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3,342 full-text articles. Page 1 of 48.

Sturgeon V. Frost: Alaska’S Wild Lands And Wild Laws Prove The Need For A Mistake-Of-Law Defense, Paul J. Larkin Jr., John-Michael Seibler 2016 Heritage Foundation

Sturgeon V. Frost: Alaska’S Wild Lands And Wild Laws Prove The Need For A Mistake-Of-Law Defense, Paul J. Larkin Jr., John-Michael Seibler

Washington and Lee Law Review Online

No abstract provided.


Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer 2016 Pace University School of Law

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO2) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and hazardous ...


Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson 2016 Pace University School of Law

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities ...


Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood 2016 Pacific Legal Foundation

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to ...


Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner 2016 University of Lapland

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate ...


Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus 2016 University of Oklahoma College of Law

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


A Model Form Title Opinion: Time For A Revisit?, Paul Yale 2016 Gray Reed & McGraw, P.C.

A Model Form Title Opinion: Time For A Revisit?, Paul Yale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


New Economics Of Oil, Spencer Dale 2016 British Petroleum

New Economics Of Oil, Spencer Dale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


2015 Eugene Kuntz Award Ceremony: Introductory Remarks, R. Clark Musser, Owen L. Anderson 2016 R. Clark Musser, P.C.

2015 Eugene Kuntz Award Ceremony: Introductory Remarks, R. Clark Musser, Owen L. Anderson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Daniel Franklin 2016 University of Oklahoma College of Law

Editor's Introduction, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia 2015 Alexander Blewett III School of Law at the University of Montana

Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia

Public Land and Resources Law Review

In Natural Resources Defense Council v. United States Environmental Protection Agency, the court was asked to review the EPA’s Vessel General Permit that set limits on the discharge of pollutants in a ship’s ballast water. Ballast water discharge has become one of the major contributors to the spread of invasive species, especially in the Great Lakes where short voyages allow organisms to easily survive in ballast water. The EPA’s lack of information was a problem of its own making because it prohibited the Science Advisory Board and National Academy of Sciences from adequately exploring available technology before ...


The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown 2015 Selected Works

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.


Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson 2015 Alexander Blewett III School of Law at the University of Montana

Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson

Public Land and Resources Law Review

In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.


Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts 2015 The Wharton School, University of Pennsylvania

Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts

Michigan Journal of Environmental & Administrative Law

Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a ...


The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith 2015 University of Michigan Law School

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith

Michigan Journal of Environmental & Administrative Law

In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in ...


Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone 2015 University of Delaware

Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone

Michigan Journal of Environmental & Administrative Law

The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each ...


The Fair Market Value Of Public Resources, Bruce R. Huber 2015 Notre Dame Law School

The Fair Market Value Of Public Resources, Bruce R. Huber

Journal Articles

This Article explores the problem of public resource sales with particular reference to natural resources managed by the federal government. Lands owned by the United States hold trillions of dollars' worth of natural resources. Federal agencies earn billions in annual revenue from resource sales, yet critics assert that billions more could be reaped if resources were sold for a fair price. Although federal law has increasingly required that agencies price resources at fair market value, this requirement is surprisingly difficult to interpret and even more dfficult to implement and enforce. This Article analyzes the various forces that bear on public ...


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt, Mark P Nevitt 2015

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt, Mark P Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein 2015 Texas A&M University School of Law

Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.


Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore 2015 University of Montana - Missoula

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land and Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.


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