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The Application Of Civil Liability For The Risks Of Offshore Methane Hydrates, Roy A. Partain 2014 SelectedWorks

The Application Of Civil Liability For The Risks Of Offshore Methane Hydrates, Roy A. Partain

Roy A Partain

Methane hydrates are a critical new energy alternative. Their commercial extraction would offer substantial green energy alternatives but would also potentially create novel environmental and civil hazards. The article evaluates various rules of civil liability to find the most effective rule to address those environmental and civil risks from the soon-to-begin commercial development of offshore methane hydrates.

Methane hydrates have only recently become technologically feasible to extract; Japan achieved the first successfully sustained offshore extraction of methane hydrates in 2013. Their reserves are estimated to dwarf the combined reserves of traditional crude oil and natural gas deposits by a factor ...


Congress Intended For Drake's Estero To Become A Wilderness Area, Catherine L. Rucker 2014 SelectedWorks

Congress Intended For Drake's Estero To Become A Wilderness Area, Catherine L. Rucker

Catherine L Rucker

In November 2012, the Secretary of the Department of the Interior decided to remove a commercial oyster operation from the Drake's Estero Potential Wilderness Area within the Point Reyes National Seashore. The oyster operation had been in place for several decades, and it had been operating under a 40-year permit that the Secretary had provided in 1972.

In 1964, Congress passed "The Wilderness Act." This Act defined what "wilderness" means, and it created the process for the Secretary to perform an environmental review and for Congress to then designate "wilderness areas" within National Park Service units. In 1976, Congress ...


Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki 2014 Pace University

Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki

Pace Environmental Law Review

This Comment analyzes the likelihood of whether BPI’s case against ABC News will be decided on the merits, whether South Dakota’s agricultural disparagement statute will be upheld as constitutional, and thus the likelihood that other states’ statutes will be struck down, thereby preserving the public’s freedom to question and criticize the safety of our food system. First, Part I offers a brief introduction to agricultural disparagement laws, their historical application, and BPI’s pending lawsuit. Next, Part II reviews the context of the enactment of agricultural disparagement laws, summarizes the common elements of these laws, and discusses ...


Innovations In Energy And Climate Policy: Lessons From Vermont, Benjamin K. Sovacool, Alex Gilbert, Brian Thomson 2014 Pace University

Innovations In Energy And Climate Policy: Lessons From Vermont, Benjamin K. Sovacool, Alex Gilbert, Brian Thomson

Pace Environmental Law Review

We ask in this article: how can planners and policymakers replicate Vermont’s energy and climate policies? We begin by explaining the research methods utilized for this article—mainly research interviews with a pool of experts, coupled with a targeted literature review. We then analyze the success of Vermont energy policy across four areas: energy efficiency, renewable energy, the smart grid, and energy governance. The following sections first explain how Vermont accomplished these successes, next identify a number of remaining barriers and elements of Vermont’s approach that may not be replicable, and finally present the article’s conclusions.


Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann 2014 Pace University

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.


Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett 2014 Pace University

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal ...


Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano de Almeida Silva 2014 Pace University

Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano De Almeida Silva

Pace Environmental Law Review

This paper examines the strategies utilized on each continent and shows the path made for these scholars to build a framework to discuss animal law within law schools. The conclusion is that this movement produced by such scholars has changed the way law schools are teaching law and is affording new opportunities to solve animal concerns, and likewise, social problems in Brazil and around the world.

Therefore, this article first discusses the philosophical Brazilian background to teach animal law, and how the animal rights movement creates a framework for professors and students working in this field. It then summarily explores ...


Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ 2014 Pace University

Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ

Pace Environmental Law Review

CAFOs present numerous interconnected ethical, environmental, and public health threats, and this article will discuss opportunities to address the multiple adverse impacts of factory farming through advances in pollution tracking methodologies. The first section will introduce the factory farm issue, and the relationship between its environmental and welfare consequences. We then review approaches to establishing liability for surface and groundwater contamination under existing pollution control laws and describe the unique challenges of using these approaches in the context of CAFO pollution. We then discuss techniques that have been used to more precisely identify sources of pollution, including measurements of a ...


Cultural Solipsism, Cultural Lenses, Universal Principles, And Animal Advocacy, Thomas G. Kelch 2014 Pace University

Cultural Solipsism, Cultural Lenses, Universal Principles, And Animal Advocacy, Thomas G. Kelch

Pace Environmental Law Review

Given the potpourri of human cultures and the need to take a global view of animal rights advocacy, how can animal rights advocates most efficiently and successfully advocate for animals? This article will address this issue.

First, I will describe and analyze views of the human/animal relationship from five example cultural traditions: Western culture, represented generally by Europe and North America, Indian culture, Chinese culture, South African culture, and Islamic culture, exemplified primarily here by Turkey. It is not asserted here that any of these cultures or countries are homogenous; they are not. Although Western culture is primarily constructed ...


Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre 2014 SelectedWorks

Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre

Jorge A Mestre

No abstract provided.


Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh 2014 SelectedWorks

Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh

Kevin M Walsh

The renewable energy field is currently stifled because many renewable energy developments require tax equity investors to provide additional funds to get the project off the ground and running. The Code provides tax credits to incentivize investors to invest. Currently, the Investment Tax Credit (“ITC”) is the only available credit left for renewable projects placed in service from 2014 on. Tax credits are a step in the right direction to encourage renewable investment; however, the credits are limited in application mostly to large financial institutions. Moreover, investments into one specific renewable energy project can be risky because there is no ...


Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup 2014 NELLCO

Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup

New York University Law and Economics Working Papers

We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...


Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup 2014 NELLCO

Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup

New York University Public Law and Legal Theory Working Papers

We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...


Water In The 21st Century, Grayson Michael Shor 2014 California Polytechnic State University

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.


Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power 2014 University of Maryland Francis King Carey School of Law

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property ...


Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes 2014 SelectedWorks

Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes

Levi L Wilkes

No abstract provided.


When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs 2014 University of Maryland Francis King Carey School of Law

When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs

Endnotes

No abstract provided.


Aboriginal Peoples And Legal Challenges To Canadian Climate Change Policy, Andrew Stobo Sniderman, Adam Shedletzky 2014 Western University

Aboriginal Peoples And Legal Challenges To Canadian Climate Change Policy, Andrew Stobo Sniderman, Adam Shedletzky

Western Journal of Legal Studies

This article explores two litigation strategies for challenging Canadian climate change policy, both of which involve constitutional rights and Aboriginal peoples. First, the authors argue that Canada’s climate change policies can be challenged as infringements of the section 7 Charter right to security of the person of Canada’s most northerly Aboriginal peoples. Second, they argue that the impact of insufficient carbon emissions regulation on Aboriginal peoples may violate section 35 of the Constitution Act, 1982, which affirms the rights of Canadian Aboriginal peoples. Although the proposed litigation strategies face a number of challenges, the issues are justiciable. Furthermore ...


Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach 2014 College of William & Mary Law School

Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach

William & Mary Environmental Law and Policy Review

No abstract provided.


Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle 2014 University of Maryland Francis King Carey School of Law

Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle

Endnotes

No abstract provided.


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