Law Commons^™

Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School

14 slides

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

An Application For A State Designated, Federally Approved No Discharge Area For Boston Harbor, Ma, City Of Boston Environment Department, City Of Quincy Harbormaster, Urban Harbors Institute, University Of Massachusetts Boston, Charles River Watershed Association

Urban Harbors Institute Publications

The municipalities surrounding Boston Harbor are requesting that the Commonwealth of Massachusetts designate the waters of Boston Harbor as a No Discharge Area (NDA) pursuant to the Clean Water Act, Section 312(f)(3). An NDA is a body of water in which the discharge of vessel sewage, whether treated or not, is prohibited. The No Discharge Area would be called the Boston Harbor No Discharge Area.

While the waters of Boston Harbor are under the jurisdiction of a number of different municipalities, water quality issues affect the harbor as a whole. Past efforts to clean up the harbor have occurred across …

Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy

UF Law Faculty Publications

This paper focuses on a public trust resource -- wetlands -- and examines an issue that has been studied primarily with reference to health-based pollution-control statutes. This paper assesses whether information gaps create an obstacle to successful regulation under section 404 of the Clean Water Act (CWA or "the Act") as it applies to discharges of dredged and fill material in wetlands. It focuses on how section 404 and the regulations governing permitting determine information demands, information supply, and the legal consequences of a gap between supply and demand. The goal of this inquiry into the demand/supply/consequences scheme is to …

Effectiveness Of Government Interventions At Inducing Better Environmental Performance: Does Effectiveness Depend On Facility Or Firm Features?, Robert L. Glicksman, Dietrich Earnhart

GW Law Faculty Publications & Other Works

Environmental agencies have several options for dealing with alleged noncompliance with environmental regulations. These options include pursuit of administrative or judicial civil penalties and injunctions to prevent future violations. Scholars have begun exploring whether these options induce better performance by regulated entities. This Article addresses a largely neglected question: whether a regulated facility's characteristics affect the efficacy of the different enforcement options. The Article stems from a study of compliance by the chemical industry with federal Clean Water Act permits. It assesses whether facility characteristics, including effluent limit level and type, permit modifications, facility size, capacity utilization, discharge volatility, and …

In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg

Faculty Scholarship

This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments …