Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (123)
- Land Use Law (109)
- International Law (89)
- Energy and Utilities Law (87)
- Water Law (83)
-
- Oil, Gas, and Mineral Law (62)
- Administrative Law (61)
- State and Local Government Law (54)
- Human Rights Law (50)
- Agriculture Law (49)
- Constitutional Law (49)
- Property Law and Real Estate (43)
- Physical Sciences and Mathematics (42)
- Social and Behavioral Sciences (42)
- Environmental Sciences (41)
- Law and Society (41)
- Animal Law (36)
- Public Affairs, Public Policy and Public Administration (27)
- Civil Rights and Discrimination (24)
- Comparative and Foreign Law (24)
- Health Law and Policy (23)
- Indigenous, Indian, and Aboriginal Law (22)
- Legislation (21)
- Transnational Law (21)
- Criminal Procedure (20)
- Food and Drug Law (20)
- International Trade Law (20)
- Law of the Sea (20)
- Institution
-
- Florida State University College of Law (292)
- Selected Works (59)
- Columbia Law School (43)
- William & Mary Law School (36)
- Pace University (29)
-
- University of Montana (29)
- Golden Gate University School of Law (26)
- UC Law SF (26)
- Schulich School of Law, Dalhousie University (22)
- Loyola University Chicago, School of Law (20)
- SJ Quinney College of Law, University of Utah (20)
- Texas A&M University School of Law (17)
- American University Washington College of Law (16)
- Villanova University Charles Widger School of Law (14)
- Georgia State University College of Law (12)
- Fordham Law School (11)
- Vanderbilt University Law School (11)
- Maurer School of Law: Indiana University (9)
- University at Buffalo School of Law (9)
- Florida International University College of Law (8)
- Seattle University School of Law (8)
- University of Arkansas at Little Rock William H. Bowen School of Law (8)
- University of Miami Law School (8)
- University of Michigan Law School (8)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (7)
- University of San Diego (7)
- University of Washington School of Law (7)
- Barry University School of Law (6)
- UIdaho Law (6)
- Brooklyn Law School (5)
- Keyword
-
- Climate change (89)
- Environmental law (49)
- Environment (28)
- EPA (27)
- Law (24)
-
- Publications (21)
- Climate Change (19)
- CERCLA (18)
- Environmental Justice (18)
- Energy (17)
- Regulation (17)
- Paris Agreement (16)
- Superfund (15)
- Fraud (14)
- Golden Gate University School of Law Environmental Law and Justice Clinic (13)
- Greenaction (13)
- Hunters Point Naval Shipyard (13)
- Land use (13)
- Naval radiological defense laboratory (13)
- Navy (13)
- Operation crossroads (13)
- Policy (13)
- Radiological (13)
- Renewable energy (13)
- Tetra Tech (13)
- Endangered Species Act (12)
- ESA (10)
- Electricity (10)
- Environmentalism (10)
- Federalism (10)
- Publication
-
- Florida State University Journal of Land Use and Environmental Law (292)
- Faculty Scholarship (33)
- Public Land & Resources Law Review (27)
- UC Law Environmental Journal (26)
- William & Mary Environmental Law and Policy Review (21)
-
- Public Interest Law Reporter (20)
- Sabin Center for Climate Change Law (17)
- Utah Law Faculty Scholarship (15)
- Articles, Book Chapters, & Popular Press (14)
- Villanova Environmental Law Journal (14)
- Columbia Center on Sustainable Investment Staff Publications (13)
- Elisabeth Haub School of Law Faculty Publications (13)
- Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents (13)
- Fordham Environmental Law Review (11)
- Journal of Comparative Urban Law and Policy (11)
- Michael Vandenbergh (11)
- Sustainable Development Law & Policy (11)
- Texas A&M Law Review (11)
- Articles (10)
- Pace Environmental Law Review (10)
- Virginia Coastal Policy Center (9)
- Ryan B. Stoa (8)
- University of Arkansas at Little Rock Law Review (8)
- David A. Wirth (7)
- Vanderbilt Law School Faculty Publications (7)
- FIU Law Review (6)
- Faculty Publications (6)
- Felix Mormann (6)
- Golden Gate University Environmental Law Journal (6)
- Michigan Journal of Environmental & Administrative Law (6)
- Publication Type
Articles 61 - 90 of 907
Full-Text Articles in Environmental Law
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Lunchtime Keynote Address: The Pamunkey As Partners In Resilience, Robert Gray, Ashley Spivey
Lunchtime Keynote Address: The Pamunkey As Partners In Resilience, Robert Gray, Ashley Spivey
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Building Resilience For Our Green & Gray Infrastructure, Carl Hershner, Lance Gregory, Curtis Smith, Angela King
Building Resilience For Our Green & Gray Infrastructure, Carl Hershner, Lance Gregory, Curtis Smith, Angela King
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Introduction/Welcome/Announcements, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews
Introduction/Welcome/Announcements, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Peacebuilding Through Food Recovery, Angela Hackstadt
Peacebuilding Through Food Recovery, Angela Hackstadt
University Libraries Faculty Scholarship
The United States wastes approximately 133 billion pounds of food annually while 15 million American households are food insecure. Current and proposed U.S. legislation attempts to encourage food recovery efforts to address both of these problems by incentivizing donation of surplus foods by businesses to charitable organizations, yet legislation has failed to deliver. Food insecure individuals who use food banks or other safety net programs are often required to provide personal information and are subject to scrutiny in the process of acquiring food. Information can be leveraged in different ways to stigmatize or marginalize those in need. This presentation discusses …
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Perhaps it is their role in our survival, or our economic growth, or the environment. Whatever the reason, energy and natural resource conflicts seems to be unique in the way they can drive significant doctrinal change even outside of energy and natural resource law. Pennsylvania has been a fountainhead of these conflicts. In 1921, Pennsylvania’s Kohler Act and lesser known Fowler Act, which sought to protect surface owners from anthracite coal mine subsidence and to increase tax revenue from anthracite mining, ignited the legal wrangling that eventually led to Pennsylvania Coal Co. v. Mahon. That U.S. Supreme Court decision transformed …
The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu
The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
Carmen G. Gonzalez
Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann
Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann
Felix Mormann
Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …
Climate Finance And Transparency In The Paris Agreement - Key Current And Emerging Legal Issues, Patricia Galvao-Ferreira
Climate Finance And Transparency In The Paris Agreement - Key Current And Emerging Legal Issues, Patricia Galvao-Ferreira
Law Publications
The success of the Paris Agreement depends in large measure on the legal and operational details of the “enhanced transparency framework” under article 13, including the transparency framework for climate financial support. The transparency framework for financial support will guide how parties are to report the progress toward meeting their commitments to provide financial support for climate action in developing countries and, where support is received, on its use. Developed countries’ pledge to provide financial support to developing countries was a cornerstone of the compromise that enabled the virtually consensual global adoption of the Paris Agreement in 2015. This financial …
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.
Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law
Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license.
Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle
Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Canada is preparing to initiate a challenging, but potentially ground-breaking, strategic assessment on the implications of its climate change mitigation commitments for project assessments. The strategic assessment is immediately needed to provide project-level guidance for decision makers who will be required under new federal legislation to consider the extent to which each assessed project “contributes to sustainability” and “hinders or contributes to” meeting Canada’s climate commitments. However, Canada, like many other countries, has not yet translated its Paris Agreementclimate commitments into an adequate suite of specific policies, pathways, budgets, and other directives for compliance. Consequently, the climate commitments’ strategic assessment …
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Public Land & Resources Law Review
Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Public Land & Resources Law Review
No abstract provided.
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Public Land & Resources Law Review
No abstract provided.
Not So "Clean Diesel"-- How Germany's Protection Of Industry Risks The Health Of Its Citizens, Thomas White
Not So "Clean Diesel"-- How Germany's Protection Of Industry Risks The Health Of Its Citizens, Thomas White
William & Mary Environmental Law and Policy Review
“Clean Diesel.” This was the tagline of a significant advertising campaign that Volkswagen (“VW”) debuted in 2008. These advertisements attempted to counter the notion that diesel engines are dirty and polluted the air. It featured older women in Volkswagens discussing tales of what they knew about diesel engines (a play off the phrase “old wives tales”). At the time of airing, few could have predicted what was to come for VW and their eventual diesel engine scandal, the fallout of which is still ongoing at the time of writing this Note. As this Note will show, the myth of the …
Contemporary Sunday Hunting Laws: Unnecessary Economic Roadblocks, Ripe For Repeal, Seamus Ovitt
Contemporary Sunday Hunting Laws: Unnecessary Economic Roadblocks, Ripe For Repeal, Seamus Ovitt
William & Mary Environmental Law and Policy Review
In America, Sunday closing laws, laws restricting what activities individuals could engage in, date back to the early colonial period; those early laws, like much of North American jurisprudence, trace their roots to the laws that existed in England at the time. Historically, however, laws restricting the behavior of individuals, specifically on Sundays, date back thousands of years; initially, their language was tied directly to that of the Old Testament. As God declared:
[s]ix days shalt thou labour, and do all thy work: But the seventh day [is] the Sabbath of the Lord thy God: [in it] thou shalt not …
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka
Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka
William & Mary Law Review
No abstract provided.
Using Renewable Portfolio Standards To Accelerate Development Of Negative Emissions Technologies, Anthony E. Chavez
Using Renewable Portfolio Standards To Accelerate Development Of Negative Emissions Technologies, Anthony E. Chavez
William & Mary Environmental Law and Policy Review
As society continues to emit greenhouse gases, the likelihood of dangerous climate change occurring increases. Indeed, most analyses project that we must utilize negative emission technologies (“NETs”) to avoid dangerous warming. Even the Paris Agreement anticipates the implementation of such carbon dioxide (“CO2”) removal technologies. Unfortunately, NETs are not ready for large-scale deployment. In many instances, their technologies remain uncertain; in others, their ability to operate at the scale required is unknown. Other uncertainties, including their costs, effectiveness, and environmental impacts have yet to be determined.
A means to accelerate the development and implementation of NETs is a …
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
William & Mary Environmental Law and Policy Review
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
Environmental Governance And The Global South, Jeffrey J. Minneti
Environmental Governance And The Global South, Jeffrey J. Minneti
William & Mary Environmental Law and Policy Review
Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. This Article observes that while private governance of producers’ environmental product claims has grown tremendously in recent years, the vast majority of the governance originates in the global North and thrusts the global North’s economic and environmental agenda into the global South. In light of recent empirical studies of the effectiveness of such governance, the Article …
Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald
Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald
William & Mary Environmental Law and Policy Review
Extraction of oil and gas from unconventional resources, recently enabled by technological innovations, revolutionized national and global markets. However, exploration and production still proceed under legacy regulations, mostly promulgated at the state level. The mismatch of modern production realities and historic regulatory structures creates opportunities for reducing conflicts that diminish economic value. This Article identifies regulations that originated under conventional extraction, and often enhance productivity in that setting, but create waste when applied to unconventional resources. Then, it identifies contractual solutions that have evolved as resource owners and extraction firms have adapted to new technologies. Contractual innovations help inform directions …