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Articles 1 - 30 of 2082

Full-Text Articles in Law

Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers May 2020

Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers

Pace Environmental Law Review

No abstract provided.


All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards May 2020

All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards

Pace Environmental Law Review

No abstract provided.


Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler May 2020

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management ...


Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip May 2020

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply ...


First Amendment “Harms”, Stephanie H. Barclay Apr 2020

First Amendment “Harms”, Stephanie H. Barclay

Indiana Law Journal

What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition ...


Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer Apr 2020

Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on ...


An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder Apr 2020

An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder

Faculty Publications

This chapter seeks to bring into focus three broad research challenges facing transnational environmental law – an unknown past, an unequal present, and an uncertain future. Transnational law theory invites scholars to stand at a distance from current orthodoxies and to contemplate environmental law and its practice from new vantage points. The study of transnational environmental law thus prompts new ways of thinking about where to look for environmental law and its foundational influences. New research agendas emerge organically from such shifts of gaze. By identifying future research agendas, we can illuminate both the diversity of sites of past and present ...


Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick Jan 2020

Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick

Pace Environmental Law Review

No abstract provided.


Translational Ecology And Environmental Law, Robert W. Adler Jan 2020

Translational Ecology And Environmental Law, Robert W. Adler

Utah Law Faculty Scholarship

Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of transactional ecology seek to increase the relevance of their research to important environmental problems by improving how effectively they communicate research results to end users of that science, collaborating with those end users to identify research that is “actionable” rather than purely “curiosity-driven” or theoretical, recognizing that values as well as science have a legitimate role in environmental decisions, and engaging in ongoing ...


Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey Jan 2020

Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey

Georgia State University Law Review

The following Note discusses the effects that some of these rule changes will have on the Endangered Species Act in the face of uncertain climate change and the science behind it. Part I examines the background of the Act, its current rules, climate change’s impact on the environment, and judicial deference to agency interpretations. Part II analyzes how the current rules further the goals of the Act, how the proposed changes to those rules will add to the confusion surrounding the Act’s standards, and the role climate change studies have in both of those implementations. Part III will ...


Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean Dec 2019

Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean

Dalhousie Law Journal

Canada has long been a climate change policy laggard. Canada is among the world’s poorest-performing countries in terms of climate action—not only is Canada’s greenhouse gas emissions-reduction target under the Paris Agreement insufficiently ambitious, Canada is not even remotely on track to meet it. Canada’s enduring inaction on climate change is legitimized and sustained by its mainstream corporate news media, which contribute to the oil and gas industry’s capture of Canadian climate and energy policy. In this article, I examine how Canada’s leading national newspaper, The Globe and Mail, editorially framed the completion of ...


Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning Dec 2019

Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning

Dalhousie Law Journal

Recent climate events such as Hurrican Harvey in Texas foreshadow the dangers that could result from critical energy infrastructure failure in Canada due to physical impacts caused by climate change. This article examines the types of climate impacts that could affect critical energy infrastructure in Canada. The article argues that these impacts translate into three types of corporate risk to the owners and operators of the critical asset: economic risks to the infrastructure asset; management and operational risks to the corporation; and risks arising from corporate disclosure obligations. Applying the theoretical approach of "risk management," the article concludes that, on ...


The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg Sep 2019

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg Sep 2019

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone Sep 2019

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Linda A. Malone

No abstract provided.


Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone Sep 2019

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Linda A. Malone

No abstract provided.


Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone Sep 2019

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Linda A. Malone

No abstract provided.


Farmland Preservation, Linda A. Malone Sep 2019

Farmland Preservation, Linda A. Malone

Linda A. Malone

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Sep 2019

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Sep 2019

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Sep 2019

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Sep 2019

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Sep 2019

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.


Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone Sep 2019

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Linda A. Malone

No abstract provided.


Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence Sep 2019

Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence

Lynda L. Butler

The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of ...


Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle Sep 2019

Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle

West Virginia Law Review

No abstract provided.


Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill Jul 2019

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous ...


Contagious Environmental Lawmaking, Natasha Affolder May 2019

Contagious Environmental Lawmaking, Natasha Affolder

Faculty Publications

It is rare to find an environmental law development or ‘innovation’ announced or celebrated without some discussion of its transferability. Discourses of diffusion are becoming increasingly central to the way that we develop, communicate and frame environmental law ideas. And yet, this significant dimension of environmental law practice seems to have outgrown existing conceptual scaffolding and scholarly vocabularies. The concept, and intentionally unfamiliar terminology, of ‘contagious lawmaking’ creates a space for both fleshing out, and problematizing, the phenomenon of the dynamic and multi-directional transfer of environmental law ideas. This article sets the stage for further study of the global diffusion ...


How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan Apr 2019

How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan

Seattle Journal of Environmental Law

Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how ...


Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman Apr 2019

Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman

Indiana Law Journal

Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to ...