Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (96)
- Natural Resources Law (27)
- Land Use Law (19)
- Energy and Utilities Law (18)
- International Law (13)
-
- Property Law and Real Estate (13)
- Social and Behavioral Sciences (13)
- Administrative Law (12)
- Law and Society (9)
- Oil, Gas, and Mineral Law (9)
- Water Law (9)
- Constitutional Law (8)
- Law and Economics (7)
- Legislation (6)
- Public Law and Legal Theory (5)
- Science and Technology Law (5)
- Architecture (4)
- Banking and Finance Law (4)
- Business Organizations Law (4)
- Economics (4)
- Law and Politics (4)
- Urban Studies and Planning (4)
- Admiralty (3)
- Agency (3)
- Animal Law (3)
- Comparative and Foreign Law (3)
- Health Law and Policy (3)
- Human Rights Law (3)
- International Trade Law (3)
- Institution
-
- Selected Works (58)
- SelectedWorks (47)
- Washington and Lee University School of Law (6)
- Barry University School of Law (3)
- William & Mary Law School (3)
-
- Case Western Reserve University School of Law (1)
- School of Education and Human Development at the University of Colorado Denver (1)
- Seattle University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Cincinnati College of Law (1)
- University of Dayton (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of North Carolina School of Law (1)
- University of South Carolina (1)
- Washington University in St. Louis (1)
- Publication
-
- John C. Dernbach (8)
- Daniel A Farber (7)
- Michael E Lewyn (7)
- Washington and Lee Journal of Energy, Climate, and the Environment (6)
- Michael Blumm (4)
-
- Rena I. Steinzor (4)
- Darren A. Prum (3)
- Myanna Dellinger (3)
- Ripple L. Weistling (3)
- William & Mary Environmental Law and Policy Review (3)
- Ariel Meyerstein, JD, PhD (2)
- Carter Dillard (2)
- David A. Wirth (2)
- David S Caudill (2)
- Environmental and Earth Law Journal (EELJ) (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- John Davidson (2)
- Mark L. Belleville (2)
- Nupur Chowdhury (2)
- Robert Percival (2)
- Ryan M Seidemann (2)
- Ryan P Kelly (2)
- Sanja Bogojević (2)
- Andri Gunawan Wibisana (1)
- Annecoos Wiersema (1)
- Barbara R. Leiterman Esq. (1)
- Blake A Watson Prof. (1)
- Brett M Paben (1)
- Carmen G. Gonzalez (1)
- Publication Type
- File Type
Articles 31 - 60 of 129
Full-Text Articles in Law
Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior
Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior
Environmental and Earth Law Journal (EELJ)
The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.
This article uses the principles of environmental justice to analyze ways …
Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp
Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp
Environmental and Earth Law Journal (EELJ)
The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …
The Growing Importance Of Sustainability To Lawyers And The Aba, John Dernbach, Lee Dehihns, Ira Feldman
The Growing Importance Of Sustainability To Lawyers And The Aba, John Dernbach, Lee Dehihns, Ira Feldman
John C. Dernbach
No abstract provided.
Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic
Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic
Sanja Bogojević
The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the EU can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the EU raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU’s regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, …
How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn
How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn
Michael E Lewyn
Many commentators associate comprehensive land use planning with smart growth- but in fact, municipal plans can be used to further sprawl as well as smart growth.
Law, The Laws Of Nature And Ecosystem Energy Services: A Case Of Wilful Blindness, David R. Hodas
Law, The Laws Of Nature And Ecosystem Energy Services: A Case Of Wilful Blindness, David R. Hodas
David R. Hodas
Ecosystems services include the collection, concentration, and storage of solar energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated forms of energy were produced by ancient ecosystem services. However, our legal and economic systems fail to recognise the value of the ecosystem service subsidies embedded in fossil fuels. This ecosystem services price subsidy causes overuse and waste of fossil fuels in the free market: fossil fuels are consumed more quickly than they can be replaced by ecosystem services and in far larger quantities than they would be if the price of fossil fuels included the cost of …
A Paralyzed Environmental Law: Critical Comments On Compensation For Environmental Damage In Indonesia, Andri Gunawan Wibisana
A Paralyzed Environmental Law: Critical Comments On Compensation For Environmental Damage In Indonesia, Andri Gunawan Wibisana
Andri Gunawan Wibisana
This article criticizes compensation mechanisms for the victims of environmental disaster in Indonesia. In particular, it attempts to answer the questions of how compensation mechanism is addressed in Indonesian environmental law, how the victims of environmental disasters are compensated, and what lessons can be learned from the application of law in practice. This article begins with discussions about the current Indonesian compensation system for damage resulting from pollution, focusing on the provisions in environmental management acts. In order to explain how these provisions have been applied in practice, this article discusses two major environmental disasters in Indonesia, i.e. the Mandalawangi …
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Sari M Graben
The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …
Regulating For The Public Health: Perchlorate Regulation Under The Safe Drinking Water Act Exceeds Statutory Authority, Mary Jones
Mary Jones
This paper recommends rethinking the statutory framework of the Safe Drinking Water Act (SDWA) to provide a more robust rubric, to include a scientific and objective focus, for proper regulation. The SDWA is evaluated through the lens of upcoming perchlorate regulation due in February 2013.
