Environmental Law Commons^™

The Coastal Zone Management Act’S Capacity To Spearhead Coastal Adaptation, Mila Buckner

UC Law Environmental Journal

No abstract provided.

La Jolla, California, Lauren Weihl

UC Law Environmental Journal

No abstract provided.

Securing California’S Solar Future: Strategies To Mitigate The Effects Of The U.S.-Chinese Solar Trade Dispute On California’S New Renewable Energy Goals, Kevin Armonio

UC Law Environmental Journal

No abstract provided.

Lime Kiln State Park, Big Sur, California, Kevin Ashe

UC Law Environmental Journal

No abstract provided.

City Park, Porland, Oregon, Julianne Austria

UC Law Environmental Journal

No abstract provided.

Solving Smog Outsourcing: Domestic And International Solutions For Curbing Transboundary Sulfur Oxides Emissions, James Bonar-Bridges

UC Law Environmental Journal

No abstract provided.

Keeping The Desert At Bay: Adapting California Water Management To Climate Change, Paul J. Pearah

UC Law Environmental Journal

No abstract provided.

The Nature Of Equality: Promoting Environmental Justice In Kentucky Via The Fair Housing Act, Nicole Zub

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Protecting Kentucky's Honey Bees: What's Killing The Buzz, Why It Matters, And What We Can Do To Help, Christine M. Ficker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Epa Not To Blame For Rfs Pitfalls: A Call To Congress To Restructure The Rfs Program, Garlan Joseph Vanhook

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Implementing A Greener Redd+ In Black & White: Preserving Wounaan Lands And Culture In Panama With Indigenous-Sensitive Modifications To Redd+, Cindy Campbell

American Indian Law Review

No abstract provided.

Agencies Running From Agency Discretion, J.B. Ruhl, Kyle Robisch

Vanderbilt Law School Faculty Publications

Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA). Many federal agencies thus have argued strenuously, and counter-intuitively, that they do not have discretion over particular actions so as to avoid such pre-decision requirements. Interest group litigation challenging such agency moves has led to a new wave of jurisprudence exploring the dimensions of agency discretion. The emerging body of case law provides one of the most robust, focused judicial examinations …

In Defense Of Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The path of ecosystem services as a theme in environmental law and policy spans my practice (1982-1994) and academic (1994-present) careers. The importance of nature to human well-being seems so obvious one would think it has been front and center in environmental law and policy since the beginning, but, until recently, that has not been the case. Lately, however, the ecosystem services framework has catapulted this theme into prominence, if not dominance, in environmental discourse.

Preventive Justice, The Precautionary Principle And The Rule Of Law, Jocelyn Stacey

All Faculty Publications

Despite its largely preventive orientation, environmental law has, with one exception, remained distinct from the burgeoning field of preventive justice. The exception is the precautionary principle, which has become a subject of interest and frequent skepticism amongst preventive justice scholars. The precautionary principle is a central principle in environmental law. Its centrality arises from the pervasiveness of scientific uncertainty in environmental regulation; that is, our inability to reliably predict the consequences of our policy choices on environmental and human health. The precautionary principle squarely addresses the question of how we ought to proceed in the face of unavoidable uncertainty. This …

Effect Of The Paris Climate Agreement On U.S. Businesses, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In December, 195 countries convened in Paris for the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change. To the surprise and delight of most of the participants, the conference ended in consensus among all the participants on a document, the Paris Agreement, that will be opened for signature on April 22, 2016. President Barack Obama has indicated that the United States will sign it. (Co-author Michael Gerrard participated in the conference.)

On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford

Vanderbilt Journal of Entertainment & Technology Law

Although cyberspace and the atmosphere are distinct arenas, they share similar problems of overuse, difficulties of enforcement, and challenges of collective inaction and free riders. With weather patterns changing, global sea levels rising, and temperatures set to exceed 1.5 degrees Celsius by 2100, climate change is a problem that affects the entire world. Yet its benefits are dispersed, and its harms are often concentrated. Similarly, much of the cost of cyber attacks is focused in a few nations even as others are becoming havens for cybercriminals. Yet it is also true that actions taken by a multiplicity of actors on …

Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards

Journal Articles

Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. The best way to represent this risk through insurance is to apply the human-life insurance model to coastal property insurance. Human-life insurance is based on the assumption that every insured will die. Because the risk of death increases with age, the cost of insurance increases with …

Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

Sturm College of Law: Faculty Scholarship

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long …

Regulation Of Fracking Is Not A Taking Of Private Property, Kevin Lynch

Sturm College of Law: Faculty Scholarship

As the use of fracking has spread during the recent oil and gas boom, inevitable conflicts have arisen between industry and its neighbors, particularly as fracking has moved into densely populated urban and suburban areas. Concerned over the impacts of fracking – such as risks to health and safely, diminished property values, air and water pollution, as well as noise, traffic, and other annoyances – many people have demanded a government response.

Government regulation of fracking has struggled to catch up, although in recent years many state and local governments have taken steps to reduce the impacts of fracking in …

Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, K. K. Duvivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, Amelia Schlusser

Sturm College of Law: Faculty Scholarship

This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; …