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Articles 1 - 30 of 344
Full-Text Articles in Law
Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov
Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov
Review of law sciences
the article considerates questions to improve national legislation in the sphere of agriculture and analyzes legislation about the protection of environment in the sphere of agriculture during the independence years. The offers about tasks of the monitoring in the sphere of environment situation and legal protection of environment in the sphere of agriculture are given.
Legal Regulation Farms To Use Land, A. Teshaboev
Legal Regulation Farms To Use Land, A. Teshaboev
Review of law sciences
legal regime of land use by farms is described in this article, analyze problem situations of currently legislation, scientific and practical proposals are given for solution of these problems and improvement of legislation by author.
Improvement Of The Management System Of Land-Water Use In Agriculture, N. Skripnikov
Improvement Of The Management System Of Land-Water Use In Agriculture, N. Skripnikov
Review of law sciences
In this article, the improvement of the land-water management system in agriculture is considered through the prism of the tasks formulated in the Development Strategy of Uzbekistan for 2017–2021, emphasizing the process of reorganization of the legal status of the state administration bodies of the State Committee for Land Resources of Geodesy, Cartography and State Inventory, the Ministry of Agriculture and Water Resources, with a special role of local authorities, which are the subjects of agricultural production; in the conclusion of current article the role of the Decree of the President of the Republic of Uzbekistan "On Measures for Cardinal …
Mays V. City Of Flint, Michigan, Nathan A. Burke
Mays V. City Of Flint, Michigan, Nathan A. Burke
Public Land & Resources Law Review
In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Brooklyn Journal of International Law
Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
Brooklyn Journal of International Law
As Arctic ice coverage recedes in the face of rising global temperatures, the Arctic Ocean is rapidly becoming a promising frontier over which coastal nations vie. Even as indigenous peoples reckon with ecological catastrophe, the promise of ice-free summers is drawing global shipping giants to invest in sea routes over the northern coasts of Canada and Russia. Hydrocarbon extraction and deep-sea mining interests are clamoring to develop newly accessible regions of the high north, and fishing trawlers are chasing increasingly elusive fisheries further north with the warming Arctic waters. Against this backdrop, tourists on diesel-hungry cruise ships are rushing to …
Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman
Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman
Maine Law Review
States East of the Mississippi River have long relied on the traditional common law of riparian rights to manage their water resources. Towards the end of the Twentieth Century, rising demand for consumptive water use due to population growth, modern agricultural practices and industrialization began to conflict with environmental concerns. Throughout the East, states recognized the riparian doctrine's failure to provide a reliable means for allocating water during times of scarcity. In response, most of these states replaced common law water rights with regulatory water management systems. Maine is the only state that has not followed this trend. It is …
United States V. Osage Wind, Llc, Summer Carmack
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
West Virginia Law Review
No abstract provided.
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
West Virginia Law Review
No abstract provided.
Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado
Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado
Fordham Environmental Law Review
No abstract provided.
Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili
Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili
Fordham Environmental Law Review
No abstract provided.
A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa
Fordham Environmental Law Review
No abstract provided.
Why Michigan V. Epa Requires That The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota
Why Michigan V. Epa Requires That The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota
Fordham Environmental Law Review
This article examines the recent decision in Michigan v. EPA, in which the U.S. Supreme Court held that the EPA acted unreasonably in not considering costs at the listing phase of the regulation of power plants’ emissions under a specific provision of the Clear Air Act (CAA). In Michigan, the Court interpreted the applicable statutory provision based on the principles of rational administrative decision-making, thereby establishing a connection between cost consideration by administrative agencies and the principles of reasonable exercise of administrative discretion. We contend that Michigan failed to properly appreciate the logical and axiological connection between cost …
Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder
Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder
Fordham Environmental Law Review
No abstract provided.
A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha
Fordham Environmental Law Review
With a hostile federal administration, states must take up the fight against climate change. Shortly after the United States withdrew from the Paris Climate Accord, governors from several states announced efforts to meet the targets. This article argues that state level climate actions must consider the economic consequences of climate policy. A shift away from fossil fuels is a fundamentally necessary step in the fight against climate change. However, the economic impact of this shift will be felt most acutely by fossil fuel workers and communities, many of which are already facing economic hardships. Attention and resources must be focused …
Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright
Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright
Fordham Environmental Law Review
No abstract provided.
Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen
Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen
Fordham Environmental Law Review
No abstract provided.
Nationwide Permit 12 And Domestic Oil Pipelines: An Incompatible Relationship?, Alexander S. Arkfeld
Nationwide Permit 12 And Domestic Oil Pipelines: An Incompatible Relationship?, Alexander S. Arkfeld
Washington Law Review
As climate change’s momentum becomes increasingly more difficult to quell, environmentalists are litigating to stop oil pipeline expansion. Litigation over two recently completed oil pipelines—the Flanagan South and the Gulf Coast—illustrates the legal battle environmentalists face. Given the outcome of those cases, it may seem that environmentalists face insurmountable judicial precedent. But they are not out of options quite yet. Although no statute expressly requires the federal government to conduct environmental analysis of proposed domestic oil pipelines, two statutes—the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA)—generally work in tandem to require the U.S. Army Corps of …
Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib
Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib
Michigan Law Review
In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically common groundwater-contamination emergencies.
Environmental Injustice And The Problem Of The Law, Uma Outka
Environmental Injustice And The Problem Of The Law, Uma Outka
Maine Law Review
Over the past fifteen years, legal academia has produced a sizeable body of scholarship on the widely acknowledged problem of environmental injustice. Although there have been positive responses in the policy arena, no similar level of concern is evident in the courts. Most legal claims directly addressing environmental injustice fail, recent developments in civil rights case law are discouraging, and current constructions of environmental laws are proving theoretically inadequate to protect communities already subjected to disproportionate toxic exposure or threatened by new pollution. This Comment explores the state of the law of environmental justice and offers an analysis of why …
Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright
Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright
Maine Law Review
In Smith v. Town of Pittston, the Maine Supreme Judicial Court, sitting as the Law Court, upheld a municipal ordinance adopted by the town of Pittston that prohibited the spreading of septage within Pittston. The majority held that Pittston's ordinance did not violate the Maine Hazardous Waste, Septage and Solid Waste Management Act (Solid Waste Management Act), which “govern[s] the disposal of garbage, sludge, septage and other waste.” The majority interpreted the “home rule” statute as granting sufficient authority to Pittston, as a municipal corporation, to enact the ordinance at issue. The dissent, on the other hand, would have held …
Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb
Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb
William & Mary Environmental Law and Policy Review
The U.S. has recently experienced a domestic energy renaissance, made possible by technological advances, enabling the development of unconventional oil and gas resources. Vital to this development is hydraulic fracturing (“fracking”), whereby fluid is injected underground at high pressure to fracture the rock, thereby enabling the flow of oil and gas. Fracking has recently faced growing opposition with many concerned about its environmental impacts, particularly its potential to adversely affect water resources, because fracking uses vast amounts of fresh water that ends up as contaminated wastewater. Most of this wastewater is disposed of through underground injection, resulting in its permanent …
A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne
A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne
William & Mary Environmental Law and Policy Review
Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews …
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
William & Mary Environmental Law and Policy Review
No abstract provided.
Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano
Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano
William & Mary Environmental Law and Policy Review
No abstract provided.
The Kimberley Process As A Framework For Regulating Conflict Oil And Gas Sourced From The South China Sea, Jamie Huffman
The Kimberley Process As A Framework For Regulating Conflict Oil And Gas Sourced From The South China Sea, Jamie Huffman
William & Mary Environmental Law and Policy Review
No abstract provided.
Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman
Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman
William & Mary Environmental Law and Policy Review
No abstract provided.
Beneficial Disruption: Vermont's Renewable Energy Standard And The Need For Innovative Utility Regulation In The 21st Century, Darren Springer
Beneficial Disruption: Vermont's Renewable Energy Standard And The Need For Innovative Utility Regulation In The 21st Century, Darren Springer
William & Mary Environmental Law and Policy Review
No abstract provided.
Murky Skies Ahead! Analyzing Executive Authority And Future Policies Regarding Corporate Disclosure Of Greenhouse Gases, Chandler Crenshaw
Murky Skies Ahead! Analyzing Executive Authority And Future Policies Regarding Corporate Disclosure Of Greenhouse Gases, Chandler Crenshaw
William & Mary Environmental Law and Policy Review
No abstract provided.