The United States Environmental Protection Agency (EPA) regulates acceptable contaminant levels and decontamination processes for all public water systems, pursuant to statutory authority granted by the SDWA. Where the policy at work is admirable, the execution falls short.
Perchlorate occurs naturally, but also as a by-product to rocket fuel, firework, and other explosive constructions. Scientific …
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
Journal Articles
The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold the exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …
Thinking Ahead: The Impacts Of Sea Level Rise On Coastal Landscape Protections, Chad J. Mcguire, Devon Lynch
Thinking Ahead: The Impacts Of Sea Level Rise On Coastal Landscape Protections, Chad J. Mcguire, Devon Lynch
Chad J McGuire
Something Rich And Strange: Progressive Land Use Regulation And The Takings Doctrine, Philip C. Dales
Something Rich And Strange: Progressive Land Use Regulation And The Takings Doctrine, Philip C. Dales
Philip C. Dales
ABSTRACT:
Something Rich and Strange: Progressive Zoning and the Takings Doctrine.
Philip Carter Dales
May, 2013
University of Maryland Francis King Carey School of Law
The list of municipalities adopting form-based codes continues to grow, with one study putting the number at over 250, including Miami, Denver, Cincinnati and other major cities around the United States. These codes represent land use regulation that is fundamentally different from traditional Euclidean zoning. Rather than prescribing allowable uses, FBCs focus on the governance of form, with the goal of ensuring predictable outcomes for the built environment and simplifying complex use-based zoning ordinances.
In …
“Living On A Prayer”: Environmental Jurisprudence, Nupur Chowdhury
“Living On A Prayer”: Environmental Jurisprudence, Nupur Chowdhury
Nupur Chowdhury
Rule of law is a receptacle for a number of interconnected notions that essentially protect the idea of individual liberty and through fetters on the authority of the state. Separation of powers allows for divisibility of the state and precludes concentration of power. This enmeshment of the rule of law with that of the principles that defines western liberal democracies has meant that east Asian and other post-colonial legal interpretations of the rule of law have appeared to be compromised and seemingly shallow. On the other hand, scholars point out that rule of law is compatible with a diversity of …
An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano
An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano
Touro Law Review
There are often environmental concerns with any new construction project. One often unforeseen aspect of this is the liability that occurs after a building is destroyed. Property owners have generally faced strict liability for the release of hazardous waste under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. This Comment examines why the act of war defense has consistently failed and determines if the law places too high of a burden on property owners who assert this defense.
Aviation Emissions : Equity Issues, Nupur Chowdhury
Aviation Emissions : Equity Issues, Nupur Chowdhury
Nupur Chowdhury
Aviation and Climate Change - Challenges on a global and equitable solution.
Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith
Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith
William & Mary Environmental Law and Policy Review
No abstract provided.
Climate Change Adaptation And Coastal Property Rights: A Massachusetts Case Study, Lara D. Guercio
Climate Change Adaptation And Coastal Property Rights: A Massachusetts Case Study, Lara D. Guercio
Lara D. Guercio
This Article examines how existing state laws, including coastal property law and public trust doctrines, are likely to create challenges for the implementation of adaptation strategies proposed to address the effects of climate change—specifically, accelerated sea level rise, increased coastal flooding and storm-related erosion—on coastlines and connected natural resource areas, such as beaches, coastal wetlands, and tidelands. The Article uses Massachusetts, with its highly evolved body of coastal property law and public trust doctrine, as a case study. Mindful of U.S. Supreme Court takings doctrine, the Article analyzes the likely legal challenges to climate change adaptation strategies recently proposed for …
Immigration Reform's Unintended Consequence: Providing Greater Justification For Border Patrol To Waive Environmental Compliance At The U.S.-Mexico Border, Deena Mueller
William & Mary Environmental Law and Policy Review
No abstract provided.
