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All Articles in Environmental Law

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11629 full-text articles. Page 1 of 215.

Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Permitting Efficiency In Storm Water Effluent Compliance, Ryelle Seymour 2016 Boston College Law School

Permitting Efficiency In Storm Water Effluent Compliance, Ryelle Seymour

Boston College Environmental Affairs Law Review

In Natural Resources Defense Council, Inc. v. County of Los Angeles, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of National Pollutant Discharge Elimination System (NPDES) permit violations under the Clean Water Act. Environmental organizations brought suit against the County of Los Angeles and the Los Angeles County Flood Control District after the District published monitoring station reports identifying 140 separate exceedances of permit limitations. Even though the defendants’ monitoring station was located downstream from other permittees, the defendants were held liable as a matter of law for the violations because the permit clearly stated ...


When Is Whenever? Epa’S Retroactive Withdrawal Authority In Mingo Logan, Hale Melnick 2016 Boston College Law School

When Is Whenever? Epa’S Retroactive Withdrawal Authority In Mingo Logan, Hale Melnick

Boston College Environmental Affairs Law Review

In 2007, the United States Army Corps of Engineers granted Mingo Logan Coal Co. a permit to discharge dredge and fill material into four West Virginia streams and their tributaries. The U.S. Environmental Protection Agency (EPA) did not file an objection despite concerns about the discharge’s environmental impacts. Two years later, EPA moved to withdraw the permit in light of new information and circumstances regarding the discharge’s impact on wildlife. EPA claimed that it was authorized to withdraw the permit under Section 404(c) of the Clean Water Act, which provides the Administrator of EPA with the ...


Cooperative Federalism And Visibility Protection Under The Clean Air Act, Nicholas Knoop 2016 Boston College Law School

Cooperative Federalism And Visibility Protection Under The Clean Air Act, Nicholas Knoop

Boston College Environmental Affairs Law Review

In 2005, the U.S. Environmental Protection Agency (EPA) issued regulations pursuant to the Clean Air Act requiring states to submit plans to address visibility impairment due to air pollution. The regulations directed states to consider installing emissions controls at certain stationary sources according to five factors, including the cost of compliance. In Oklahoma v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Tenth Circuit held that EPA lawfully rejected Oklahoma’s plan because the state plan failed to follow EPA-promulgated guidelines when determining the cost of compliance factor. This Comment argues that the outcome ...


Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr. 2016 Boston College Law School

Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr.

Boston College Environmental Affairs Law Review

Derived from ancient Justinian and English common law, the “public trust doctrine” vests ultimate and inalienable ownership of certain tracts of land in the state. Many states have incorporated some variation of the public trust doctrine into their statutes, constitutions, or common law. The application of the public trust doctrine, however, has been challenged as constituting a Fifth Amendment regulatory taking of private property under the United States Constitution, giving rise to the need for just compensation. This type of application of the public trust doctrine was at issue in the nearly decade-long saga culminating in the decision of Palazzolo ...


Protecting The Delta Smelt: Environmental Organizations Have Standing To Enforce The Endangered Species Act’S Consultation Requirement, Alexandra Shalom 2016 Boston College Law School

Protecting The Delta Smelt: Environmental Organizations Have Standing To Enforce The Endangered Species Act’S Consultation Requirement, Alexandra Shalom

Boston College Environmental Affairs Law Review

In January 1993, the U.S. Fish & Wild Life Service (“FWS”) added the delta smelt, a small, silvery blue fish, to the Endangered Species Act’s (“ESA”) list of threatened wildlife. Species on the list are entitled to the ESA’s protections. In Natural Resource Defense Council v. Jewell, the Natural Resource Defense Council (“NRDC”) brought an action against the Bureau of Reclamation (the “Bureau”) for violating Section 7(a)(2) of the ESA, the consultation requirement, to protect the delta smelt. The consultation provision required the Bureau to consult with the FWS before it renewed contracts that controlled water ...


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 ...


Bruce Huber Was A Guest On Npr's All Things Considered, "What The Keystone Xl Pipeline Decision Actually Means", Bruce R. Huber 2016 Notre Dame Law School

Bruce Huber Was A Guest On Npr's All Things Considered, "What The Keystone Xl Pipeline Decision Actually Means", Bruce R. Huber

Bruce R Huber

President Obama has rejected the application to complete the Keystone XL pipeline. Bruce Huber, professor of energy law at the University of Notre Dame, talks about the Keystone pipeline decision.


Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny 2016 Fordham University School of Law

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny

Georgia Journal of International & Comparative Law

No abstract provided.


The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey 2016 McGill University

The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey

Osgoode Hall Law Journal

This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: They reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework of the ...


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 ...


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