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Articles 1 - 6 of 6
Full-Text Articles in Law
Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman
Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman
Washington Law Review
This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …
Water Banks In Washington State: A Tool For Climate Resilience, Jennifer J. Seely
Water Banks In Washington State: A Tool For Climate Resilience, Jennifer J. Seely
Washington Law Review
Water banks—a tool for exchanging senior water rights and offsetting new ones—can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These advantages should lead the Washington State Legislature to incentivize water banks, but in the 2018 “Hirst fix” it embraced habitat restoration as a false equivalent for water. The Legislature is rightfully concerned about the speculation that some private water banks allow. But overall, water banks enable new and …
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer
Washington Law Review
Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracking). Property rights will need to continue adapting if they are going to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort of …
The Outward Limit Of The Department Of Interior's Authority Over Submerged Lands—The Effect Of Customary International Law On The Outer Continental Shelf Lands Act, Donna Darm
Washington Law Review
After briefly establishing the relevant background of the controversy, this Comment suggests that neither the President's proclamation nor the new customary law of the EEZ operates to change domestic law and concludes that DOI's claim exceeds its authority under domestic law.
Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon
Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon
Washington Law Review
In line with the policy of the Supreme Commander for the Allied Powers to democratize the mining industry of Japan, a study of existing mining law was undertaken in 1946 by a National Mining Law Revision Committee appointed by the Minister of Commerce and Industry (now Minister of International Trade and Industry). After four years of investigation, drafting, and redrafting of a revised Mining Bill, with technical assistance from a visiting mineral law expert from the United States and from lawyers and agricultural and forest economists employed in the Japanese government and in the Headquarters of SCAP, as well as …
The Status Of Mining Locations In Washington, Edward F. Medley
The Status Of Mining Locations In Washington, Edward F. Medley
Washington Law Review
The growing importance of the mining industry in the State of Washington calls for a consideration of the decisions of the Supreme Court of the State as to the status of mining locations in the State. Are mining locations on unpatented land, the fee of which remains in the Federal government, real or personal property? The questions involved in considering the problem are many and various. Would property descend as real estate or be distributed as personal property in the case of the death of the owner ? Does our statute requiring brokers' agreements for the sale of real estate …