Law Commons^™

How Algorithm-Assisted Decision Making Is Influencing Environmental Law And Climate Adaptation, Sonya Ziaja

All Faculty Scholarship

Algorithm-based decision tools in environmental law appear policy neutral
but embody bias and hidden values that affect equity and democracy. In effect,
algorithm-based tools are new fora for law and policymaking, distinct from
legislatures and courts. In turn, these tools influence the development and
implementation of environmental law and regulation. As a practical matter,
there is a pressing need to understand how these automated decision-making
tools interact with and influence law and policy. This Article begins this timely
and critical discussion.

After introducing the challenge of adapting water and energy systems to
climate change, this Article synthesizes prior multidisciplinary work …

Lessons On Race And Place-Based Participation From Environmental Justice And Geography, Sonya Ziaja

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As scholars grapple with racism in Administrative Law, it is important to consider place-based scholarship from the perspectives of Environmental Justice and Geography. Both provide important insights into how administrative agencies can be instruments of strategic-structural racism and how administrative law can facilitate equity in regulation.

Public Laws And Private Lawmakers, Kimberly L. Wehle

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The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …

The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel

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International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Governmental Liability Under Cercla, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Takings Of Wildlife Under The Endangered Species Act After Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Lawrence R. Liebesman, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Alteration Of Wildlife Habitat As A Prohibited Taking Under The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

A History Of Appalachian Coal Mines, Kenneth Lasson

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This portion of the study discusses the social and economic antecedents of today's Appalachian coal industry. The time covered includes from pre-history up to the date of the study (1972).

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

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No abstract provided.

The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson

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This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

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No abstract provided.

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

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This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.