A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, 2015 Touro University Jacob D. Fuchsberg Law Center
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
Scholarly Works
Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …
Time For A Restatement, 2015 University of Montana School of Law
Time For A Restatement, Irma S. Russell, Robert Percival, Tracey Hester, Victor Flatt, Joel Mintz
Faculty Journal Articles & Other Writings
After a quarter century of statutory stagnation, the American Law Institute needs to address environmental laws, regulations, and judicial decisions to clarify and solidify the consensus to date and the need for evolution to address emerging threats.
Correlations Between Childhood Obesity And Obesogenic Environmental Variables Within Durham County, North Carolina, 2015 Walden University
Correlations Between Childhood Obesity And Obesogenic Environmental Variables Within Durham County, North Carolina, Eureka Capri Daye
Walden Dissertations and Doctoral Studies
The application of geographic information systems was used to map obesogenic conditions by zip code tabulation areas in Durham County, North Carolina and evaluated associations between those conditions and the understudied area of early childhood obesity. Of the thirty one percent of the children in Durham County, North Carolina who were considered obese in 2010, four hundred and thirty three (1:5) 2 - 4 year old children who received supplemental nutrition services for women, infants and children were obese with BMI levels greater or equal to the 95th percentile and were used as the criterion variable in the study (N=433). …
Environmental Law At Maryland: 2015 Year In Review, 2015 University of Maryland Francis King Carey School of Law
Environmental Law At Maryland: 2015 Year In Review
Environmental Law at Maryland
No abstract provided.
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, 2015 Elisabeth Haub School of Law at Pace University
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.
Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …
An Environmental Understanding Of The Local Land Use System, 2015 Elisabeth Haub School of Law at Pace University
An Environmental Understanding Of The Local Land Use System, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work, describing in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article outlines a comprehensive framework for understanding how traditional local land use authority can be used to preserve natural resources and environmental functions at the community level.
A Response To The Ipcc Fifth Assessment, 2015 Touro University Jacob D. Fuchsberg Law Center
A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs
Scholarly Works
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …
Keeping Track Of Conservation, 2015 University of Miami School of Law
Keeping Track Of Conservation, Jessica Owley
Articles
Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …
Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, 2015 University of Richmond
Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan
Law Student Publications
Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …
The Environmental Emergency And The Legality Of Discretion In Environmental Law, 2015 Allard School of Law at the University of British Columbia
The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey
All Faculty Publications
This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: they reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework …
The Lived Experiences Of Limited English Proficiency, Spanish-Speaking Male Ex-Offenders, 2015 Walden University
The Lived Experiences Of Limited English Proficiency, Spanish-Speaking Male Ex-Offenders, Paula Nery Sanchez
Walden Dissertations and Doctoral Studies
The purpose of this phenomenological study was to explore the lived experiences of Spanish-speaking men in the United States with limited English proficiency following their release from prison. The study specifically examined the experiences of these men in their efforts to access health care treatment, housing, education, and employment in Central Pennsylvania. An empirical, phenomenological research design was employed that used self-stigma, critical race, and self-determination theories for in-depth interviews with 8 men who spent 5 to 24 years in prison. A tiered coding method was used to generate 6 interconnected themes that tell the story of these men's lives: …
Weed And Water Law: Regulating Legal Marijuana, 2015 Florida International University College of Law
Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa
Faculty Publications
Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close.
At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. …
A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, 2015 Florida International University College of Law
A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez
Faculty Publications
This article intends to explore the interplay between different dispute processing mechanisms and fora in the realm of transnational litigation, through the lens of the Chevron-Ecuador legal saga. My goal is to discuss the transformation of a transnational complex case and the challenges faced by the parties, their procedural strategies, and the perceived advantages of the different mechanisms. In this regard, I will also address the development of mechanisms for the protection of diffuse rights involving the environment; the role of the courts in supervising compliance with judicial remedies, their engagement in activities that go beyond their traditional role as …
Bridging The North-South Divide: International Environmental Law In The Anthropocene, 2015 Seattle University School of Law
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez
Faculty Articles
This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries. International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, 2015 University of Richmond
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson
Richmond Public Interest Law Review
This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …
Environmental Justice As Civil Rights, 2015 University of Richmond
Environmental Justice As Civil Rights, Wyatt G. Sassman
Richmond Journal of Law and the Public Interest
Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …
Tribal Strategies For Protecting And Preserving Groundwater, 2015 Mitchell Hamline School of Law
Tribal Strategies For Protecting And Preserving Groundwater, Stephen V. Quesenberry, Timothy C. Seward, Adam P. Bailey
William Mitchell Law Review
No abstract provided.
"Free The Land": A Call For Local Governments To Address Climate-Induced Food Insecurity In Environmental Justice Communities, 2015 Mitchell Hamline School of Law
"Free The Land": A Call For Local Governments To Address Climate-Induced Food Insecurity In Environmental Justice Communities, Liza Guerra Garcia
William Mitchell Law Review
No abstract provided.
Tribal Authority To Protect Water Resources And Reserved Rights Under Clean Water Act Section 401, 2015 Mitchell Hamline School of Law
Tribal Authority To Protect Water Resources And Reserved Rights Under Clean Water Act Section 401, Paula Goodman Maccabee
William Mitchell Law Review
No abstract provided.
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, 2015 American University Washington College of Law
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, Mary-Kaitlin E. Rigney
American University Law Review
Technological advancement in drilling techniques, primarily hydraulic fracturing, has provided access to previously unreachable natural gas reserves. Much of this increase in natural gas production is derived from the Marcellus Shale, a shale formation that spans Ohio, Pennsylvania, West Virginia, and New York. This surge in natural gas production has prompted natural gas pipeline companies to upgrade their pipeline networks. Pipeline companies must apply for certificates of public convenience and necessity from the Federal Energy Regulatory Commission (FERC) and, if approved, perform an environmental evaluation, as required by the National Environmental Policy Act (NEPA). In examining the environmental impacts of …