are several types …
Environmental Law In Austerity, J.B. Ruhl, James Salzman, Jonathan Nash
Environmental Law In Austerity, J.B. Ruhl, James Salzman, Jonathan Nash
Vanderbilt Law School Faculty Publications
Given the political dynamic in play at the national level, with the country evenly split between Republicans and Democrats, and incumbent Tea Party and other politicians highly critical of the EPA, there is no reason to think this trend in decreasing environmental budgets will change any time soon. In some states the trend is even more pronounced. Fiscal austerity has become the new norm. The interesting questions are whether this matters for environmental law, how it matters, and what it means going forward.
Slides: Regulating Oil And Gas Emissions In The Denver Julesberg Basin, Garry Kaufman
Slides: Regulating Oil And Gas Emissions In The Denver Julesberg Basin, Garry Kaufman
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Garry Kaufman, Deputy Director, Colorado Air Pollution Control Division
25 slides
Slides: Produced Water – Beneficial Reuse, Cabell Hodge
Slides: Produced Water – Beneficial Reuse, Cabell Hodge
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Cabell Hodge, Policy, Regulation, and Emerging Markets Manager, Colorado Energy Office
12 slides
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Laura Belanger, P.E., Water Resources Engineer, Western Resource Advocates
14 slides