The Sustainable Relationship: What The United States And The United Kingdom Can Teach Each Other About Climate Change And Sustainable Development At The National Level, John Dernbach, Andrea Ross
The Sustainable Relationship: What The United States And The United Kingdom Can Teach Each Other About Climate Change And Sustainable Development At The National Level, John Dernbach, Andrea Ross
John C. Dernbach
No abstract provided.
Environmental Law Research, Ripple Weistling
Environmental Law Research, Ripple Weistling
Ripple L. Weistling
This research guides provides an overview of resources and search strategies for researching U.S., state, and foreign Environmental Law: subject headings, major U.S. laws, federal agencies, and court and agency decisions. It also identifies loose-leaf sources for staying current on legal, legislative, regulatory, and policy developments in environmental law; sources for tracking proposed legislation and regulation; and sources for researching legislative histories. Additionally, this guide lists selected secondary sources - journals, specialized databases, and websites.
Environmental Legal Research, Ripple Weistling
Environmental Legal Research, Ripple Weistling
Ripple L. Weistling
No abstract provided.
Environmental Law Research Guide, Ripple Weistling
Environmental Law Research Guide, Ripple Weistling
Ripple L. Weistling
No abstract provided.
Lands Council, Karuk Tribe, And The Great Environmental Divide In The Ninth Circuit, Michael Blumm, Maggie Hall
Lands Council, Karuk Tribe, And The Great Environmental Divide In The Ninth Circuit, Michael Blumm, Maggie Hall
Michael Blumm
The Ninth Circuit Court of Appeals, the nation’s largest appellate court, with jurisdiction over fifteen judicial districts and 61 million people—almost 20 percent of the nation’s population—spans from Alaska to Arizona, from Montana to Hawaii. The Ninth Circuit has a reputation for being an environmentally sensitive court, but the court is as diverse as the terrain over which it has jurisdiction. Due to its size, the court’s en banc reviews do not include all twenty-nine judges but instead only panels of eleven. Thus, en banc panels can reflect the kind of diversity of opinion they aim to reduce.
Recently, the …
Population And The Environment, Robert M. Hardaway
Population And The Environment, Robert M. Hardaway
Robert Hardaway
No abstract provided.
Relieving The Congestion: The Eastern Interconnection Planning Collaborative, Michelle C. Bailey
Relieving The Congestion: The Eastern Interconnection Planning Collaborative, Michelle C. Bailey
Michelle C Bailey
Abstract for: RELIEVING THE CONGESTION: THE EASTERN INTERCONNECTION PLANNING COLLABORATIVE By: Michelle Bailey April, 2013 Congestion within the electric transmission grid, coupled with an absence of transmission, present the most significant barriers to integration of renewable energy sources and advancement of the electric grid towards a more reliable, responsive and efficient energy future. Responding to the critical need for new transmission, however, is a complex, protracted, and difficult process. The key barriers to transmission development are transmission siting and permitting, and cost allocation of transmission projects. Both of these hurdles are exacerbated by the fact that transmission project siting and …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Environmental Harms, Use Conflicts, And Neutral Baselines In Environmental Law, Todd Aagaard
Environmental Harms, Use Conflicts, And Neutral Baselines In Environmental Law, Todd Aagaard
Todd S Aagaard
Accounts of environmental law that rely on concepts of environmental harm and environmental protection oversimplify the tremendous variety of uses of environmental resources and the often complex relationships among those uses. Such approaches are analytically unclear and, more importantly, insert hidden normativity into putatively descriptive claims. Instead of thinking about environmental law in terms of preventing environmental harm, environmental problems can be understood more specifically and more meaningfully as disputes over conflicting uses of environmental resources. This Article proposes a use-conflict framework as a means of acquiring a deeper understanding of environmental problems and lawmaking without favoring any particular normative …
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Annecoos Wiersema
Forestry activities account for over 17% of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Convention on Climate Change have been negotiating a mechanism known as REDD – Reducing Emissions from Deforestation and Degradation – to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. Many believe this mechanism will not only mitigate climate change but will also provide biodiversity and forests with the hard international law regime that has so far been missing. These commentators assume REDD will develop into this kind of hard international law regime. They …
Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones
Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones
Rena I. Steinzor
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.
The False Hope Of Comprehensive Planning, Michael Lewyn
The False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Some commentators on sprawl and smart growth speak of municipal comprehensive plans and sprawl as polar opposites: but in fact, a comprehensive plan can be used to further auto-oriented sprawl just as easily as it can be used to encourage more pedestrian-friendly development. This speech uses parts of Jacksonville, Florida's plan as examples of pro-sprawl planning.