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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 ...


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.


The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Ct., Erin Ryan 2015 Lewis & Clark Law School

The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Ct., Erin Ryan

Erin Ryan

This article tells the epic tale of the fall and rise of Mono Lake—the strange and beautiful Dead Sea of California—which fostered some of the most important environmental law developments of the last century, and which has become a platform for some of the most potentially important developments in the new century. It shares the backstory and legacy of the California Supreme Court’s famous decision in National Audubon Society v. Superior Court, 658 P.2d 709 (Cal. 1983), known more widely as “the Mono Lake case.” Inspired by innovative legal scholarship and advocacy, the decision spawned a ...


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.


A Nation Going Under: Legal Protection For “Climate Change Refugees”, Xing-Yin Ni 2015 Boston College Law Review

A Nation Going Under: Legal Protection For “Climate Change Refugees”, Xing-Yin Ni

Boston College International and Comparative Law Review

Climate change-related disasters displace millions of people each year. Small island states in the Pacific have become emblematic of the problem because they are among the most impacted and the most vulnerable. Often portrayed by global media as drowning beneath the sea, these states are struggling for their very survival. Many of their residents are looking to move overseas, but face a lack of legal options to migrate. A test case in New Zealand from a Kiribati national claiming to be a “climate change refugee” highlights the difficulty of fitting climate-induced migrants into the Refugee Convention mold. To grant refuge ...


Traditional Communities As "Subjects Of Rights" And The Commoditization Of Knowledge In Brazil, Noemi M. Porro, Joaquim Shiraishi Neto, Roberto Porro 2015 Universidade Federal do Pará

Traditional Communities As "Subjects Of Rights" And The Commoditization Of Knowledge In Brazil, Noemi M. Porro, Joaquim Shiraishi Neto, Roberto Porro

The International Indigenous Policy Journal

The International Labor Organization (ILO) Convention 169 and the Convention of Biological Diversity (CBD) led signatory state-members to recognize traditional communities as subjects of rights, and no longer as objects of tutelage. However, their implementation may bring new challenges in states adopting market-based decision-making to rule social life. In pluri-ethnic societies in which power differentials are structurally embedded, traditional communities and companies exploring their resources and knowledge have been, historically, unequal and opposed parties. In processes of benefit sharing, these unequal social actors are wrongfully considered equally free subjects of rights in negotiating contracts in supposedly free markets. Erasing historical ...


Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein 2015 University of Georgia School of Law

Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein

Georgia Journal of International & Comparative Law

No abstract provided.


Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella 2015 Nova Southeastern University

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place ...


The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella 2015 Nova Southeastern University

The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. The harms that occurred were widespread and devastating: eleven people were killed, 1,000 miles of coastline was degraded, ocean life and beaches were destroyed, and the local economy of the region was adversely impacted, especially fishing and tourism industries. In response, Congress passed ...


Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin 2015 USC, Institute for Global Health

Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Worldwide, the problem of air pollution is heterogeneous in its sources and in the populations affected, but consistent in that there is an urgent need for action. In this Comment, we address whether framing air pollution as a human rights issue would more quickly and efficiently motivate and direct actions than what is done at present. We conclude that rights-based approaches merit deeper consideration to advance control for air pollution worldwide at a time when air quality is notably deteriorating in many parts of the world.


Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman 2015 University of San Diego

Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman

Rick A. Waltman

The rate of renewable energy adoption will largely determine the success of climate change mitigation efforts. Subsidies for the renewable energy industry, currently far outweighed by fossil fuel subsidies, will be necessary to establish greater adoption of renewable energy technologies. Because WTO rules impose constraints on subsidies based on ideals of international market freedom above all else, potential for nations to develop their domestic renewable energy industries is severely limited. This article proposes some possible amendments to the GATT, the SCM Agreement, and the TRIMs Agreement that Members might consider in future trade negotiations.


An Examination Of Legislation For The Protection Of The Wetlands Of The Atlantic And Gulf Coast States, Anthony J. Haueisen 2015 University of Mississippi

An Examination Of Legislation For The Protection Of The Wetlands Of The Atlantic And Gulf Coast States, Anthony J. Haueisen

Gulf and Caribbean Research

The most useful aquatic areas in the world are in serious danger of destruction. The estuaries, where fresh water, land and sea meet in a dynamic and highly productive zone, are today gravely threatened through unwise and unplanned excessive use of their valuable but finite capacities. Estuaries include the coastal zone which is affected by both the run-off of fresh water from the land and the salt water from the sea. This zone includes tidal rivers, marshes, bays and river mouths. The value of these estuarine regions has been well established by biologists. However, this value is fully appreciated by ...


Rule 10b-5 At The Intersection Of Greenwash And Green Investment: The Problem Of Economic Loss, Cadesby B. Cooper 2015 Boston College Law School

Rule 10b-5 At The Intersection Of Greenwash And Green Investment: The Problem Of Economic Loss, Cadesby B. Cooper

Boston College Environmental Affairs Law Review

Despite the recent growth of socially responsible investment (“SRI”), there is little evidence supporting its central claim: that it can affect a company’s cost of capital, thus inducing good behavior. Accordingly, this Note questions whether there are legal ramifications for a company that misrepresents its environmental and social practices, when such practices in fact do not affect the expected future cash flows of the company, the company’s cost of capital, and in turn, the price of the company’s stock. SEC Rule 10b-5 provides a private right of action for securities fraud, but requires that an investor sustain ...


