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Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill 2019 Columbia Law School

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous ...


Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii 2019 Loyola University Chicago, School of Law

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

James T Gathii

This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts ...


This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms 2019 Washington and Lee University School of Law

This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms

Washington and Lee Law Review

Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession ...


Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey 2019 Suffolk University Law School

Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey

Minnesota Journal of Law, Science & Technology

No abstract provided.


Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver 2019 Selected Works

Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello 2019 University of Maine School of Law

Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello

Ocean and Coastal Law Journal

The ocean offers what may seem like endless supply of natural resources, ecosystem services, or for some, simple enjoyment. Yet, in the face of climate change and overexploitation, many of these unique ecosystems and their inhabitants face an uphill battle. A president's use of the Antiquities Act establishing a national monument is an efficient and effective method of protecting these diverse ecosystems, as long as the area to be protected satisfies one of the Act's limitations that the monument be "situated on land owned or controlled by the federal government." Prior to a 2017 lawsuit concerning President Obama ...


Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten 2019 University of Maine School of Law

Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten

Ocean and Coastal Law Journal

In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and ...


The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan 2019 University of Maine School of Law

The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan

Ocean and Coastal Law Journal

While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean ...


Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph 2019 University of Maine School of Law

Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

Ocean and Coastal Law Journal

This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 ...


Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett 2019 Villanova University Charles Widger School of Law

Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett

Villanova Environmental Law Journal

No abstract provided.


A Prophecy Misread That Could Have Been: Regulatory Adjudications And A Weakening Of The Environmental Rights Amendment In Logan V. Department Of Environmental Protection, Alexander N. Palmer 2019 Villanova University Charles Widger School of Law

A Prophecy Misread That Could Have Been: Regulatory Adjudications And A Weakening Of The Environmental Rights Amendment In Logan V. Department Of Environmental Protection, Alexander N. Palmer

Villanova Environmental Law Journal

No abstract provided.


Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White 2019 Villanova University Charles Widger School of Law

Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White

Villanova Environmental Law Journal

No abstract provided.


Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan 2019 Villanova University Charles Widger School of Law

Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan

Villanova Environmental Law Journal

No abstract provided.


Merriam-Webster's Unexpected Impact On The Environment: An Anlysis Of Justice Kavanaugh's Mexichem Fluor, Inc. V. Epa, Christina Rossetti 2019 Villanova University Charles Widger School of Law

Merriam-Webster's Unexpected Impact On The Environment: An Anlysis Of Justice Kavanaugh's Mexichem Fluor, Inc. V. Epa, Christina Rossetti

Villanova Environmental Law Journal

No abstract provided.


Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School of Law, Jourdan Thompson, Read Porter 2019 Rhode Island Sea Grant Law Fellow

Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter

Sea Grant Law Fellow Publications

This study reviews the potential takings liability associated with government development of wind turbine projects in offshore areas. It begins by introducing the development of the offshore wind industry in the U.S. and the benefits and potential impacts associated with this industry. Section 2 explains and evaluates potential takings claims under each of four theories: (1) direct appropriation or physical invasion; (2) categorical takings; (3) partial takings; and (4) nuisance takings. Section 3 concludes.


Financial Assurance For Hardrock Mining: Epa And Cercla, Braden Murphy 2019 Notre Dame Law School

Financial Assurance For Hardrock Mining: Epa And Cercla, Braden Murphy

Notre Dame Law Review

Hardrock mining operators are required to perform reclamation activities, primarily as a matter of state law. To ensure funds will be available to perform reclamation in the event an operator defaults on its obligations and declares bankruptcy, financial assurance requirements have emerged. Apart from limited federal regulations (which govern only federal lands), state laws and regulations comprise the universe of financial assurance requirements. In several cases, existing requirements have proven grossly insufficient, and taxpayers have been forced to bear cleanup costs. Many congressional bills have emerged in the past three decades to establish comprehensive federal legislation for hardrock mining and ...


Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig 2019 S.J. Quinney College of Law, University of Utah

Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig

Utah Law Faculty Scholarship

Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a ...


New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene, Robin Kundis Craig 2019 S.J. Quinney College of Law, University of Utah

New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene, Robin Kundis Craig

Utah Law Faculty Scholarship

The United Nations 17 sustainable development goals are nominally unprioritized. However, numerically and rhetorically, the list effectively makes development goals more important than the environmental goals. This de facto prioritization, however, is deeply flawed in two respects. First, as early sustainable development theorists acknowledged, the environment is the boundary of, not co-equal to, development, constraining potential progress both economically and socially. The Anthropocene’s rapidly accelerating deterioration of the global ecological and physical processes that make human development possible will ultimately constrain development options and potential. Second, human priorities will also change dramatically as adaptation to climate change — the most ...


Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr. 2019 S.J. Quinney College of Law, University of Utah

Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

The National Environmental Policy Act (NEPA) was an important environmental law for several decades before climate change became an issue of concern. Beginning in the 1990s efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality. However, implementation at the agency level has been uneven. Some Federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not ...


The 2018 Farm Bill: Legislative Compromise In The Trump Era, Chad G. Marzen 2019 Florida State University

The 2018 Farm Bill: Legislative Compromise In The Trump Era, Chad G. Marzen

Fordham Environmental Law Review

No abstract provided.


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