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Selected Works

2015

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Articles 1 - 8 of 8

Full-Text Articles in Natural Resources Law

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown Dec 2015

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.


The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra Nov 2015

The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra

Ugo Mattei

No abstract provided.


Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra Mar 2015

Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra

Mary Jane Angelo

Current laws in Florida afford substantial protection to the “people behind the corporations” (corporate principals) and generally do not allow environmental permitting agencies such as the water management districts to consider such people in their permitting or enforcement efforts. This article poses the question “Do existing corporate law principles of limited liability defeat the important public policy of water resource protection in Florida?” First, in Parts II and III, this article introduces the problem and provides an overview of Florida water management district permitting and enforcement authorities and processes. Next, in Part IV, this article explores the existing legal authorities …


Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John C. Dernbach, James R. May, Kenneth T. Kristl Feb 2015

Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John C. Dernbach, James R. May, Kenneth T. Kristl

John C. Dernbach

In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court held unconstitutional major parts of Pennsylvania’s “Act 13”—a 2012 oil and gas law designed to facilitate the development of natural gas from Marcellus Shale. In so doing, the Court breathed new life into Article I, Section 27 of Pennsylvania’s constitution, which creates public rights in certain environmental amenities and requires the state to “conserve and maintain” public resources “for the benefit of all the people.” This paper describes the decision, explains some of its immediate implications in Pennsylvania, and also explains its importance for public environmental rights and environmental …


The Public Trust: The Law's Dna, Gerald Torres, Nathan Bellinger Feb 2015

The Public Trust: The Law's Dna, Gerald Torres, Nathan Bellinger

Gerald Torres

No abstract provided.


Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus Feb 2015

Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus

Holly Doremus

Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …


Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl Dec 2014

Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl

Kenneth T Kristl

In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court held unconstitutional major parts of Pennsylvania’s “Act 13”—a 2012 oil and gas law designed to facilitate the development of natural gas from Marcellus Shale. In so doing, the Court breathed new life into Article I, Section 27 of Pennsylvania’s constitution, which creates public rights in certain environmental amenities and requires the state to “conserve and maintain” public resources “for the benefit of all the people.” This paper describes the decision, explains some of its immediate implications in Pennsylvania, and also explains its importance for public environmental rights and environmental …


Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun Sep 2013

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

A unique and timely text in a burgeoning field, the Third Edition of Disaster Law and Policy takes a broad perspective that looks at the legal and political effects of disasters across the United States and around the world. Authors Daniel A. Farber, James Ming Chen, Robert R.M. Verchick, and Lisa Grow Sun examine the roles of lawyers and government in disaster prevention, emergency response, victim compensation, insurance, and rebuilding strategies. Materials include government reports, legal decisions, and readings drawn from a variety of disciplines. Memorable case studies and table-top exercises are added to help students evaluate and apply what …