Iceberg Harvesting: Suggesting A Federal Regulatory Regime For A New Freshwater Source, Cory J. Lewis 2015 Boston College Law School

Iceberg Harvesting: Suggesting A Federal Regulatory Regime For A New Freshwater Source, Cory J. Lewis

Boston College Environmental Affairs Law Review

The global freshwater shortage has already reached crisis levels. The World Health Organization and UNICEF estimate that there are over 700 million people in the world without access to clean drinking water. While this crisis continues to intensify, a massive, game changing source of freshwater is floating in the Arctic and Antarctic oceans, slowly melting away: icebergs. This Note analyzes the potential for harvesting icebergs as a freshwater source on a global scale. By focusing on and illustrating the legal status of icebergs on the high seas, this Note seeks to demonstrate why icebergs are res nullius—existing in a ...


Free Riders On The Firestorm: How Shifting The Costs Of Wildfire Management To Residents Of The Wildland-Urban Interface Will Benefit Our Public Forests, Benjamin Reilly 2015 Boston College Law School

Free Riders On The Firestorm: How Shifting The Costs Of Wildfire Management To Residents Of The Wildland-Urban Interface Will Benefit Our Public Forests, Benjamin Reilly

Boston College Environmental Affairs Law Review

Since the early 1900s, the federal land management agencies—the Forest Service in particular—have focused their wildfire management efforts on suppression. A century of wildfire suppression policy has created a buildup of natural fuels in the Nation’s forests that contribute to larger, more damaging fires today. This, coupled with the rapid development of the Wildland-Urban Interface, makes today’s wildfires a greater threat to human life and property. As a result, the federal government’s annual expenditures for wildfire management have ballooned in recent years. Relying on the billions of tax dollars spent each year to fight wildfire ...


Staged Cercla Remediation Vs. Biogeochemical Cycling: How The Seventh Circuit Compartmentalized The Environment In Frey V. Epa, And Why Polychlorinated Biphenyls Don’T Care, Joe Lance 2015 Boston College Law School

Staged Cercla Remediation Vs. Biogeochemical Cycling: How The Seventh Circuit Compartmentalized The Environment In Frey V. Epa, And Why Polychlorinated Biphenyls Don’T Care, Joe Lance

Boston College Environmental Affairs Law Review

For decades, toxic chemicals have leaked from disposed electronic equipment into the environment at several sites around Bloomington, Indiana. The contamination has resulted in a series of lawsuits concerning when citizens may bring legal claims in order to have input in the cleanup process. The Seventh Circuit, in Frey v. U.S. Environmental Protection Agency, held that section 113(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, bars review of the EPA’s planned or pending stages of an environmental cleanup. The court held, however, that CERCLA allows review of completed stages of a cleanup ...


Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker 2015 Boston College Law School

Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker

Boston College Environmental Affairs Law Review

Because automobiles cause harmful effects on the environment, the United States should encourage bicycling as an alternative means of transportation to automobiles. Many Americans elect not to cycle as a means of transportation out of fear of a collision with an automobile. Such collisions can be devastating physically and financially, and yet, after a bicycle-automobile collision, cyclists often bear the burden of proving negligence in a suit against the driver, and are often left without a remedy for their injuries. Other countries, such as the Netherlands, use a form of strict liability in lawsuits concerning bicycle-automobile collisions, which shifts the ...


People Of The Outside: The Environmental Impact Of Federal Recognition Of American Indian Nations, Rebecca M. Mitchell 2015 Boston College Law School

People Of The Outside: The Environmental Impact Of Federal Recognition Of American Indian Nations, Rebecca M. Mitchell

Boston College Environmental Affairs Law Review

American Indians interact with land and the environment in a manner that is distinct from non-native peoples. They view natural resources as an integral part of their way of life. As a result, Indian tribes desire to implement policies and programs that will protect their natural resources. In order to receive federal assistance for these policies and programs, however, a tribe must be federally recognized. The Duwamish tribe, which resides near Seattle, Washington, is not a federally recognized tribe. Despite years of fighting for recognition, the Duwamish cannot take part in the improvement of their tribal region’s air and ...


Bucking White Stallion: Why Epa Should Have Prohibited Cost Considerations From Clean Air Act Egu Regulatory Designations And Why The D.C. Circuit Would Have Upheld It, Samuel Worth 2015 Boston College Law School

Bucking White Stallion: Why Epa Should Have Prohibited Cost Considerations From Clean Air Act Egu Regulatory Designations And Why The D.C. Circuit Would Have Upheld It, Samuel Worth

Boston College Environmental Affairs Law Review

In 2012 the Environmental Protection Agency issued a Final Rule subjecting coal and oil-fired electric utility steam generating units, or EGUs, to EPA regulation under section 112 of the Clean Air Act, officially listing them as “source-categories” of Hazardous Air Pollutant, or HAP, emissions. Additionally, the agency held that situation-specific factors, such as implementation and compliance costs, should not be considered when designating EGUs for regulation. In White Stallion Energy Center, LLC v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the D.C. Circuit held that the CAA does not require EPA to consider implementation ...


Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski 2015 Gibson, Dunn & Crutcher, LLP

Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski

Boston College Environmental Affairs Law Review

Article III of the U.S. Constitution limits courts to hearing only cases and controversies. To address this limitation, federal courts have developed the doctrine of standing, which requires a litigant to have suffered a cognizable injury in fact, which was caused by the challenged conduct and that will be redressable by a favorable outcome. Courts have struggled to balance these components and, in practice, different requirements have developed for meeting standing depending on the nature of the case and the type of party bringing suit. This Article explores the U.S. Court of Appeals for the District of Columbia ...


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