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Full-Text Articles in Law

Covariant Risk And Nutrient Credit Training, Brian Sawers Feb 2018

Covariant Risk And Nutrient Credit Training, Brian Sawers

Maryland Law Review Online

Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.

To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A ...


Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy Jan 2018

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival Jan 2018

Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival

Faculty Scholarship

No abstract provided.


Disclaiming Property, Michael Pappas Jan 2018

Disclaiming Property, Michael Pappas

Faculty Scholarship

Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.

Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural ...


Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison Apr 2017

Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison

Maryland Law Review Online

No abstract provided.


Shreve V. Baltimore: A Municipal Misstep Leads To A City Forever Beautiful, Laura Tallerico Jan 2016

Shreve V. Baltimore: A Municipal Misstep Leads To A City Forever Beautiful, Laura Tallerico

Legal History Publications

This paper explores municipal decision making in condemnation proceedings and whether or not the public use requirement protects individual property owners from poor municipal decision-making. When condemners are allowed to take in fee simple absolute, their decisions have lasting effects on property. The decisions of the Baltimore City government in its creation of a water system illustrate why some may be queasy about this. However, this may actually be desirable because it allows for municipalities, in particular, to both achieve the public purpose necessary at the time of condemnation and to improve in the future rather than go through the ...


How Criminal Law Can Help Save The Environment, Rena I. Steinzor Jan 2016

How Criminal Law Can Help Save The Environment, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein Sep 2015

Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein

Faculty Scholarship

No abstract provided.


Defining Power Property Expectations, Michael Pappas Jan 2015

Defining Power Property Expectations, Michael Pappas

Faculty Scholarship

To date, most government efforts to promote distributed solar energy have involved incentivizing property owners to undertake voluntary installations. However, that approach is changing, as government actors move to increase distributed solar generation capacity not only through incentive programs, but also through requirements. Such a change from voluntary to mandatory measures represents a seismic shift in the approach to encouraging distributed solar generation, and it may raise objections about interference with property expectations.

The Comment addresses those concerns by exploring the nature of property expectations in the energy context and analyzing how courts and legislatures have balanced property expectations against ...


Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas Jan 2015

Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas

Faculty Scholarship

At this point in time, environmental law faces the task of drawing a budget for living within our resource means, and this budget will be tightly stretched. It must provide energy, water, food, and materials to a growing population; it must cope with the depletion of formerly abundant resources; and it must act both to mitigate climate impacts and adapt to the changes already manifesting. To do this, the budgeting must consider resources and uses that have previously been considered insignificant and that have not received attention in terms of ownership, allocation, or governance. Thus, the future of environmental law ...


Environmental Law At Maryland: 2015 Year In Review Jan 2015

Environmental Law At Maryland: 2015 Year In Review

Environmental Law at Maryland

No abstract provided.


Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor Jul 2014

Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.


Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor Jul 2014

Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.


Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann Jul 2014

Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.


When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs May 2014

When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs

Maryland Law Review Online

No abstract provided.


Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle May 2014

Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle

Maryland Law Review Online

No abstract provided.


Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival Apr 2014

Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival

Congressional Testimony

No abstract provided.


Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei Jan 2014

Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei

Faculty Scholarship

No abstract provided.


Energy Versus Property, Michael Pappas Jan 2014

Energy Versus Property, Michael Pappas

Faculty Scholarship

This article is the first to detail the balance legislatures and courts have struck between private property rights and the compelling public interest in energy production. By examining how property rights have consistently yielded to energy development from colonial times to the most recent decisions involving hydraulic fracturing (“fracking”), it identifies a coherent energy/property balance that has shaped property expectations to accommodate energy needs. The article then applies this insight to current disputes pitting aggressive renewable energy policies— such as nuisance immunity or mandatory installations on private property— against fundamental property expectations— the right to exclude and the right ...


The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu Jan 2014

The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu

Faculty Scholarship

No abstract provided.


Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival Jan 2014

Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival

Faculty Scholarship

Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the ...


Anti-Waste, Michael Pappas Jan 2014

Anti-Waste, Michael Pappas

Faculty Scholarship

It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.

Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or ...


Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival Jan 2014

Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival

Faculty Scholarship

No abstract provided.


Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann Nov 2013

Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and ...


Environmental Law At Maryland, No. 35, Fall 2013 Oct 2013

Environmental Law At Maryland, No. 35, Fall 2013

Environmental Law at Maryland

No abstract provided.


Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga Jul 2013

Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga

Student Articles and Papers

The volume of NOX andSO2 emissions each year from unregulated, grandfathered power plants demonstrates that the goal of the CAA's PSD program, to ensure that air quality standards under NAAQS do not in effect become a ceiling, has achieved only limited success. One significant challenge under the PSD program is the difficulty associated with identifying major emitting facilities that have made major modiciations. This repeatedly results in statute-of-limitations problems for enforcement efforts. To resolve this enforcement difficulty, reviewing courts have split into two competing interpretations of the statutory and regulatory requirements of the PSD program. The proper ...


Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas Jan 2013

Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas

Faculty Scholarship

Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the ...


Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones Jan 2013

Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones

Faculty Scholarship

This Article opens with an analysis of why the Chesapeake Bay Program will repeat its past failures unless a reliable mechanism for ensuring accountability is created. It then explains how the independent evaluator should be constructed to make possible the overall success of Bay restoration. Finally, it closes with a rebuttal of the arguments in favor of self--auditing and against independent review.


Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival Jan 2013

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Faculty Scholarship

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public ...


Looking Backward, Looking Forward: The Next 40 Years Of Environmental Law, Robert V. Percival Jan 2013

Looking Backward, Looking Forward: The Next 40 Years Of Environmental Law, Robert V. Percival

Faculty Scholarship

The only certainty concerning predictions for the future of the environment is that most of them are likely to be wrong. This is illustrated by the fate of past predictions, such as those contained in Paul Ehrlich's Populations Bomb, Gregg Easterbrook's A Moment on the Earth, and Bjørn Lomborg's The Skeptical Environmentalist. While it is difficult to guess at the future of the environment, predictions concerning environmental law are even more hazardous because they turn in large part on the future of politics. After reviewing current political gridlock over environmental concerns, this Article considers contemporary forecasts of ...