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- Administrative law (2)
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- Hardrock mining (2)
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- EU Directive on Corporate Sustainability Due Diligence; Sustainability; Due Diligence; Comparative Law; Shareholder Primacy; Stakeholder Theory; Conflict Minerals Rule; Fiduciary Duties (1)
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Articles 1 - 4 of 4
Full-Text Articles in Law
The Levers Of Sustainability: The Eu Directive On Corporate Sustainability Due Diligence In Comparison To Us Law, Jeff Schwartz
The Levers Of Sustainability: The Eu Directive On Corporate Sustainability Due Diligence In Comparison To Us Law, Jeff Schwartz
Utah Law Faculty Scholarship
In February 2022, the European Commission proposed a far-reaching and comprehensive directive on corporate sustainability due diligence (the “Directive”). This Article describes the Directive, compares it to sustainability efforts in the US, and offers observations and critiques about both the Directive and US law. The comparison reveals several primary takeaways. First, likely owing to their significantly different social and political cultures, the EU Directive goes far beyond any US sustainability efforts. Second, and relatedly, the Directive is part of a rapidly progressing EU sustainability framework, which embraces sustainability as a stand-alone goal. In the US, however, considerations of sustainability are …
Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune
Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune
Utah Law Faculty Scholarship
The Biden Administration’s efforts to expedite a transition to clean energy have prompted calls for permit reform. Clean energy relies heavily upon critical minerals and transitioning to a clean energy economy demands a global increase in mineral production. Some commentators suggest that environmental standards must be loosened in order to achieve efficiency. This premise offers short term gain in exchange for long-term pain. It also poses a false dilemma by failing to distinguish between productive and unproductive causes of delay in the permitting process. The permit process creates opportunities to eliminate, reduce, or mitigate risks. These opportunities may cause short-term …
Comments Submitted In Response To Request For Information To Inform Interagency Working Group On Mining Regulations, Laws, And Permitting, Robert B. Keiter, Jamie Pleune, Heather Tanana, Brigham Daniels, Tim Duane, Elisabeth Parker
Comments Submitted In Response To Request For Information To Inform Interagency Working Group On Mining Regulations, Laws, And Permitting, Robert B. Keiter, Jamie Pleune, Heather Tanana, Brigham Daniels, Tim Duane, Elisabeth Parker
Utah Law Faculty Scholarship
On March 31, 2022, the Department of Interior announced the formation of an interagency working group to develop recommendations for improving Federal hardrock mining regulations, laws, and permitting processes, and invited public comment to help inform the efforts of the working group. The Request for Information sought, among other things, recommendations on “opportunities to reduce time, cost, and risk of permitting without compromising strong environmental and consultation benchmarks.” Members of the Wallace Stegner Center of Land Resources and the Environment, at the S.J. Quinney College of Law, University of Utah submitted comments based on their shared expertise in mining law, …
Debunking The Myths Behind The Nepa Review Process, John C. Ruple, Heather Tanana
Debunking The Myths Behind The Nepa Review Process, John C. Ruple, Heather Tanana
Utah Law Faculty Scholarship
The National Environmental Policy Act (NEPA) requires major federal actions that significantly affect the quality of the human environment to undergo an environmental review prior to federal authorization or funding. The decision to license or permit a project on federal lands is generally considered a major federal action subject to NEPA review. NEPA’s critics allege that the review process delays federal decision making, unduly impedes development, and results in excessive litigation. These claims, however, are not supported by empirical evidence. Using quantitative analyses we challenge four pervasive myths about NEPA compliance and litigation, and we argue that efforts to “streamline” …