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"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske 2018 College of William & Mary Law School

"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske

William & Mary Environmental Law and Policy Review

No abstract provided.


Reframing Humans (Homo Sapiens) In International Biodiversity Law To Frame Protections For Climate Refugees, Jullee Kim 2018 College of William & Mary Law School

Reframing Humans (Homo Sapiens) In International Biodiversity Law To Frame Protections For Climate Refugees, Jullee Kim

William & Mary Environmental Law and Policy Review

Currently, application of international environmental law assumes that humans are separate from nature. Yet, the terminology commonly adopted for persons displaced as a result of climate change, “climate refugees,” represents the ultimate expression of the nexus where impacts from both natural and human systems coalesce. “Climate” represents the physical conditions appearing as a result of climate change and altering a person’s home to render it no longer habitable. While suitability of the term “refugees” in the climate change context is debated, it represents the political and societal conditions forcing the person to flee from their home, potentially across national ...


The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen PhD 2018 College of William & Mary Law School

The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen Phd

William & Mary Environmental Law and Policy Review

No abstract provided.


Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler 2018 Alexander Blewett III School of Law at the University of Montana

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land and Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also ...


Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly 2018 Alexander Blewett III School of Law at the University of Montana

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land and Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.


"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee 2018 Boston College Law School

"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee

Boston College Law Review

In February 2016, in Alaska Oil & Gas Ass’n v. Jewell, the United States Court of Appeals for the Ninth Circuit upheld a decision by the U.S. Fish and Wildlife Service to designate 187,000 square miles in northern Alaska as critical polar bear habitat. The Ninth Circuit rejected the reasoning of the District Court for the District of Alaska which found that the FWS failed to meet the “standard of specificity” required by the Endangered Species Act in determining what geographical areas constituted critical habitat. Rather, the Ninth Circuit focused on the ESA’s broad statutory purposes of ...


Muddying The Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity In Waterkeeper Alliance V. Epa, Christopher Crocker 2018 Boston College Law School

Muddying The Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity In Waterkeeper Alliance V. Epa, Christopher Crocker

Boston College Law Review

Chevron deference is one of the most contentious and misunderstood doctrines in administrative law. Justice John Paul Stevens’ opinion in the watershed 1984 case Chevron, USA, Inc. v. Natural Resources Defense Council, Inc. established a two-step framework for courts to use in evaluating agency rule-making authority. That clear two-step process has undergone rewording and revision over the years that has resulted in a lack of doctrinal clarity. On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit decided Waterkeeper Alliance v. EPA, a challenge brought by environmentalists to an EPA rule that exempted farmers from ...


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith 2018 University of New Mexico - Main Campus

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

No abstract provided.


An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill 2018 UIdaho Law

An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill

Idaho Law Review

Pacific lamprey (Entosphenus tridentatus) is an anadromous species in an ancient lineage of jawless fishes. The species is native to the North Pacific and its marine-accessible freshwater rivers and streams. Pacific lamprey are understudied relative to other anadromous fishes and has severely declined in abundance throughout the Columbia River Basin. Indigenous people of the Snake and Columbia River Basins have long recognized the ecological role and value of lamprey through their spiritual and cultural practices connected to Pacific lamprey. The combined effects of poor passage at dams, historic and continued habitat degradation, and altered marine host conditions have contributed to ...


Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball 2018 UIdaho Law

Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball

Idaho Law Review

Policymakers who are eager to promote the development and adoption of environmentally sustainable technologies too often ignore certain important regulatory principles when crafting incentive programs. Some approaches to limiting and winding down sustainability incentive programs have proven to be inefficient and unjust. Too often, the winding down process only begins when lawmakers face unpredicted budgetary constraints. This article argues that state and federal lawmakers could better promote economic efficiency and equity in sustainability-oriented policy design by more consistently adhering to the principles of gradualism, adequate notice, and respect for investment-backed expectations. Using examples of deficiencies in certain net metering program ...


Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan 2018 UIdaho Law

Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan

Idaho Law Review

The Trail Smelter has a long and extensive history of pollution issues. The most recent claim against the Trail Smelter is the aerial deposition of hazardous waste theory. The Ninth Circuit has rejected attaching Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability to the Trail Smelter under the aerial deposition theory, but this holding cannot be accepted if the goal is to control pollution. Many issues arise with controlling transboundary pollution, including the enforcement of international agreements on the matter. In the absence of establishing an enforceable international treaty between the United States and Canada, CERCLA presents a viable ...


