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Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore 2018 S.J. Quinney College of Law, University of Utah

Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore

Environmental Dispute Resolution Program

Unhealthy air quality. Growing demands for water in an arid state. Conflicts over public lands and how those lands should be managed. These are just a few environmental and natural resources challenges here in Utah that we hear “keep people up at night.” Such challenges are indeed daunting, and they will not be easily solved. However, in every challenge there is an opportunity. And when it comes to environmental and natural resources challenges, there is a powerful opportunity for people to work together to find mutually beneficial solutions that are, as consensus building guru Larry Susskind puts it, “fair, efficient ...


From Little Acorns, Nicholas A. Robinson 2018 Elisabeth Haub School of Law at Pace University

From Little Acorns, Nicholas A. Robinson

Pace Law Faculty Publications

Inaugurating Writing Nature: A Seasonal Program of Readings of Nature Writings, under the shared auspices of the Teatown Lake Reservation and the Hudson Valley Writers Center. Presented at the Hudson Valley Writers Center, Sleepy Hollow, New York.


Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa 2018 Florida International University College of Law

Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa

Ryan B. Stoa

The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as ...


Wyoming V. Zinke, Jaclyn Van Natta 2018 Alexander Blewett III School of Law at the University of Montana

Wyoming V. Zinke, Jaclyn Van Natta

Public Land and Resources Law Review

In Wyoming v. Zinke, the Bureau of Land Management attempted to update a regulation governing hydraulic fracturing from the 1980s, but oil and gas industry companies opposed, and brought suit. The district court held in favor of the industry petitioners, and the Bureau of Land Management and citizen group intervenors appealed. In the wake of appeal, Donald J. Trump became President of the United States. The administration change caused the Bureau of Land Management to alter its position and align with the new administration. Secretary of the Interior, Ryan Zinke, via executive order, began rescinding the new fracking regulation, which ...


California V. United States Bureau Of Land Management, Molly M. Kelly 2018 Alexander Blewett III School of Law at the University of Montana

California V. United States Bureau Of Land Management, Molly M. Kelly

Public Land and Resources Law Review

After President Trump’s Executive Order No. 13783 encouraging relaxing regulatory burdens on energy production, the Bureau of Land Management reevaluated its 2016 “Waste Prevention Rule” which addressed waste of natural gas from venting, flaring, or other leaks resulting from oil and natural gas production activities. The BLM sought to postpone the Rule’s compliance date to give the agency time to promulgate a new rule—effectively overruling the 2016 Rule. Plaintiffs challenged the agency’s compliance under the Administrative Procedures Act, and the court found the BLM did not properly follow APA requirements.


Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom 2018 Alexander Blewett III School of Law at the University of Montana

Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom

Public Land and Resources Law Review

In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.


Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy 2018 University of Maryland School of Law

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad 2018 Barry University

Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Trademarks And Private Environmental Governance, David E. Adelman, Graeme W. Austin 2018 University of Texas at Austin School of Law

Trademarks And Private Environmental Governance, David E. Adelman, Graeme W. Austin

Notre Dame Law Review

This Article examines the relationship between private environmental governance and trademark law. Over the past two decades, green trademarks and other forms of private governance have flourished in tandem with the retreat from national and international public law modalities of environmental regulation. The rising political opposition to environmental regulation partly accounts for this change. Also relevant is the rise of globalization, which due to jurisdictional and trade constraints has diminished the effective regulatory control countries have over products sold in their markets.

Private environmental governance is premised on consumers “voting with their wallets” by selecting products that reflect not just ...


Environmental Law Practice: Problems And Exercises For Skills Development, Noah M. Sachs 2018 University of Richmond

Environmental Law Practice: Problems And Exercises For Skills Development, Noah M. Sachs

Law Faculty Publications

One of the few books to focus on practice as opposed to pure substantive issues, this book provides environmental law teachers with a new resource for imparting practical skills. The authors have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; and comment on an EPA rule making, as well as many other relevant skills ...


Too Big To Fail: Limiting Public Risk In Hydropower Licensing, Joshua Viers, Daniel Nover 2018 University of California, Hastings College of the Law

Too Big To Fail: Limiting Public Risk In Hydropower Licensing, Joshua Viers, Daniel Nover

Hastings Environmental Law Journal

No abstract provided.


Using Drones To Fight Slavery In The Fields: An Examination Of The Practicality And Constitutionalityof Applying 21st Century Technology To A 21st Century Problem, Claire Wilkens 2018 University of California, Hastings College of the Law

Using Drones To Fight Slavery In The Fields: An Examination Of The Practicality And Constitutionalityof Applying 21st Century Technology To A 21st Century Problem, Claire Wilkens

Hastings Environmental Law Journal

No abstract provided.


Conservation Easements For Green Urban Spaces, Matthew Olhausen 2018 University of California, Hastings College of the Law

Conservation Easements For Green Urban Spaces, Matthew Olhausen

Hastings Environmental Law Journal

No abstract provided.


H.R. 23: An Assault On Water Resource Conservation And California’S State Sovereignty, Ross Middlemiss 2018 University of California, Hastings College of the Law

H.R. 23: An Assault On Water Resource Conservation And California’S State Sovereignty, Ross Middlemiss

Hastings Environmental Law Journal

No abstract provided.


A Zero-Emissions Future: Whither California?, Paul Cort 2018 University of California, Hastings College of the Law

A Zero-Emissions Future: Whither California?, Paul Cort

Hastings Environmental Law Journal

No abstract provided.


California’S Cap And Trade Extension: How Senate Bill 775 Envisioned A New Path To Reduce Greenhouse Gas Emissions, Bob Wieckowski 2018 University of California, Hastings College of the Law

California’S Cap And Trade Extension: How Senate Bill 775 Envisioned A New Path To Reduce Greenhouse Gas Emissions, Bob Wieckowski

Hastings Environmental Law Journal

No abstract provided.


California Environmental Quality Act Lawsuits And California’S Housing Crisis, Jennifer Hernandez 2018 University of California, Hastings College of the Law

California Environmental Quality Act Lawsuits And California’S Housing Crisis, Jennifer Hernandez

Hastings Environmental Law Journal

No abstract provided.


Friends Of The Eel River, Iccta Preemption, And The Future Of California High Speed Rail Litigation, Christopher J. Butcher, Johannah E. Kramer 2018 University of California, Hastings College of the Law

Friends Of The Eel River, Iccta Preemption, And The Future Of California High Speed Rail Litigation, Christopher J. Butcher, Johannah E. Kramer

Hastings Environmental Law Journal

No abstract provided.


California’S Clean Car Law: Fifteen Years Later, A Look In The Rearview Mirror, Darry Sragow, Monika Darwish 2018 University of California, Hastings College of the Law

California’S Clean Car Law: Fifteen Years Later, A Look In The Rearview Mirror, Darry Sragow, Monika Darwish

Hastings Environmental Law Journal

No abstract provided.


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