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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
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
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
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
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
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
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
Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan
Publications
No abstract provided.
Environmental Flow Issues & Science, Tom Annear
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
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
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
Environmental Flows Allocation Process In Texas, Kevin Mayes
Publications
No abstract provided.
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Publications
No abstract provided.
Riparian Area And Upper Watershed Condition, Mary Steuver
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
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
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
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.