Law Commons^™

The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl

Kenneth T Kristl

Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl

Kenneth T Kristl

In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court held unconstitutional major parts of Pennsylvania’s “Act 13”—a 2012 oil and gas law designed to facilitate the development of natural gas from Marcellus Shale. In so doing, the Court breathed new life into Article I, Section 27 of Pennsylvania’s constitution, which creates public rights in certain environmental amenities and requires the state to “conserve and maintain” public resources “for the benefit of all the people.” This paper describes the decision, explains some of its immediate implications in Pennsylvania, and also explains its importance for public environmental rights and environmental …

Assessing The Legal Toolbox For Sea Level Rise Adaptation In Delaware: Options And Challenges For Regulators, Policymakers, Property Owners, And The Public, Kenneth Kristl

Kenneth T Kristl

Sea level rise is a real and growing issue in the State of Delaware. Over the next 90 years, a significant percentage—between 8 and 11 percent—of Delaware is at risk of being inundated. The threat of inundation has the potential to trigger reactions from some property owners that will seek to protect their interests. Thousands of these resulting individual, ad hoc decisions and non-decisions will make it difficult to carry out a unified strategy to adapt to the massive economic and geographic impacts sea level rise will likely cause in the State. It therefore behooves regulators, policy makers, property owners, …

Rising Sea Levels: A Tidal Wave Of Legal Issues, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Learning Law While Walking The Dog: The Pedagogical Potential Of Podcasting, Kenneth Kristl

Kenneth T Kristl

The typical law school classroom for a doctrinal course utilizes a learning structure that limits opportunities for students to learn directly from the professor. Time constraints inherent in the need for coverage and the desire to keep the class engaged encourages movement through the material. Cognitivist learning theory views learning as involving the movement of information from sensory memory (perception) into short-term, working memory for analysis and organization, and then into long-term memory for storage. This process of information movement suggests that the typical law school classroom creates impediments to student learning. Distracted students who fail to capture the concept …

Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

Kenneth T Kristl

No abstract provided.

Renewable Energy And Preemption: Lessons From Siting Lng Terminals, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Keeping The Coast Clear: Lessons About Protecting The Natural Environment By Controlling Industrial Development Under Delaware’S Coastal Zone Act, Kenneth T. Kristl

Kenneth T Kristl

Passed in 1971, Delaware’s Coastal Zone Act was a pioneering law that declared as public policy the prohibition of heavy industry and the regulation of manufacturing within Delaware’s coastal zone because of the environmental threats posed by such development. This article is the first comprehensive scholarly analysis of how the Act has been interpreted and applied to protect Delaware’s coastal environment. It provides an extensive analysis and annotation of how the Act’s terms have been used and the principles of statutory interpretation that inform the Act’s continued application. The article argues that the Act’s prohibitions on heavy industry and bulk …

Making A Good Idea Even Better: Rethinking The Limits On Supplemental Environmental Projects, Kenneth Kristl

Kenneth T Kristl

Supplemental Environmental Projects (SEPs) allow a defendant in an enforcement action under federal environmental laws to reduce its civil penalty by agreeing to undertake an environmentally beneficial project it would not otherwise be required to do. Properly structured, SEPs benefit the enforcement plaintiff, the defendant, and the environment, and federal policy encourages the use of SEPs. A first of its kind examination of SEP utilization rates in federal enforcement actions finds that—despite active encouragement within and by EPA—SEPs are only used in about 13% of federal enforcement cases. After examining the development of federal policy concerning SEPs, likely explanations for …

A Boundary Dispute’S Effect On Siting An Lng Terminal, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.

Clinic Provides Environmental Defense, Legal Training, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.

Coordination Of A Large Environmental Permitting Effort, Kenneth T. Kristl, Jennifer T. Nijman

Kenneth T Kristl

No abstract provided.

Limits On Legislative Court Judicial Power: The Need For Balancing Competing Interests, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.