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Articles 1 - 11 of 11
Full-Text Articles in Law
How Environmental Litigation Has Turned Pipelines Into Pipe Dreams, Madison Hinkle, Jesse J. Richardson
How Environmental Litigation Has Turned Pipelines Into Pipe Dreams, Madison Hinkle, Jesse J. Richardson
Law Faculty Scholarship
Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have often reviewed skeptically. This Article explores the regulatory framework for pipeline construction and analyzes recent lawsuits, describing the legal requirements that agencies must follow to change policies and discussing policies of the Obama and Trump Administrations in context of the legal challenges. It concludes by analyzing the approaches …
Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson
Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Climate Change Disobedience, Charles R. Disalvo
Climate Change Disobedience, Charles R. Disalvo
Law Faculty Scholarship
Among those who recognize climate change as an existential threat, some are willing to take dramatic action against it by committing civil disobedience. Activists, such as those taking part in the Extinction Rebellion in the United Kingdom, are willing to exchange their liberty for some putative good. There is no discussion in the disobedience literature of the discrete purposes of climate disobedience or the principles by which climate activists ought to be guided in seeking to fulfill those purposes. This Article takes on that task. After offering an overview of the purposes of civil disobedience, this Article isolates those purposes …
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
No abstract provided.
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Law Faculty Scholarship
No abstract provided.
Land Tenure And Sustainable Agriculture, Jesse Richardson
Land Tenure And Sustainable Agriculture, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger
Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger
Law Faculty Scholarship
No abstract provided.
Conservation Easements And Adaptive Management, Jesse Richardson
Conservation Easements And Adaptive Management, Jesse Richardson
Law Faculty Scholarship
The perpetual nature of conservation easements makes adaptive management difficult on easement property. Various easement provisions may be used to incorporate adaptive management principles into a conservation easement, but various factors, including state statutory requirements and Internal Revenue Code requirements for deductibility, limit the flexibility of management on conservation easement lands. Jesse Richardson discusses how conservation easements limit implementation of adaptive management principles on protected lands. Case studies of conservation easements that now fail to fulfill the original conservation purpose, but are locked into perpetual conservation, illustrate the limitations of conservation easements. Richardson also discusses likely future conflicts between conservation …
From Pick And Shovel To Mountaintop Removal: Environmental Injustice In The Appalachian Coalfields, Patrick C. Mcginley
From Pick And Shovel To Mountaintop Removal: Environmental Injustice In The Appalachian Coalfields, Patrick C. Mcginley
Law Faculty Scholarship
In this Essay, Professor McGinley examines a century of conflicts between the coal mining industry and the people of the "billion dollar coalfield" communities of southern West Virginia whose labors provided fuel for the industrial revolution, two world wars, and the energy demands of the nation.
The Essay identifies a troubling paradox Highly efficient new mining technologies, including so-called "mountaintop removal" strip mining, have resulted in the loss of tens of thousands of well paying jobs while coal production has reached record levels and many coalfield communities remain mired in economic stagnation and poverty.
The Essay identifies provisions of the …
Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber
Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber
Faculty & Staff Scholarship
No abstract provided.
Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley
Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.