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Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins 2018 University of San Diego

Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins

San Diego Journal of Climate & Energy Law

After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the ...


Swamp Money: The Opportunity And Uncertainty Of Investing In Wetland Mitigation Banking, Elan L. Spanjer 2018 Northwestern Pritzker School of Law

Swamp Money: The Opportunity And Uncertainty Of Investing In Wetland Mitigation Banking, Elan L. Spanjer

Northwestern University Law Review

In recent years, the wetland mitigation banking program has emerged as a favored mechanism for protecting the nation’s aquatic resources while allowing for economically beneficial development projects to proceed. Mitigation banks generate wetland credits, which in turn can be sold at a profit to developers who need them to offset wetland impacts. The number of mitigation banks has grown significantly in recent years, and the market has seen an influx of institutional investment. However, investors face significant risks and uncertainty, and many prospective investors lack access to information about wetland credit prices—which are neither reported to the regulatory ...


A Broader Vision For Climate Policy: Lessons From California, Alice Kaswan 2018 University of San Diego

A Broader Vision For Climate Policy: Lessons From California, Alice Kaswan

San Diego Journal of Climate & Energy Law

As the federal role in addressing climate change shrinks, state and local action is once again taking center stage. States are facing innumerable challenging policy questions about the best mechanisms for addressing climate and energy, and many are looking to California for inspiration. This article focuses on a particular and unique feature of California’s approach: the integration of social and environmental justice concerns into the state’s climate and energy policies. As decisionmakers grapple with the fundamental and existential shifts associated with a clean energy transition, California’s efforts to incorporate environmental justice—and the state’s broader social ...


The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple 2018 S.J. Quinney College of Law, University of Utah

The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple

Utah Law Faculty Scholarship

In the debate surrounding President Trump’s monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey of prior presidential reductions to determine whether—and if so to what extent—there is a pattern of presidential action sufficient to support the congressional acquiescence argument.


Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey 2018 Alexander Blewett III School of Law at the University of Montana

Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey

Public Land & Resources Law Review

The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.


Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson 2018 University of San Diego

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the ...


California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers 2018 Alexander Blewett III School of Law at the University of Montana

California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers

Public Land & Resources Law Review

In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.


California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. WerBell V 2018 Alexander Blewett III School of Law at the University of Montana

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.


Buffalo Field Campaign V. Zinke, Hallee C. Kansman 2018 Alexander Blewett III School of Law at the University of Montana

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.


Western Organization Of Resource Councils V. Zinke, Daniel Brister 2018 Alexander Blewett III School of Law at the University of Montana

Western Organization Of Resource Councils V. Zinke, Daniel Brister

Public Land & Resources Law Review

Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.


Making Sustainability Disclosure Sustainable, Jill E. Fisch 2018 University of Pennsylvania Law School

Making Sustainability Disclosure Sustainable, Jill E. Fisch

Faculty Scholarship at Penn Law

Sustainability is receiving increasing attention from issuers, investors and regulators. The desire to understand issuer sustainability practices and their relationship to economic performance has resulted in a proliferation of sustainability disclosure regimes and standards. The range of approaches to disclosure, however, limit the comparability and reliability of the information disclosed. The Securities & Exchange Commission (SEC) has solicited comment on whether to require expanded sustainability disclosures in issuer’s periodic financial reporting, and investors have communicated broad-based support for such expanded disclosures, but, to date, the SEC has not required general sustainability disclosure.

This Article argues that claims about the relationship ...


The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy 2018 Golden Gate University School of Law

The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy

GGU Law Review Blog

President Trump attempts to reduce the size of Bears Ears National Monument.


California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig 2018 S.J. Quinney College of Law, University of Utah

California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig

Utah Law Faculty Scholarship

Between 1900 and 2005, sea level along the extensive California coast rose seven inches (17.8 centimeters), and sea level rise there is still accelerating. Indeed, as the U.S. Global Change Research Program reported in 2014, the California coast faces a multitude of economic and ecological challenges as a result of climate change.Small wonder, then, that the State of California and several California communities—especially those in the San Francisco Bay area—have brought a series of lawsuits against some of the biggest sources of greenhouse gas (GHG) emissions, seeking both to slow the pace of climate change ...


Governor's Remarks, George Pataki 2018 Pace University

Governor's Remarks, George Pataki

Pace Law Review

Remarks by Gov. George Pataki on Law Day at Pace University School of Law, May 1, 1996.


Geoengineering: A Promising Weapon Oe An Unregulated Disaster In The Fight Against Climate Change?, J. Brent Marshall 2018 Florida State University College of Law

Geoengineering: A Promising Weapon Oe An Unregulated Disaster In The Fight Against Climate Change?, J. Brent Marshall

Florida State University Journal of Land Use and Environmental Law

"It seems almost preposterous to buck the trends of holistic systems management and suggest running like the Sorcerer's Apprentice from symptom to symptom. It may also seem as though driving less or cutting fewer trees is simpler than scattering dust particles in the stratosphere. It is certainly more elegant. But when the Damocles' sword of massive biotic disruption is hanging over our heads, we should choose what works."'1

1. Jay Michaelson, Geoengineering and Climate Management: From Marginality to Inevitability, in CLIMATE CHANGE GEOENGINEERING: PHILOSOPHICAL PERSPECTIVES, LEGAL ISSUES, AND GOVERNANCE FRAMEWORKS 81, 114 (Wil C.G. Burns & Andrew L ...


Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli 2018 Florida State University College of Law

Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Land Use Regulation And Good Intentions, Steven J. Eagle 2018 George Mason University Law School

Land Use Regulation And Good Intentions, Steven J. Eagle

Florida State University Journal of Land Use and Environmental Law

This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a political process prone to ad hoc deal making. Together, they result in regulation that is conceptually incoherent and continually provisional.

The Essay briefly reviews how land use philosophy has changed from early nuisance prevention, through Progressive Era comprehensive planning, to modern views of regulation as transactional. It examines our regulatory takings framework for delineating ...


Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia 2018 The Catholic University of America School of Law

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Nation's First Forester-In-Chief: The Overlooked Role Of Fdr And The Environment -- Review Of Douglas Brinkley's Rightful Heritage: Franklin D. Roosevelt And The Land Of America, Michael C. Blumm 2018 Lewis and Clark Law School

The Nation's First Forester-In-Chief: The Overlooked Role Of Fdr And The Environment -- Review Of Douglas Brinkley's Rightful Heritage: Franklin D. Roosevelt And The Land Of America, Michael C. Blumm

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett 2018 University of Notre Dame Law School

Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


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