Law Commons^™

Michigan V. Epa And The Erosion Of Chevron Deference, Connor P. Schratz

Maine Law Review

The deference that courts grant agency statutory interpretation has long been a source of tension between the three branches of government. Within that tension lies vital issues concerning political accountability, technical expertise, and the methods courts use to deal with a massive modern administrative state that was unimaginable at the time that the Constitution was dr afted. When it was decided in 1984, Chevron U.S.A. v. Natural Resources Defense Council sought to alleviate that tension, leaving broad interpretative authority to executive agencies, so long as their interpretations did not conflict with c ongressional intent and were reasonable. Just over three …

Brown V. Delta Tau Delta: In A Premises Liability Claim, How Far Should The Law Court Go To Assign A Duty Of Care?, Toby Franklin

Maine Law Review

In 2015, Maine’s premises liability law made an evolutionary leap. In Maine, the elements of a premises liability claim are the same as a negligence claim: duty of care, breach of that duty, causation, and harm to the plaintiff. Since the late nineteenth century, the duty element had remained consistent and predictable: a property owner, possessor, or proprietor owes a duty of reasonable care to individuals who are lawfully on the premises. As a result, premises liability defendants had always shared the common trait of owning, possessing, or managing the premises in question. In Brown v. Delta Tau Delta , …

Editorial Board Vol. 68 No. 2 (2016), Benjamin T. Mccall Editor-In-Chief

Maine Law Review

No abstract provided.

American Eel: A Symposium. Session Six, Dr. William Bradnee Chambers, Dr. David Freestone, Charles H. Norchi, Jeffrey A. Thaler, Dr. David Vanderzwaag

Ocean and Coastal Law Journal

Session Six concludes with a Keynote Address that provides a global perspective on the conservation of migratory species, delivered by the Executive Secretary of the CMS, followed by a robust discussion of projections and pathways.

Epa "Oversight"? How The Environmental Protection Agency Has Failed To Protect Pacific Salmon From Dangerous Toxins, Nicholas W. Allen

Ocean and Coastal Law Journal

The plight of the Pacific Salmon has been fervidly researched over the latter half of the twentieth century by scientists and environmentalists searching for an explanation behind the declining populations of these once vibrant species. While this sustained research has yet to reveal one specific causative factor, advancing technologies and intensive studies have supported the emergence of a new consensus, one that accepts the proposition that an aggregation of man made factors has inflicted the most damage upon Pacific Salmon and their habitats. While some biological and environmental factors have no doubt helped perpetuate the decline of Pacific Salmon populations, …

Editorial Board Vol. 4 No. 2 (1999), Phillip L. Curcio Senior Editor

Ocean and Coastal Law Journal

No abstract provided.

Editorial Board Vol. 4 No. 1 (1999), Philip L. Curcio Senior Editor

Ocean and Coastal Law Journal

No abstract provided.

A Review Of Developments In Ocean And Coastal Law 1998-1999, Jeffrey T. Scrimo, Paul F. Foley, Michelle L. Baldwin, Elizabeth C. Davis, Brett D. Witham

Ocean and Coastal Law Journal

No abstract provided.

A Review Of Developments In Ocean And Coastal Law 2000-2001, Michelle Baldwin, Rosemary D. Fowles, Sara E. Edmonds, Jeffrey S. Dolley, Gregory J. Domareki

Ocean and Coastal Law Journal

No abstract provided.

A Review Of Recent Developmenets In Ocean And Coastal Law 2001-2002, Karla Black, Denis Culley, Jeffrey Dolley, Gregory Domareki, Sara Edmonds, Kevin Fitzgerald, Rody Fowles, Michael Fuller, John Hatch, Katherin Joyce, Sean Kerwin, Jacqueline Lewy, Daniel Marra, Sarah Mccready, John M. Ney, Jr., Chad Olcott, Mary Saunders, Vanessa Tondini, David Walker, Danielle West-Chuhta

Ocean and Coastal Law Journal

No abstract provided.

Editorial Board Vol. 20 No. 1 (2015), Conor Shankman Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

A Review Of Developments In Ocean And Coastal Law 2003, Nicholas W. Allen, Angela Crossman, Christopher Dargie, Scott Edmunds, Emily Green, Stephanie Jazlowiecki, Katrina Leifield, Susan Quigley, Hanna Sanders

Ocean and Coastal Law Journal

No abstract provided.

