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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 of harm …


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

Preview—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 behalf of the Appellee.


Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy Apr 2020

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Belmont Law Review

No abstract provided.


Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie Apr 2020

Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie

Belmont Law Review

No abstract provided.


Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank Apr 2020

Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank

Belmont Law Review

No abstract provided.


Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling Apr 2020

Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling

Belmont Law Review

No abstract provided.


"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart Apr 2020

"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart

Belmont Law Review

No abstract provided.


Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor Apr 2020

Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor

Belmont Law Review

No abstract provided.


Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime Apr 2020

Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime

Belmont Law Review

No abstract provided.


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.


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 propose a …