Environmental Law Commons^™

It’S Time For The Fda To Define ‘Natural’, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

The authors discusses the FDA 's recent call for comments on a definition of the term natural as it applies to food.

Front Matter

Michigan Journal of Environmental & Administrative Law

No abstract provided.

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater …

Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha

International Development, Community and Environment (IDCE)

Five years after the Fukushima accident, people and countries still argue about the opportunity costs of denuclearization. While nuclear power generation has safety and waste issues, it is carbon free. Climate change has created more pressure for greenhouse gas reduction, so a few countries have decided to maintain or even increase nuclear power generation. The United States ranks first for using nuclear power produced by electricity generation, while the Republic of Korea, the closest country in proximity to Japan, ranks fourth in countries that use nuclear power. In fact, Korea even rapidly increased nuclear business after the Fukushima accident. Despite …

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.

Reforming Oil And Natural Gas Severance Taxation As A Means Of Strengthening Rural Tennessee, Erica Davis

Chancellor’s Honors Program Projects

No abstract provided.

Bridging The Implementation Of Nagoya-Kualalumpur Supplementary Protocol On Liability And Redress In Indonesia, Wahyu Yun Santoso

Indonesia Law Review

Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on …

Access To Ecological Justice For The Marginalised People Of Indonesia: Is It A Genuine Or Pseudo Recognition And Protection?, Nurjaya I Nyoman, Rachmad Safaat

Indonesia Law Review

The era following the 1972 Stockholm Declaration and subsequently the 1992 Rio de Janeiro Declaration, brought about a great amount of concern of the international community, in developed as well as under-developed countries, for human environment and natural resources preservation, management and protection. It includes the equitable allocation and distribution of natural resources as well as fair participation in environmental decision-making, respect and recognition of rights of the people and particularly indigenous communities. This is the so called access to justice for all that refers to a genuine access by people and communities to obtain just and fair democratic mechanism …

Toxic Confinement: Can The Eighth Amendment Protect Prisoners From Human-Made Environmental Health Hazards?, Brenna Helppie-Schmieder

Northwestern University Law Review

What would you do if you realized a nearby factory or energy operation was making everyone in your town sick? You might try to rally your neighbors in protest, take legal action, or cut your losses and move away. But what if your options were more limited? What if you were forced to stay? This is the situation for prisoners across the country who live in prisons located near dangerous energy industry operations.

The increased reliance on incarceration in recent times has resulted in prisons being built on undesirable land, often the same land occupied by the energy industry. This …

Allied Paper Landfill, A Case Study Of Superfund, Kaitlin Braunschweig

Honors Theses

The Comprehensive Environmental Response, Compensation, and Liability Act (1980), more commonly known as Superfund, delegates the responsibility for cleanup of more than 1,300 hazardous waste sites to the federal Environmental Protection Agency (EPA). This thesis is designed as a case study to investigate the Superfund program through the lens of the Allied Paper Landfill portion of the Kalamazoo River Superfund Site. Through interviews with key stakeholders an evaluation was completed based on the following research questions: 1) are the current goals of Superfund appropriate, 2) is the funding mechanism sufficient to fulfill the goals of Superfund, and 3) is the …

The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin

Patricia E. Salkin

Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck (the author) is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment …

Nimby To Nope—Or Yess?, K.K. Duvivier, Thomas Witt

Sturm College of Law: Faculty Scholarship

On December 12, 2015, 195 governments around the world agreed to the COP21 commitments to combat climate change. Pivotal to the success of these goals is a shift from fossil-fuel energy generation to renewable resources. Wind power is one of the largest renewable energy generation sources in the United States and has the greatest potential for future development. While wind energy generation has enjoyed some of the most impressive gains in development of new capacity, reaching future goals will face more challenges. In addition to resource potential, wind development is also confined to locations that meet the sweet spot of …

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.

Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa

Faculty Scholarship

Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.

Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang

Christine A. Klein

As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …

The Environmental Deficit: Applying Lessons From The Economic Recession, Christine A. Klein

Christine A. Klein

In 2007, the nation entered its greatest financial downturn since the Great Depression of the 1930s. What followed was a period of national introspection. Although prescriptions for financial rescue varied widely in the details, a surprisingly broad consensus emerged as to the underlying pathology of the crisis. This Article explores three principal contributing factors and the lessons associated with each that make up this pathology. These factors include: rejecting rules through deregulation, trivializing risk through overly optimistic analyses, and overconsumption supported by reckless borrowing and lending practices. The powerful lessons from this pathology, considered by a stunned nation in the …

The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein

Christine A. Klein

Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C of …

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Christine A. Klein

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop

Public Land & Resources Law Review

Wildearth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement sprung from the approval of a modified mining plan for the Spring Creek Mine in Montana. Wildearth Guardians is the adoption of Magistrate Judge Ostby’s Findings and Recommendations by United States District Judge, Susan Watters concluding that the Office of Surface Mining, Reclamation and Enforcement violated several provisions of NEPA.

Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.