An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner 2018 UIdaho Law

An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner

Idaho Law Review

Canons of construction serve as a set of ground rules that judges rely on in interpreting statutes. Substantive canons of construction, in particular, are principles and presumptions that point judges in a specific policy direction in order to serve underlying public values. Many of these substantive canons share a common justification: judges have developed them to mitigate threats of irreversible harm to vulnerable and underrepresented interests and to incentivize clarity in the legislative process. This Article argues that environmental interests—the interests of present and future generations in maintaining ecological conditions that support life—merit similar protection. Therefore, judges should ...


Environmental Issues For The '90s: Golden-Cheeked Warblers And Yellowfin Tuna, Ernest E. Smith 2018 University of Maine School of Law

Environmental Issues For The '90s: Golden-Cheeked Warblers And Yellowfin Tuna, Ernest E. Smith

Maine Law Review

Environmental issues have transformed the areas of law that I have taught for the last thirty-one years. A decade ago environmental law went virtually unmentioned in courses in property, domestic oil and gas law, and international transactions. By 1995 environmental concerns had moved from the periphery to center stage in these legal fields. To someone who teaches and writes about these subjects, the clearest manifestation of this development has been that virtually every first-year property casebook, mining or oil and gas law casebook, and international business transactions casebook, written in the last five years now includes segments on environmental law ...


Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano 2018 College of William & Mary Law School

Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano

Virginia Coastal Policy Center

No abstract provided.


The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr. 2018 S.J. Quinney College of Law, University of Utah

The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.


Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker 2018 College of William & Mary Law School

Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker

Virginia Coastal Policy Center

No abstract provided.


Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer 2018 College of William & Mary Law School

Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer

Virginia Coastal Policy Center

No abstract provided.


Recharge Net Metering To Enhance Groundwater Sustainability, Michael Kiparsky, Andrew T. Fisher, W. Michael Hanemann, John Bowie, Rose Kantor, Chris Coburn, Brian Lockwood 2018 Berkeley Law

Recharge Net Metering To Enhance Groundwater Sustainability, Michael Kiparsky, Andrew T. Fisher, W. Michael Hanemann, John Bowie, Rose Kantor, Chris Coburn, Brian Lockwood

Center for Law, Energy & the Environment Publications

Groundwater sustainability depends on balancing aquifer inflows and outflows. Extraction (pumping of groundwater, typically for human use) and recharge (inflow of water to an aquifer from the land surface and streams) are central components of this water balance. Often, increasing demands for groundwater are exacerbated by stresses on limited surface water supplies. Changes in land use and shifting climate can result in less infiltration of precipitation into the ground, reducing recharge. Increasing water scarcity has led to increased pumping, and in turn, unsustainable management of groundwater in many basins, resulting in depleted supplies, degraded water quality, and other impacts. Conservation ...


California's Stream Flow Monitoring System Is Essential For Water Decision Making, Kathleen Miller, Nell Green Nylen, Holly Doremus, Andrew Fisher, Graham Fogg, Dave Owen, Samuel Sandoval Solis, Joshua Viers, Michael Kiparsky 2018 Berkeley Law

California's Stream Flow Monitoring System Is Essential For Water Decision Making, Kathleen Miller, Nell Green Nylen, Holly Doremus, Andrew Fisher, Graham Fogg, Dave Owen, Samuel Sandoval Solis, Joshua Viers, Michael Kiparsky

Center for Law, Energy & the Environment Publications

With California’s drought risk, flood risk, and demand for water all increasing, effective monitoring is more important than ever to water decision making. Stream gages monitor the most basic vital sign of California’s waterways—stream flow.1 Stream flow data support day-to-day decisions about how to manage water and operate water infrastructure. In turn, those decisions have important implications for flood control and the water supplies upon which residential, industrial, agricultural, and environmental water users depend. Stream flow information also provides technical insights into basin hydrology, and those insights aid long-term water planning. As pressures on the state ...


Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley 2018 University at Buffalo School of Law

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

Journal Articles

This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and land-use implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana ...


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