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Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas 2016 Alexander Blewett III School of Law at the University of Montana

Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas

Public Land and Resources Law Review

In Natural Resources Defense Council, Inc. v. Pritzker, the Ninth Circuit dealt with the conflict of science in making legal and policy decisions. NMFS was held to a stringent mitigation standard to protect marine mammals against the Navy’s use of LFA sonar for military operations. In this decision the court held that agencies are required to apply the least practicable adverse impact on marine mammals in these types of operations and agencies must listen to their own experts when making these decisions.


Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque 2016 University of New Hampshire

Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque

RISK: Health, Safety & Environment

Dr. Roqu6 recounts her work as a doctoral candidate at Brown in developing standards for the regulation of airborne carcinogens. Based in part on this experience, she argues that care needs be taken lest those who regulate risk bury key policy decisions within a mass of often irrelevant technical details.


Using Management Techniques To Solve Environmental Problems, Patrick D. Kelly 2016 University of New Hampshire

Using Management Techniques To Solve Environmental Problems, Patrick D. Kelly

RISK: Health, Safety & Environment

Arguing that little effective progress is being made in solving problems of varying urgency, this paper suggests a leadership role for science and engineering societies. It proposes that such societies attempt to prioritize problems and attempt to focus public awareness (and calls to action) in a more systematic way.


Measuring Brief (Save Our Climate), John Jurucich, Mary Margaret Roark 2016 University of Mississippi School of Law

Measuring Brief (Save Our Climate), John Jurucich, Mary Margaret Roark

Pace Environmental Law Review Online Companion

Best Brief – Save Our Climate


Measuring Brief (Sylvanergy), Josh Fortenbery, Cameron Jimmo, Kathryn Roberts 2016 Lewis & Clark Law School

Measuring Brief (Sylvanergy), Josh Fortenbery, Cameron Jimmo, Kathryn Roberts

Pace Environmental Law Review Online Companion

Best Brief – Sylvanergy


Measuring Brief (Granger), Christopher M. Becker, Robert A. Marcum, Bennett T. Richardson 2016 University of Alabama School of Law

Measuring Brief (Granger), Christopher M. Becker, Robert A. Marcum, Bennett T. Richardson

Pace Environmental Law Review Online Companion

David Sive Award for Best Brief Overall.


2016 Bench Memorandum, 2016 Pace University

2016 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.


2016 National Environmental Law Moot Court Competition Problem, 2016 Pace University

2016 National Environmental Law Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.


City Of Longmont Colorado V. Colorado Oil & Gas Association, Arie R. Mielkus 2016 Alexander Blewett III School of Law at the University of Montana

City Of Longmont Colorado V. Colorado Oil & Gas Association, Arie R. Mielkus

Public Land and Resources Law Review

In Colorado, the oil and gas industry's use of hydraulic fracturing, and municipalities’ attempts to restrict where the practice can be done, are at odds. Those in favor of hydraulic fracturing laud the economic benefits and natural gas’s ability to burn cleaner than coal, while those in opposition warn of potential adverse environmental impacts including the strain on water resources in the arid west. The City of Longmont was sued following its enactment of an amendment outlawing hydraulic fracturing within city limits. The City’s amendment was found to be preempted by state law, and thus could not ...


Book Reviews, Risk Editorial Board 2016 University of New Hampshire

Book Reviews, Risk Editorial Board

RISK: Health, Safety & Environment

Reviews of the following books prepared by the editors of RISK on the topic of toxic tort litigation and/or public regulation of toxic substances:

Frank B. Cross, Environmentally Induced Cancer and the Law: Risks, Regulation and Victim Compensation, (1989).

Chemical Contamination and Its Victims: Medical Remedies, Legal Redress, and Public Policy (David W. Schnare & Martin T. Katzman, eds., 1989.

The Role of Science in Toxic Tort Litigation: Evaluating Causation and Risk: Drawn from Papers Presented at the TIPS Annual Meeting, August 1988, Toronto, Canada. Chicago, Ill: Tort and Insurance Practice Section, American Bar Association.


