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Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy 2017 Alexander Blewitt III School of Law at the University of Montana

Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy

Public Land and Resources Law Review

Trout Unlimited’s effort to overturn the EPA’s Water Transfers Rule was stifled by the Second Circuit. The court’s comprehensive Chevron analysis determined that while the NPDES Water Transfers Rule may be at odds with the Clean Water Act’s mission, it was based on a reasonable interpretation of the statute’s ambiguous language, and therefore it did not violate the Administrative Procedures Act.


Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh 2017 University of Windsor, Faculty of Law

Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh

Western Journal of Legal Studies

In Ontario, the protection of solar energy is both complicated and limited. In order to take advantage of evolving greener energy sources, and reduce our contribution to global warming, Ontario must better protect solar energy use and solar energy investments. This commentary evaluates the incentives for extending the use of solar technology as part of the Green Energy Act, 2009, SO 2009. The analysis focuses on the relationship between the provincial and municipal governments as it relates to the green energy industry, and the level of public engagement and awareness that is being achieved. Reform to municipal zoning bylaws are ...


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson 2017 University of New Mexico

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert 2017 University of New Mexico

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman 2017 University of New Mexico

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


Integrating Indigenous Rights Into Multilateral Environmental Agreements: The International Whaling Commission And Aboriginal Subsistence Whaling, Chris Wold 2017 Lewis & Clark Law School

Integrating Indigenous Rights Into Multilateral Environmental Agreements: The International Whaling Commission And Aboriginal Subsistence Whaling, Chris Wold

Boston College International and Comparative Law Review

Although the international community has addressed whether environmental harm violates human rights norms, only recently has it asked whether international organizations must implement those norms. That changed when Greenland posited that the International Whaling Commission (IWC) has a duty to implement aboriginal subsistence whaling (ASW) in light of customary international human rights norms, including the rights to cultural identity and resources. This article explains why international organizations have an obligation to implement customary international human rights law. Implementation, however, may be challenging because the content of some rights is not clear. In addition, these rights are not absolute. Actions may ...


What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan 2017 Elisabeth Haub School of Law at Pace University

What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan

Pace Environmental Law Review

This analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their ...


Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main 2017 Elisabeth Haub School of Law at Pace University

Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main

Pace Environmental Law Review

This note argues that a dual jurisdictional approach to demand response programming is better suited to mitigate environmental harms than an “either-or” regulatory model. Through an exploration of FERC’s authority over wholesale demand response, state authority over retail-level demand response, and implications for electricity and capacity markets arising out of the Court’s decision in FERC v. EPSA, this note will offer effective legal mechanisms for mitigating environmental costs, while fostering environmental benefits. The next section of this note analyzes the strengths and weaknesses of state and federal regulatory approaches to demand response in isolation.

Based on this assessment ...


Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey 2017 Pace University

Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey

Pace Environmental Law Review

The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and ...


The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien 2017 Pace University

The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien

Pace Environmental Law Review

This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO. It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will ...


Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis 2017 Tilburg University, Netherlands

Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis

Pace Environmental Law Review

In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of ...


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter 2017 University of New Mexico

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist 2017 University of New Mexico

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


The Effects Of Traffic Related Air Pollution And Proposed Legal Remedies, Alessandro Magi 2017 Wilfrid Laurier University

The Effects Of Traffic Related Air Pollution And Proposed Legal Remedies, Alessandro Magi

Bridges: An Undergraduate Journal of Contemporary Connections

This paper intends to examine the environmental issues that accompany air pollution generated from traffic related incidents, and the implications that this mass-generated pollution has on air quality, as well as the quality of life of humans exposed chronically to airborne carcinogens. Traffic related air pollution is an environmental problem that is heightened by urban design and population demographics such as urban sprawl, spatial distribution, population density, and infrastructure design. Furthermore, this paper will scrutinize Canadian legislation that regulates traffic related air pollutants, and develop an argument for how to apply legislation going forward. As Cartier, Benmarinha, and Brousselle (2015 ...


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton 2017 University of New Mexico

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.


Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai 2017 University of New Mexico

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.


Follow The Leader: Eliminating Perverse Global Fishing Subsides Through Unilateral Domestic Trade Measures, Anastasia Telesetsky 2017 University of Maine School of Law

Follow The Leader: Eliminating Perverse Global Fishing Subsides Through Unilateral Domestic Trade Measures, Anastasia Telesetsky

Maine Law Review

Perverse subsidies including fuel tax rebates lead to overfishing though a combination of overcapacity and excess fishing effort. The current overfishing trend has depleted certain key commercial fisheries with implications for future food security, particularly in regions dependent on fish protein. Over the course of the past four decades, there have been a number of multilateral efforts to eliminate the subsidies including environmental treaties, environmental targets, and trade negotiations. None of these attempts and a global cooperative response have achieved a reduction in perverse subsidies. This Essay proposes the adoption of unilateral trade measures or a set of “Friends of ...


The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova McCabe, Joanne Burke PhD, RD, LD 2017 University of Maine School of Law

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke Phd, Rd, Ld

Maine Law Review

As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only ...


The Renewable Fuel Standard: Food Versus Fuel?, Brent J. Hartman 2017 University of Maine School of Law

The Renewable Fuel Standard: Food Versus Fuel?, Brent J. Hartman

Maine Law Review

Created by the Energy Act of 2005 and substantially amended by the Energy Independence and Security Act of 2007, the Renewable Fuel Standard (RFS) mandates an increasing amount of fuel from renewable sources that must be blended into the transportation fuel supply of the United States. Starting in 2008, RFS began with a mandated volume of nine billion gallons. By 2002, RFS requires blending 36 billion gallons of renewable fuel. Thus, in a little over a decade, RFS requires the amount of renewable fuel to quadruple. Meeting the targets of RFS would make substantial strides in energy security and independence ...


From " Food Miles" To "Moneyball": How We Should Be Thinking Food And Climate, Bret C. Birdsong 2017 University of Maine School of Law

From " Food Miles" To "Moneyball": How We Should Be Thinking Food And Climate, Bret C. Birdsong

Maine Law Review

Since Michael Pollan polarized the push to eat local food in his bestseller, The Omnivore’s Dilemma, the concept of “food miles” has been something of a rallying cry and an organizing principle in the marketing of the local food movement. Among locavores and their sympathizers, the term seems to encapsulate all that is wrong with the food system. Fresh grapes from Chile make their way to supermarkets from Maine to Minnesota, and even California. Major food conglomerates process commodity ingredients like corn, soy, and wheat into packaged food that travels across the country and across oceans before landing on ...


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