Georgetown University Law Center
Maurice A. Deane School of Law at Hofstra University
SelectedWorks
Boston College Law School
Indiana University Maurer School of Law
Notre Dame Law School
College of William & Mary Law School
Claremont McKenna College
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation,
2020
University of New Mexico
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter
Natural Resources Journal
No abstract provided.
Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act,
2019
University of Miami Law School
Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas
University of Miami Law Review
Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs ...
A Dirty Waste—How Renewable Energy Policies Have Financed The Unsustainable Waste-To-Energy Industry,
2019
Boston College Law School
A Dirty Waste—How Renewable Energy Policies Have Financed The Unsustainable Waste-To-Energy Industry, Hale Mcanulty
Boston College Law Review
The end of the 20th Century saw a major shift in the United States’ approach to energy policy. After decades focused on fossil fuel production, the country began to realize that renewable sources of energy were the way of the future. Motivated by environmental concerns and a realization that oil is a finite resource, the federal government and local governments began adopting economic policies that rewarded investment in and production of renewable, clean technology. Governments relied on both mandates and tax incentives to encourage the use of energy from sources like solar and wind power. Waste-to-Energy (“WTE”) power is another ...
Time To Act: Response To Questions Posed By The Expert Panel On Sustainable Finance On Fiduciary Obligation And Effective Climate-Related Financial Disclosures,
2019
Allard School of Law at the University of British Columbia
Time To Act: Response To Questions Posed By The Expert Panel On Sustainable Finance On Fiduciary Obligation And Effective Climate-Related Financial Disclosures, Janis P. Sarra, Cynthia Williams
Faculty Publications
While there are numerous strategies to be deployed to move Canada to a financially sustainable future, this study addresses two critically important issues: fiduciary obligation of corporate- and pension-fiduciaries, and national action on environmental, social and governance (“ESG”) financial disclosure, including climate-related financial risk disclosure. The Canadian economy is facing significant challenges and disruptions in the transition to a lower carbon world. Absent clear and innovative steps to ensure our corporations and financial institutions act to address carbon emissions and other environmental, social and governance risks and opportunities, we will be seriously prejudiced in a world that is rapidly moving ...
Advancing The Aquaculture Industry Through The Federal Crop Insurance Program,
2019
University of Maine School of Law
Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen
Ocean and Coastal Law Journal
In recent times, the aquaculture industry has experienced dramatic growth. The growth of the industry is a direct result of an increase in demand for seafood, and a decrease in supply from wild fisheries. The industry, however, is also experiencing growing pains. Aquaculture species, compared to their wild counterparts, are at a higher risk of catastrophic loss from a variety of different perils. These perils make investment in the aquaculture industry significantly risky. The federal crop insurance program could be a tool that mitigates these risks, but the program was designed around terrestrial agriculture, and while aquaculture may be covered ...
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework,
2019
University of Maine School of Law
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Ocean and Coastal Law Journal
Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious ...
Whose Land Is It Anyway? Navigating Ghana's Complex Land System,
2019
Texas A&M University School of Law
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Texas A&M Law Review
This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.
Wildearth Guardians V. United States Bureau Of Land Management,
2019
University of Montana School of Law
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Solenex Llc V. Jewell,
2019
Alexander Blewett III School of Law at the University of Montana
Solenex Llc V. Jewell, F. Aaron Rains
Public Land & Resources Law Review
In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...
Sierra Club V. Virginia Electric & Power Company,
2019
Alexander Blewett III School of Law at the University of Montana
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.
Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates,
2019
University of California, Hastings College of the Law
Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber
Hastings Environmental Law Journal
No abstract provided.
Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës,
2019
University of California, Hastings College of the Law
Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku
Hastings Environmental Law Journal
No abstract provided.
Suction Dredging In The United States: Current Regulations And Potential Paths Forward,
2019
University of California, Hastings College of the Law
Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault
Hastings Environmental Law Journal
No abstract provided.
Crop Insurance Reform In The Face Of Climate Change,
2019
University of California, Hastings College of the Law
Crop Insurance Reform In The Face Of Climate Change, Perry Elerts
Hastings Environmental Law Journal
No abstract provided.
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019,
2019
Roger Williams University
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Too Much Of A Good Thing: Overcrowding At America's National Parks,
2019
Notre Dame Law School
Too Much Of A Good Thing: Overcrowding At America's National Parks, Abby L. Timmons
Notre Dame Law Review
This Note focuses on the National Park Service’s failure to act in adopting a carrying capacity for each park specifically, and discusses some of the negative effects this failure has had on individual parks. Part I provides a general background of the national parks system and will more fully explore the dual aims of its Organic Act. Part II discusses the NPS’s affirmative response to the 1978 amendment requiring carrying capacities, while Part III focuses on the ramifications of the widespread nonresponse by many of the parks. Part IV considers possible fixes, including not only inspiring the NPS ...
Agency Statutory Abnegation In The Deregulatory Playbook,
2019
Georgetown University Law Center
Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in a deregulatory direction, why might statutory abnegation be chosen? After all, it is always a perilous and likely doctrinally disadvantageous strategy for agencies. Nonetheless, agencies from time to time have utilized statutory abnegation claims as part of their justification for deregulatory shifts. Actions by agencies during 2017 and 2018, under the administration of President Donald ...
Living On Coral Time: Debating Conservation In The Anthropocene,
2019
University at Buffalo School of Law
Living On Coral Time: Debating Conservation In The Anthropocene, Irus Braverman
Journal Articles
No abstract provided.
“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform,
2019
University of California, Hastings College of the Law
“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani
Hastings Environmental Law Journal
No abstract provided.
Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach,
2019
University of California, Hastings College of the Law
Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen
Hastings Environmental Law Journal
No abstract provided.