Protect Our Communities Foundation V. Jewell, Benjamin W. Almy 2016 Alexander Blewitt III School of Law at the University of Montana

Protect Our Communities Foundation V. Jewell, Benjamin W. Almy

Public Land and Resources Law Review

In Protect Our Communities Foundation v. Jewell, the Ninth Circuit upheld a right-of-way grant issued by the BLM for the development of the Tule Wind energy facility in the McCain Valley in southern California. In its decision to uphold the district court’s summary judgment ruling in favor of the Defendants, the Ninth Circuit reaffirmed National Environmental Policy Act (“NEPA”) standards of compliance for a satisfactory Environmental Impact Statement (“EIS”). The specific challenges raised by the Plaintiffs and addressed by the court were to the Statement of Purpose and Need, the Project Alternatives, the Mitigation Measures, and the “Hard Look ...


The Hidden Rise Of Efficient (De)Listing, Zachary A. Bray 2016 University of Kentucky

The Hidden Rise Of Efficient (De)Listing, Zachary A. Bray

Zachary Bray

What is the value of the gray wolf, and what might be the costs of including a tiny desert lizard on the list of endangered species? For decades, Congress has formally excluded questions about the economic value of species and the costs of their protection from agency decisions about whether a species should be listed under the Endangered Species Act. Recently, however, a number of federal legislators have sought to incorporate their own ad hoc views about the value of individual species in peril, and the costs of protecting such species, into listing decisions. This goal has been accomplished through ...


Surface Water In Indiana, Thomas L. Shaffer 2016 Notre Dame Law School

Surface Water In Indiana, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Kain V. Department Of Environmental Protection, Sarah M. Danno 2016 Alexander Blewett III School of Law at the University of Montana

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land and Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell 2016 Indiana University School of Law

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Mary Ellen O'Connell

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through ...


Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch 2016 University of Pennsylvania Law School

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

Jill Fisch

No abstract provided.


The Damming Of Nature: How China Is Expanding Its Dam Infrastructure And Potential Negative Downstream Effects On Fisheries Of The Yaluzangbu-Brahmaputra River, Stephanie M. Smith 2016 Golden Gate University School of Law

The Damming Of Nature: How China Is Expanding Its Dam Infrastructure And Potential Negative Downstream Effects On Fisheries Of The Yaluzangbu-Brahmaputra River, Stephanie M. Smith

Golden Gate University Environmental Law Journal

In light of the critical need to shift from fossil fuels as the primary source of energy, China continues to plan expansive hydropower generation projects on the Yaluzangbu-Brahmaputra River, one of the few remaining clean and biologically diverse river basin ecosystems in China. In March 2011, the Chinese National People’s Congress approved the Twelfth Five-Year Plan (Plan) for national development with specific themes and targets within the economic and social arenas. The Plan has a specific focus on “higher quality growth,” which is defined in the Plan as addressing the issues of renewable energy and sustainability. Specifically, the Plan ...


Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler 2016 Golden Gate University School of Law

Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler

Golden Gate University Environmental Law Journal

California groundwater is an invaluable drought reserve for agricultural farmers. With historically dry conditions affecting the annual water supply, precious groundwater has become one of the last water resources available to growers in the Central Valley. The devastating drought effects have necessitated the use of groundwater to help offset the surface water deprivation, and the increase in groundwater usage has become a source of growing conflict among water users and environmentalists across the state.

In 2014, the California Legislature introduced the Sustainable Groundwater Management Act (SGMA), opening the door to a new era of water management and new challenges for ...


Conflicting Theories At Play: Chemical Disclosure And Trade Secrets In The New Federal Fracking Regulation, Melanie McCormick 2016 Golden Gate University School of Law

Conflicting Theories At Play: Chemical Disclosure And Trade Secrets In The New Federal Fracking Regulation, Melanie Mccormick

Golden Gate University Environmental Law Journal

Currently, there is no federal law regulating fracking. Instead, fracking is only regulated under state law. Public disclosure requirements vary widely from state-to-state. Some states have no disclosure requirements at all. Of the states that do, most have included trade secret exception provisions allowing oil and gas companies to refuse to disclose the chemicals they use in fracking. More importantly, very few state laws that have trade secret exceptions also require that the company provide any substantiation that the trade secret is legitimate. Without some kind of uniform factual substantiation requirement, what is to keep oil and gas companies from ...


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