Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons

Open Access. Powered by Scholars. Published by Universities.®

11491 Full-Text Articles 7105 Authors 2814474 Downloads 141 Institutions

All Articles in Environmental Law

Faceted Search

11491 full-text articles. Page 1 of 213.

Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Ten Good Practices In Environmental Constitutionalism That Can Contribute To Sustainable Shale Gas Development, James R. May, Erin Daly 2016 Widener Law

Ten Good Practices In Environmental Constitutionalism That Can Contribute To Sustainable Shale Gas Development, James R. May, Erin Daly

James R. May

Unconventional shale gas development is occurring at a breakneck pace, principally in North America, with vast reserves elsewhere. This development has placed new and unorthodox stresses on traditional environmental governance paradigms. Environmental constitutionalism offers an additional tool for engaging in sustainable practices in the development of shale gas. We identify ten ‘good practices’ in environmental constitutionalism including: situating it in systems amenable to social, economic and cultural rights, and those with civil law traditions; clearly articulating a positive individual or collective right; making provisions self-executing; aligning substantive, policy-based and procedural provisions; recognizing sustainability, public trust, climate and biocentrism; scaffolding additional ...


The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford 2016 College of William & Mary Law School

The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford

William & Mary Environmental Law and Policy Review

No abstract provided.


The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice 2016 College of William & Mary Law School

The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice

William & Mary Environmental Law and Policy Review

No abstract provided.


Aransas Project V. Shaw: The Fifth Circuit’S Incorrect And Attenuated Proximate Cause Analysis On What Killed The Whooping Crane, Brian Reagan 2016 College of William & Mary Law School

Aransas Project V. Shaw: The Fifth Circuit’S Incorrect And Attenuated Proximate Cause Analysis On What Killed The Whooping Crane, Brian Reagan

William & Mary Environmental Law and Policy Review

No abstract provided.


Consequences Of Cambodia’S Rubber Boom: Assessing The Governmental, Environmental, And Human Rights Violations In The Industry’S Current Regulatory Framework, Ross Natividad 2016 College of William & Mary Law School

Consequences Of Cambodia’S Rubber Boom: Assessing The Governmental, Environmental, And Human Rights Violations In The Industry’S Current Regulatory Framework, Ross Natividad

William & Mary Environmental Law and Policy Review

No abstract provided.


Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely 2016 College of William & Mary Law School

Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely

William & Mary Environmental Law and Policy Review

No abstract provided.


Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond 2016 College of William & Mary Law School

Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond

William & Mary Environmental Law and Policy Review

Developers of onshore, utility-scale wind farms seek to purchase or lease parcels on which commercial wind turbines will be sited, carefully selecting each particular parcel based on its access to high wind speeds and unobstructed wind flowing across it in the free stream. Accordingly, a wind farm developer’s purchase or lease of a tract of land generally entails a large monetary investment and carries with it an investment-backed expectation that such land will be used for its originally intended purpose. Wind wakes, which disrupt the wind velocity in the free stream, cause downwind turbines to encounter diminished wind speeds ...


Designing A Better Carbon Tax: Only With Reinvestment, Stephan Sewalk 2016 College of William & Mary Law School

Designing A Better Carbon Tax: Only With Reinvestment, Stephan Sewalk

William & Mary Environmental Law and Policy Review

The objective of a tax on emissions is to curtail total discharges. Ever since Rio and Kyoto, this seems to be an elusive goal. Many papers have been written on the topic, but none actually solve the dilemma of how to proactively reduce emissions. This Article seeks to solve this issue by designing a better carbon tax to reduce U.S. emissions 90% by 2050. The first step needed is to extend and explain the economics of a carbon tax with reinvestment. I examine and graphically show the economics of the tax and subsequent reinvestment of revenues into building clean ...


Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson 2016 College of William & Mary Law School

Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson

William & Mary Environmental Law and Policy Review

A number of U.S. states, counties and municipalities have responded to the public health and environmental concerns surrounding fracking by imposing bans or moratoriums on unconventional oil and gas drilling. These restrictions have, in recent years, given rise to litigation challenges by oil and gas companies and by property owners deprived of potential revenues. The current Article begins by examining precisely who has litigated. Have large companies dominated or is it mostly smaller independents? Is there a difference in litigation rates between private and public companies? The Article then considers how Hirschman’s ideas of exit, voice and loyalty ...


Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn 2016 College of William & Mary Law School

Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn

William & Mary Environmental Law and Policy Review

This Article uses a detailed case study of the Chesapeake to describe an emergent model of intergovernmental administration tailored to address our largest-scale environmental problems. The Obama EPA’s “total maximum daily load” (“TMDL”) in the Chesapeake has yet to be replicated. But it should be. The TMDL and its supporting norms were unique as an operational plan, achieving a level of transparency, accountability, means/ends rationality, and continuous improvement that were unprecedented at its scale. And whether this model can be replicated elsewhere turns out to be as much a question of law as of politics.


A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts 2016 Pepperdine University

A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts

Journal of the National Association of Administrative Law Judiciary

This article begins with a description of the alarming matter of abandoned mines, mainly due to the issue of acid mine drainage. Then, it provides a detailed account of the Gold King disaster, including the current state of affairs surrounding the question of EPA liability. Next, it provides a simplified overview of some of the federal statutory hurdles that make it difficult to tackle remediation of abandoned hardrock mines. In wake of Gold King, another round of legislation has been proposed that might help, and these proposed bills center on familiar themes of reforming the General Mining Law of 1872 ...


Regulación Ambiental Y Efecto Dotación: Algunos Retos Y –Una– Solución, Daniel A. Monroy 2016 Universidad Externado de Colombia

Regulación Ambiental Y Efecto Dotación: Algunos Retos Y –Una– Solución, Daniel A. Monroy

Daniel A Monroy C

Resumen:
El Análisis Económico del Derecho (AED) señala al lawmaker cómo maximizar el bienestar social incluso a través de la regulación ambiental; para cumplir este objetivo, el mismo lawmaker requiere determinar las preferencias individuales respecto de los recursos ambientales, es decir, conocer manera cómo las personas valoran económicamente cada una de las posibles asignaciones de derechos. Sin embargo, los defensores del AED suelen olvidar que en presencia del “efecto dotación” las preferencias individuales y agregadas cambian sensiblemente una vez se asignan los derechos sobre dichos recursos. En este orden, el presente artículo pretende: (i) sintetizar la manera cómo el “efecto ...


Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq. 2016 Proskauer Rose LLP

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

Journal of Intellectual Property Law

No abstract provided.


Environmental Law - Oil Pollution Control - In The Absence Of Federal Preemption And Any Fatal Conflict Between Statutory Schemes, A State May Constitutionally Exercise Its Police Power To Provide For Cleanup Of Oil Spillage And For Recoupment Of Costs Concurrently With The Federal Government, Mary E. Deal 2016 University of Georgia School of Law

Environmental Law - Oil Pollution Control - In The Absence Of Federal Preemption And Any Fatal Conflict Between Statutory Schemes, A State May Constitutionally Exercise Its Police Power To Provide For Cleanup Of Oil Spillage And For Recoupment Of Costs Concurrently With The Federal Government, Mary E. Deal

Georgia Journal of International & Comparative Law

No abstract provided.


Weather Modification: A Modest Proposal, Lawrence A. Weirs 2016 University of Georgia School of Law

Weather Modification: A Modest Proposal, Lawrence A. Weirs

Georgia Journal of International & Comparative Law

No abstract provided.


International Fisheries Regulation, John P. Rivers 2016 University of Georgia School of Law

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.


Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand 2016 Harvard Law School

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr. 2016 Pepperdine University School of Law

Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr.

Pace Environmental Law Review

We should focus on human legal accountability for responsible treatment of nonhuman animals rather than radically restructuring our legal system to make them legal persons. This essay, provided at the kind invitation of the Pace Environmental Law Review (PELR) and Steven Wise, President of the Nonhuman Rights Project, Inc., outlines a number of concerns about animal legal personhood. It does so primarily in the context of the plaintiff’s brief in The Nonhuman Rights Project, Inc. v. Lavery, filed in the New York Supreme Court, New York County. The first Lavery lawsuit (Lavery I) was filed in Fulton County in ...


Understanding The Lloyd Moratorium And The Science That Supports It, Sarah J. Meyland 2016 New York Institute of Technology

Understanding The Lloyd Moratorium And The Science That Supports It, Sarah J. Meyland

Pace Environmental Law Review

This article examines the background to the enactment of the Lloyd Moratorium, the role of science, and a discussion of why limits on certain groundwater use are appropriate. Section Two reviews the history of the Lloyd Moratorium and the challenges to it. The role of the State in implementing the moratorium is also considered. Section Three describes the current guidelines for Lloyd well permits. Section Four reviews the vulnerability of the Lloyd aquifer. Section Five discusses the necessity of setting a high bar for Lloyd aquifer access. Section Six concludes with an outline of how the Long Island aquifer system ...


Digital Commons powered by bepress