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Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap 2015 University of Colorado Law School

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering 2015 Lewis & Clark Law School

Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering

Michael Blumm

For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature ...


A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino 2015 Florida State University College of Law

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...


Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera 2015 Boston College Law School

Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera

Boston College Environmental Affairs Law Review

Wetlands are vital to the health of the nation’s waterways. Even small, geographically isolated wetlands can perform important functions that benefit their surrounding ecosystem. Despite the important role of smaller wetlands, the federal Clean Water Act (CWA) protection of these areas is limited to those wetlands that satisfy legal tests limited by the Commerce Clause of the Constitution. The main test to establish jurisdiction—the “significant nexus” test—relies on a connection between a wetland and a navigable-in-fact waterway. Smaller wetlands, however, may not each have individual connections that are sufficient to satisfy the significant nexus test. When wetlands ...


Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas 2015 Boston College Law School

Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas

Boston College Environmental Affairs Law Review

For the hundreds of thousands of Americans who reside in poor, unincorporated settlements along the Texas-Mexico border called Colonias, a new source of hope has arisen from the unlikeliest of sources: fracking. Until recently, many Colonias were just shantytowns riddled with costly infrastructure problems that caused various environmental health concerns. Through fracking in South Texas’ Eagle Ford Shale, Colonias are now part of one of the greatest oil booms this country has ever seen. The Eagle Ford Shale’s economic output has generated billions in tax revenue across Texas and has transformed the value of the land that the Colonias ...


Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher 2015 Boston College Law School

Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher

Boston College Environmental Affairs Law Review

Although oil and gas companies continue to maintain that fracking is safe and there is no risk of injury, personal accounts from residents of areas with a fracking industry presence suggest otherwise. Oil and gas companies utilize a variety of mechanisms to ensure secrecy within the industry. Through gaps in federal regulation, the classification of fracking fluid as a trade secret, sealed settlements, and confidentiality orders imposed on people injured by fracking, access to information about the industry—including chemicals used and harm to residents—is minimal. This Note argues that the implementation of state sunshine laws is one possible ...


When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts 2015 University of Utah S.J. Quinney College of Law

When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts

Boston College Environmental Affairs Law Review

Although the U.S. Clean Water Act does not directly regulate nonpoint source water pollution, it does provide mechanisms that prompt states to address nonpoint source water quality problems within their borders. This prompt, however, merely raises the next question: when, or under what political conditions, will states actually do so? Although individual states within the United States provide many bases for comparison, this Article examines the issue of prompting nonpoint source regulation from an international comparative perspective, focusing on the nascent efforts of the Australian states of Victoria and Queensland to address nonpoint source pollution and the potential lessons ...


Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai 2015 SelectedWorks

Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai

Daniela E Lai

Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development ...


The Long-Term Tort: In Search Of A New Causation Framework For Natural Resource Damages, Sanne H. Knudsen 2015 Northwestern University School of Law

The Long-Term Tort: In Search Of A New Causation Framework For Natural Resource Damages, Sanne H. Knudsen

Northwestern University Law Review

No abstract provided.


Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon 2014 University of Georgia School of Law

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.


Shellfish Contamination: Reducing The Necessity For Scientific Evidence In Natural Resource Damages Under The Comprehensive Environmental Response, Compensation, And Liability Act, Matthew J. Koes 2014 University of Massachusetts School of Law

Shellfish Contamination: Reducing The Necessity For Scientific Evidence In Natural Resource Damages Under The Comprehensive Environmental Response, Compensation, And Liability Act, Matthew J. Koes

University of Massachusetts Law Review

It is indisputable that shellfish contamination creates a negative impact on the economy, poses a serious risk to human health, and has a harmful effect on the fragile coastal ecosystems. However, the litigation designed to redress the harmful effects of shellfish contamination produces uncounted difficulties. Although a general public policy of preventing pollution has led Congress to enact and revise CERCLA, the application of such a statute has proven to be uncertain due to the enormous amount of discretion given to the trial courts in deciding admissibility of scientific evidence and testimony of experts. A CERLA natural resource damage action ...


Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons 2014 Boston College

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Daniel Lyons

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the ...


Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons 2014 Boston College

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Boston College Law School Faculty Papers

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the ...


Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz 2014 College of William & Mary Law School

Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz

William & Mary Environmental Law and Policy Review

Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans ...


An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett 2014 Seattle University School of Law

An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett

Seattle University Law Review

The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation ...


Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet 2014 Seattle University School of Law

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change ...


Conceptualizing Climate Justice In Kivalina, Marissa Knodel 2014 Seattle University School of Law

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations ...


Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman 2014 Seattle University School of Law

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well ...


Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood 2014 Seattle University School of Law

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss ...


Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael LeVine, Peter Van Tuyn, Layla Hughes 2014 Seattle University School of Law

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what ...


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