The Hague Line In The Gulf Of Maine: Impetus Or Impediment To Ecosystemic Regime Building?, John A. Duff

Ocean and Coastal Law Journal

In 1984, a Chamber of the International Court of Justice (ICJ), at the behest of the United States and Canada, delineated a maritime boundary between the two nations partitioning the Gulf of Maine. In doing so, the Court did what Solomon would have counseled against, slicing a living system in two. Twenty-five years after the decision, with a wealth of new information about the status, trends, and challenges of the Gulf of Maine ecosystem, a simple question arises: does the Hague Line facilitate or frustrate ecosystemic regime building? This paper examines how, if at all, the ICJ’s boundary line has …

A Review Of Sea Change: The Exclusive Economic Zone And Governance Institutions For Living Marine Resources, Betsy Baker

Ocean and Coastal Law Journal

No abstract provided.

Oyster Mortality Due To Freshwater Diversions In The Deepwater Horizon Response Effort: Are Takings Claims Viable?, Catherine M. Janasie

Ocean and Coastal Law Journal

Many private parties sustained damage after the Deepwater Horizon incident on April 20, 2010 (the Spill). Since the Spill, many of these parties have attempted to recover their losses, and the news recently has been filled with stories detailing the settlement of some of these claims.1 After the Spill, British Petroleum (BP) set up the Gulf Coast Claims Facility, which paid over $6 billion before it was replaced with a courtsupervised claims process in June 2012. The U.S. District Court in Louisiana recently approved a settlement in the Spill’s multi-district litigation. While there is a $2.3 billion cap on the …

Lighting Northern New England With Water: A Comparative Analysis Of Wave And Tidal Hydrokinetic Energy Regulation, John Moran

Ocean and Coastal Law Journal

“Today, no area holds more promise than our investments in American energy. In order to limit our dependence on foreign oil, reduce greenhouse gas emissions, and curtail rising consumer energy costs, the United States has adjusted its energy trajectory to support more actively the “development and integration of new clean and domestic renewable energy resources into the electric grid.” Although some contend the recent emergence of unconventional oil extraction methods, especially shale gas fracking,³ may hedge political support for renewable energy sources, hydrokinetic power provides a highly affordable and renewable, carbon-free energy source-our nation’s largest supply of*324 clean …

Maine’S Working Waterfront: Preserving Coastal Access For The Future Of Commercial Fishing And Other Water-Dependent Businesses, Melissa Donahue

Ocean and Coastal Law Journal

The working waterfront is an integral part of Maine’s coastal communities, raising millions of dollars in state revenues and generating roughly $740 million of income by way of over 26,000 fishing-related jobs in the state each year. Working waterfront property is shoreline property that supports commercial fishing and other water-dependent businesses. Although commercial fishing is often a predominant concern, other water-dependent uses include boat building, boat yards, and marinas. Despite the substantial contributions made by commercial *298 fisheries and other water-dependent businesses to the state economy, recent studies show that of the 3,500 miles of Maine shoreline property, only twenty …

The Seas Are Changing: It’S Time To Use Ocean-Based Renewable Energy, The Public Trust Doctrine, And A Green Thumb To Protect Seas From Our Changing Climate, Jeffrey Thaler, Patrick Lyons

Ocean and Coastal Law Journal

Climate change is having significant impacts on ocean and coastal ecosystems and wildlife, with rising seas inundating wetlands and coastal estuaries, warming waters altering marine species habitat and breeding behavior, and ocean acidification weakening corals, mollusks, and marine species, leaving them vulnerable to disease and predation. Though the threat of climate change has been acknowledged by President Obama and in federal statutory language,⁵ to date the U.S. government*242 has yet to provide a comprehensive plan to address the detrimental impacts of warming lands and seas. In response to governmental inaction, this Article seeks to demonstrate how the public …

Navigating The Takings Maze: The Use Of Transfers Of Development Rights In Defending Regulations Against Takings Challenges, Jennifer Scro

