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Articles 1 - 16 of 16

Full-Text Articles in Litigation

The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller Nov 2010

The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller

Michigan Law Review

Climate change is probably today's greatest global environmental threat, posing dire ecological, economic, and humanitarian consequences. In the absence of a comprehensive regulatory scheme to address the problem, some aggrieved Americans have sought relief from climate-related injuries by suing significant emitters of greenhouse gases under a public nuisance theory. Federal district courts have dismissed four such claims, with each court relying at least in part on the political question doctrine of nonjusticiability. However, one circuit court of appeals has reversed to date, finding that the common law cognizes such claims and that the judiciary is competent and compelled to adjudicate …


Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock Oct 2010

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Buffalo Environmental Law Journal

No abstract provided.


The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications, Lynn K. Neuner, W. Nicholson Price Aug 2010

The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications, Lynn K. Neuner, W. Nicholson Price

Articles

More than 300 lawsuits have already been filed in Louisiana, Florida, Texas, Mississippi, and Alabama against BP and other corporations involved in the Deepwater Horizon oil spill, including Transocean, Halliburton, and Cameron, with thousands more anticipated. This article briefly addresses the contours of the coverage lawsuit already filed against BP and other coverage disputes we may see in the future.


Water Law In The Western United States, Susan Kelly Apr 2010

Water Law In The Western United States, Susan Kelly

Publications

No abstract provided.


Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board Mar 2010

Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board

Publications

No abstract provided.


Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert Mar 2010

Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert

Publications

No abstract provided.


Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan Mar 2010

Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan

Publications

No abstract provided.


Environmental Flow Issues & Science, Tom Annear Mar 2010

Environmental Flow Issues & Science, Tom Annear

Publications

No abstract provided.


Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger Mar 2010

Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger

Publications

No abstract provided.


Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd Mar 2010

Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd

Publications

No abstract provided.


Environmental Flows Allocation Process In Texas, Kevin Mayes Mar 2010

Environmental Flows Allocation Process In Texas, Kevin Mayes

Publications

No abstract provided.


Geomorphic Condition And Shallow Aquifers, Shann Stringer Mar 2010

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.


Riparian Area And Upper Watershed Condition, Mary Steuver Mar 2010

Riparian Area And Upper Watershed Condition, Mary Steuver

Publications

No abstract provided.


The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo Mar 2010

The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo

Publications

No abstract provided.


Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate Jan 2010

Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate

Journal Publications

The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …


Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck Jan 2010

Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.