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Articles 1 - 30 of 1583
Full-Text Articles in Energy and Utilities Law
The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur
Villanova Environmental Law Journal
No abstract provided.
Remarks At The Eugene Kuntz Award Reception, Eric King
Remarks At The Eugene Kuntz Award Reception, Eric King
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec
Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller
Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman
It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks
East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Kelsey Lauerman
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Protecting The Environment In Times Of Armed Conflict: The 2023 Elisabeth Haub Award For Environmental Law And Diplomacy Transcript, Nicholas Robinson
Protecting The Environment In Times Of Armed Conflict: The 2023 Elisabeth Haub Award For Environmental Law And Diplomacy Transcript, Nicholas Robinson
Pace Environmental Law Review
2023 Elisabeth Haub Award for Environmental Law and Diplomacy honoring Ambassador Marja Lehto of Finland and Former Ambassador Marie Jacobsson of Sweden for their pivotal roles advancing environmental law and policy to protect the environment in times of armed conflict.
When It Rains, It Pours: Weather Modification Law In The United States And A Proposal For Federal Control, Brendan Woodruff
When It Rains, It Pours: Weather Modification Law In The United States And A Proposal For Federal Control, Brendan Woodruff
Pace Environmental Law Review
Though weather modification has been used as a strategy to address issues such as drought throughout history, there continues to be a lack of federal regulation addressing weather modification. This Note surveys state regulations on weather modification and examines the current status of how the federal government addresses weather modification. Ultimately, this Note makes the case for why the Department of the Interior should take on the federal regulation of weather modification.
Protecting Public Land From Trespass: Why The Six-Year Statute Of Limitations In 28 U.S.C. § 2415(B) Is Appropriate For All Trespass Cases On Federal Land, Zach Fader
Pace Environmental Law Review
The United States has the authority to bring claims for trespass on federal land under the statutes of the state in which the trespass occurs. Many states have statutes that codify and often alter the elements of common law trespass while also providing for double or treble damages. Thus, in cases of trespass on federal lands, the government is incentivized to bring claims under state trespass statutes. Doing so adds an alternate theory of liability and maximizes the opportunity to recover adequate damages. 28 U.S.C. § 2415(b), in part, sets a six-year statute of limitations for when the United States …
Fighting Climate Gentrification In The Courts, Samantha Blend
Fighting Climate Gentrification In The Courts, Samantha Blend
Pace Environmental Law Review
Climate gentrification, a specific type of gentrification that occurs when the impacts of climate change displace lower-income communities, will likely increase in severity as climate change worsens. While policies such as inclusionary zoning may be the most efficient way to combat climate gentrification, litigation can fill gaps that may arise in such policies. This Note examines potential causes of action for climate gentrification litigation and their likelihood of success. Based on an examination of the different causes of action and their likelihood of success, this Note concludes that climate gentrification litigation can help legitimize the issue of climate gentrification and …
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Public Land & Resources Law Review
The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Brooklyn Journal of International Law
Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …
The Secret Lives Of Environmental Rights, Sonya Ziaja
The Secret Lives Of Environmental Rights, Sonya Ziaja
Pace Environmental Law Review
Do constitutional environmental rights change hearts and minds? How could they? This Essay describes three possible hypotheses of the relationships among constitutional environmental rights, meaning, and behavior: The Separate Domains Approach, The Constitutive Approach, and The Mutually Constitutive Approach. The theories underlying these hypotheses, and explored in this Essay, may provide some insight into constitutional environmental rights and how they may evolve throughout generations.
State Constitutions In The Woods, Quinn Yeargain
State Constitutions In The Woods, Quinn Yeargain
Pace Environmental Law Review
Before the adoption of environmental rights provisions beginning in the 1970s, most state constitutions did not contain provisions that protected the natural environment from degradation. Instead, to the contrary, many constitutions—especially in western states—contained policies that have long entrenched carbon-intensive infrastructures and have favored extractive industries. But starting in the early 1900s, a handful of states began amending their constitutions to incorporate environmental policy provisions. These additions helped preserve forested lands by giving state governments the power to respond to uncontrolled forest fires and adopt policies to prevent deforestation. Other amendments established fish and game commissions as constitutional entities, safeguarding …
Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson
Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson
Pace Environmental Law Review
While New York most recently added an environmental rights amendment to its constitution, Pennsylvania and Montana have had these amendments in their constitutions since the seventies. Hawaii, Rhode Island, Illinois, and Massachusetts have enacted weaker iterations of rights to a clean environment. Other states, like Maine, have faced challenges that blocked an amendment’s passage. This Article provides an initial analysis of the state environmental rights amendments currently in place, examining their origins, language, placement in the constitutions, and the major judicial decisions impacting their interpretation. It concludes by comparing the existing environmental rights amendments to the proposed amendment that failed …
Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana
Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana
Pace Environmental Law Review
The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous …
Green Amendments, Land Use, And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments, Land Use, And Transportation: What Could Go Wrong?, Michael Lewyn
Pace Environmental Law Review
As more states amend their constitutions to include a green amendment, the vague nature of these amendments leaves a concerning amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
The Value Of Constitutional Environmental Rights And Public Trusts, John C. Dernbach
The Value Of Constitutional Environmental Rights And Public Trusts, John C. Dernbach
Pace Environmental Law Review
As part of the modern environmental movement of the 1970s, five states (Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania) adopted constitutional amendments recognizing a right to a quality environment, a public trust for public natural resources, or both. Half a century later, there is a renewed interest in constitutional environmental rights, inspired in no small part by the failure of existing laws to adequately address the climate crisis. A sixth state (New York) recognized a constitutional right to a quality environment in 2021, and more than a dozen states are considering such amendments. Still, the great majority of environmental protection at …
130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox
130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox
Pace Environmental Law Review
In the 135 years of New York’s Forever Wild Amendment’s existence, it has been challenged by a range of court cases and thereby interpreted by courts throughout New York. The results of these cases frequently have upheld the heart of Forever Wild: to protect New York’s Forest Preserve land. This Article provides a history of the Forever Wild Amendment, an analysis of the courts’ and New York Attorney General’s interpretations of the Amendment, and a discussion of how this information can guide the future of New York’s Green Amendment.
Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies
Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies
Pace Environmental Law Review
Since New York became the latest state to pass an environmental rights amendment, there has been a great deal of analysis regarding how the judi- ciary will interpret the Green Amendment; however, state and local officials need not wait for the courts to enforce the Green Amendment. This Article explores the authority state and local officials have to carry out the purpose of the Green Amendment. Additionally, it discusses what the passage of the Green Amendment means in practice and how, and why, state officials such as the Attorney General should implement the Green Amendment.
Introduction, Marisa Barber
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.