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Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk 2015 George Mason Univeristy School of Law

Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk

Richard Faulk

The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle 2015 University of Georgia School of Law

International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle

Georgia Journal of International & Comparative Law

No abstract provided.


From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie 2015 Florida State University

From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Conserving Habitat Before It Is Too Late, Jack G. Connors 2015 The University of Montana School of Law

Conserving Habitat Before It Is Too Late, Jack G. Connors

Public Land and Resources Law Review

No abstract provided.


Returning To A Tribal Self-Governance Partnership At The National Bison Range Complex: Historical, Legal, And Global Perspectives, Brian Upton 2015 The University of Montana School of Law

Returning To A Tribal Self-Governance Partnership At The National Bison Range Complex: Historical, Legal, And Global Perspectives, Brian Upton

Public Land and Resources Law Review

No abstract provided.


A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon 2015 University of Montana School of Law

A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon

Public Land and Resources Law Review

This article explores the facets of hunting amendments. Part I traces the legal history of protections for hunting, from early laws to preserve hunting for the people to modern hunter harassment statutes. Part II analyzes the forms of hunting amendments—some guarantee a right, others only recognize a heritage; some are fundamental rights, others are less strong; some are limited by private property rights, others are absolute. Nonetheless, they have a common source. Part III considers the impacts— possibly unintended consequences—of hunting amendments. Finally, Part IV suggests that while there are unrecognized common values between hunters and animal welfare ...


Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert H. Abrams, Jacquiline Bertelsen 2015 Florida Agricultural and Mechanical University

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert H. Abrams, Jacquiline Bertelsen

Robert H Abrams

The 2012 United States Supreme Court decision in Arkansas Game & Fish Commission v. United States (AG&FC) presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam’s pattern of releases. The Court held that that “government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection” and must instead be tested according to the Court’s usual precedents governing temporary physical invasions and regulatory takings ...


Measuring Brief, Susan Johnson, Mitchell Lowenthal, Rose Monahan 2015 Washington College of Law

Measuring Brief, Susan Johnson, Mitchell Lowenthal, Rose Monahan

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief, Alex Acerra, Grant Campbell, Lauren Christmas 2015 University of Illinois College of Law

Measuring Brief, Alex Acerra, Grant Campbell, Lauren Christmas

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief, Harley Carmer, John Robinson Jr., Douglas Naftz 2015 S.J. Quinney School of Law

Measuring Brief, Harley Carmer, John Robinson Jr., Douglas Naftz

Pace Environmental Law Review Online Companion

No abstract provided.


2014 Bench Memorandum, 2015 Pace University

2014 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.


2014 National Environmental Moot Court Competition Problem, 2015 Pace University

2014 National Environmental Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.


In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu 2015 Florida State University College of Law

In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Shi-Ling Hsu

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture ...


Transfrontier Pollution – Convention For The Protection And Development Of The Marine Environment Of The Wider Caribbean Region – Agreement Involving Collective Response To Marine Pollution Incidents And Long Range Environmental Planning, Gregg Bundschuh 2015 University of Georgia School of Law

Transfrontier Pollution – Convention For The Protection And Development Of The Marine Environment Of The Wider Caribbean Region – Agreement Involving Collective Response To Marine Pollution Incidents And Long Range Environmental Planning, Gregg Bundschuh

Georgia Journal of International & Comparative Law

No abstract provided.


Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini 2015 Touro College Jacob D. Fuchsberg Law Center

Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini

Touro Law Review

No abstract provided.


An Appraisal Of The Laws On Protection Of Environment In Nigeria, murtala murgan ganiyu murtala ganiyu murgan 2015 International Islamic University - Malaysia

An Appraisal Of The Laws On Protection Of Environment In Nigeria, Murtala Murgan Ganiyu Murtala Ganiyu Murgan

murtala murgan ganiyu murtala ganiyu murgan

Industrialization has brought about severe consequences on our environment and our eco system as a whole, inform of pollution of the environment. There have been cases of air pollution emanating from gas flaring, severe water pollution emanating from discharge of petroleum wastes into the rivers, earth pollution and land degradation emanating from oil spillage with terrible consequences on human lives animals, aquatic lives, farm land and crops etc. In realization of dire consequences of industrialization and pollution, efforts have been made at international, regional and national levels to put up law and regulations that are aimed at protecting the environment ...


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