Ocean and Coastal Law Journal

Land use regulation, at whatever scale, typically generates passionate opposition from landowners whose private property has lost value, and their negative reactions often take the form of regulatory takings challenges based on the Fifth and Fourteenth Amendments. In anticipatory response, many communities have instituted Transfer of Development Rights (“TDR”) programs to assist in defending their land use regulations against such takings challenges.TDRs allow regulated landowners to sell blocks of their development rights, unusable on the regulated sites under the terms of the challenged regulations, to purchasers who can use them to expand allowable development rights on designated off-site receiving parcels. …

High Seas And High Risks: Proliferation In A Post-9/11 World, David G. Hodges

Ocean and Coastal Law Journal

One of the biggest threats that the world faces is the proliferation of weapons of mass destruction (“WMD”) and their use by rogue states and terrorist groups. As the September 11, 2001 terrorist attacks proved, within the span of a few hours, thousands of people can be killed and the direction of the world can be radically changed through the use of unconventional weapons and tactics. As terrible as the attacks were, however, the carnage and consequences of that day would have seemed like a mere pittance if certain kinds of WMD were used instead.

Ever since chemical weapons were …

Ultra Vires Land Use Regulations: A Special Case In Substantive Due Process, Daniel A. Himebaugh

Ocean and Coastal Law Journal

The U.S. Supreme Court’s land use jurisprudence establishes that arbitrary land use regulations violate the doctrine of substantive due process. Ultra vires land use regulations-those regulations that exceed the delegated authority of the regulating agency under state law-represent a particular type of arbitrary land use regulation. Lower federal courts that have examined such regulations are split on the question whether they violate substantive due process. This article contrasts two federal court of appeals cases in which property owners alleged that a local government agency deprived them of property without due process of law by enforcing an ultra vires land use …

When Tuna Still Isn’T Always Tuna: Federal Food Safety Regulatory Regime Continues To Inadequately Address Seafood Fraud, Stephen Wagner

Ocean and Coastal Law Journal

In 2012 alone, Americans consumed approximately 4.5 billion pounds of seafood, over 90% of which was imported. Simply put, Americans eat a lot of seafood, with upwards of 500 different species available to satiate the demand. Consequently, imported and domestic seafood in the United States is a thriving 80.2 billion dollar market, with certain highly desired species of fish fetching steep prices.

One fundamental assumption of the consumer-driven market is that the label on the seafood correctly identifies the species of seafood, thereby, among other things, justifying the market price. It is increasingly clear, however, that this assumption is often …

The Glass Eeling: Maine’S Glass Eel And Elver Regulations And Their Effects On Maine’S Native American Tribes, Joseph O. Gribbin

Ocean and Coastal Law Journal

Until recently, elvers and glass eels were not commercially popular aquatic creatures. However, a tsunami and European ban depleted Asian supplies, which rapidly increased the demand for American elvers and glass eels. The increased demand for elvers has driven their price from hundreds of dollars to thousands of dollars per pound. This increased profit margin has caused many additional individuals to begin fishing for elvers in states in which elvers are numerous and widespread, including Maine. The initial increase in elver fishing began in 2012. By 2013, the impact of the increased fishing began to produce adverse effects on the …

Coastal State Obligations In The Context Of Refugees At Sea Under The European Convention On Human Rights, Stefan Kirchner, Katarzyna Geler-Noch, Vanessa Frese

Ocean and Coastal Law Journal

As early as 2004, the International Maritime Organization (IMO) created “Guidelines on the Treatment of Persons Rescued at Sea,” which followed IMO Assembly resolution A. 920(22) on the review of safety measures and procedures for the treatment of persons rescued at sea. These Guidelines are supplemented by an appendix entitled “Some comments on relevant international law” (“Comments”). It comes as no surprise that the IMO’s work in this area refers to other maritime documents such as the Law of the Sea Convention (UNCLOS), the International Convention for the Safety of Life at Sea (SOLAS), and the International Convention on Maritime …

The First Great Common, George K. Walker

Ocean and Coastal Law Journal

There are two, and perhaps three great common areas – outer space, the deep seabed, the Area; and (at least philosophically) cyberspace – available to humankind today. The first great commonwas, and remains in large part, the high seas. Part I traces the early history of the law of the sea, the customary law of the high seas, and the freedom of the seas principle from the Renaissance to the mid-twentieth century. Part II analyzes the freedoms of the high seas as negotiated in the 1958 and 1982 law of the sea conventions, with reference to similar concepts in space …