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Articles 1 - 15 of 15
Full-Text Articles in Environmental Law
Measuring Brief (Granger), Christopher M. Becker, Robert A. Marcum, Bennett T. Richardson
Measuring Brief (Granger), Christopher M. Becker, Robert A. Marcum, Bennett T. Richardson
Pace Environmental Law Review Online Companion
David Sive Award for Best Brief Overall.
2016 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2016 National Environmental Law Moot Court Competition Problem
2016 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
The Lautenberg Act: Chemical Safety Overhaul Of The Toxic Substances Control Act, Alyssa S. Rosen
The Lautenberg Act: Chemical Safety Overhaul Of The Toxic Substances Control Act, Alyssa S. Rosen
Elisabeth Haub School of Law Faculty Publications
On June 22, 2016, President Obama signed the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), a landmark bipartisan compromise legislation designed to overhaul the Toxic Substances Control Act (TSCA). The Lautenberg Act makes it easier for the U.S. Environmental Protection Agency (EPA) to regulate toxic substances while providing the chemical industry with regulatory clarity and certainty. Law Librarians, practicing lawyers, and academics have taken note of this groundbreaking law that most likely will set the template for the next generation of environmental reform by tackling issues such as preemption of state law, protection of vulnerable populations, …
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts
A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts
Journal of the National Association of Administrative Law Judiciary
This article begins with a description of the alarming matter of abandoned mines, mainly due to the issue of acid mine drainage. Then, it provides a detailed account of the Gold King disaster, including the current state of affairs surrounding the question of EPA liability. Next, it provides a simplified overview of some of the federal statutory hurdles that make it difficult to tackle remediation of abandoned hardrock mines. In wake of Gold King, another round of legislation has been proposed that might help, and these proposed bills center on familiar themes of reforming the General Mining Law of 1872 …
The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck
The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck
West Virginia Law Review
No abstract provided.
Reviving The Environmental Justice Agenda, Rachael E. Salcido
Reviving The Environmental Justice Agenda, Rachael E. Salcido
Chicago-Kent Law Review
During his 2008 campaign, President Obama pledged that his administration would put an emphasis on environmental justice, outlining a strategy to address the unequal burden of pollution in low-income, minority and indigenous communities. Though many criticize some of the shortcomings, such as inadequate pursuit of civil rights remedies, the administration has followed through to supply some of the most critical components of solutions to the environmental justice challenge: leadership, capacity, collaboration-in-fact, and funding. This article will examine the reinvigorated Inter-Agency Working Group on Environmental Justice, the roadmaps prepared to address EJ, and significant rules and guidance enacted by the EPA …
A Discussion With Epa's General Counsel Avi Garbow: Environmental Justice, Agency Priorities, And Employment, Avi S. Garbow, General Counsel
A Discussion With Epa's General Counsel Avi Garbow: Environmental Justice, Agency Priorities, And Employment, Avi S. Garbow, General Counsel
Environmental and Animal Law
The Center For International Law & Justice and Environmental Law Society present a discussion with Avi S. Garbow who, during his tenure as EPA General Counsel, has worked closely on the Clean Power Plan, Clean Water Rule and other initiatives.
Public Laws And Private Lawmakers, Kimberly L. Wehle
Public Laws And Private Lawmakers, Kimberly L. Wehle
All Faculty Scholarship
The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …
A Tale Of Two Continents: Environmental Management-Based Regulation In The European Union And The United States, Rachel E. Deming
A Tale Of Two Continents: Environmental Management-Based Regulation In The European Union And The United States, Rachel E. Deming
Faculty Scholarship
No abstract provided.
Emerging Issues: Transcanada V. Obama Administration – 15 Billion For Cancellation Of Keystone Xl Pipeline Project, Aviana Cooper
Emerging Issues: Transcanada V. Obama Administration – 15 Billion For Cancellation Of Keystone Xl Pipeline Project, Aviana Cooper
University of Baltimore Journal of International Law
TransCanada Keystone Pipeline, LP and TC Oil Pipeline Operations Inc., subsidiaries of TransCanada Corporation (“TransCanada”), lost their seven-year bid with the United States (U.S.) Government for a permit to complete the $5.4 billion oil pipeline connecting Canada and the U.S. On November 6, 2015, President Obama announced that Secretary of State, John Kerry, through powers under Executive Order 13337, had denied the application for a border crossing permit, prohibiting construction of the Keystone XL Pipeline Project. Following this denial, on January 6, 2016, TransCanada filed a complaint to the District Court of Texas against members of the Obama Administration, requesting …
Next Generation Compliance, David L. Markell, Robert L. Glicksman
Next Generation Compliance, David L. Markell, Robert L. Glicksman
Scholarly Publications
No abstract provided.
Plain Meaning, Precedent, And Metaphysics: Lessons In Statutory Interpretation From Analyzing The Elements Of The Clean Water Act Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Lessons In Statutory Interpretation From Analyzing The Elements Of The Clean Water Act Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the fifth in a series of five, completes the author’s detailed analysis of how federal courts have interpreted each element of the Clean Water Act (CWA) offense. Compiling statistics across the four prior articles, it draws conclusions about statutory interpretation in general, finding that the depth of legal analysis increases with the level of court; that environmentally positive results decrease with the level of court; that courts use only a small number of canons and other interpretive devices; that their uses of interpretive devices change over time; and that interpretive devices are not all outcome-neutral. The author also …