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4612 full-text articles. Page 7 of 78.

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn 2017 Centre for Energy and Natural Resources Law, Deakin Law School, Australia

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is ...


Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans 2017 University of Illinois College of Agricultural, Consumer, and Environmental Sciences

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans

Pace Environmental Law Review

The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace 2017 University of Colorado Law School

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of ...


Bio-Prospecting In The Arctic: An Overview Of The Interaction Between The Rights Of Indigenous Peoples And Access And Benefit Sharing, Mar Campins Eritja 2017 University of Barcelona School of Law

Bio-Prospecting In The Arctic: An Overview Of The Interaction Between The Rights Of Indigenous Peoples And Access And Benefit Sharing, Mar Campins Eritja

Boston College Environmental Affairs Law Review

The exploration and exploitation of marine genetic resources for commercial purposes is growing at an unprecedented rate in the Arctic region. Currently, there is no explicit legal framework that governs the participation of Arctic indigenous peoples in this industry or requires that the benefits derived from the scientific use of marine genetic resources are shared with these groups. This Article analyzes to what extent the principles of free, prior, and informed consent and of fair and equitable benefit sharing are considered in relevant international instruments. The United Nations Convention on the Law of the Sea is not sufficient to frame ...


Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold 2017 Boston College Law School

Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold

Boston College Environmental Affairs Law Review

International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to kill thousands of whales each year with no effective opposition. The area in which this whaling occurs, however, falls outside the jurisdiction of any nation. Although the United Nations Security Council has the authority to act, the delicate nature of international diplomacy effectively ties its members ...


Battling The (Algae) Bloom: Watershed Policies And Plans In Wisconsin, Jamie Konopacky 2017 Harvard Law School

Battling The (Algae) Bloom: Watershed Policies And Plans In Wisconsin, Jamie Konopacky

Boston College Environmental Affairs Law Review

Algae blooms and unsafe nitrate levels caused primarily by nutrients in runoff from agricultural and urban areas plague waterbodies across the United States. The nutrient pollution problem can be effectively addressed through the development and implementation of appropriately scaled watershed plans. To encourage needed planning and implementation, the Environmental Protection Agency and states must utilize an improved watershed policy approach. For decades, such an approach has been stymied by a nebulous watershed concept and legal, political, and financial obstacles. This article provides an in-depth look at policies that provide the foundation and framework for watershed planning and implementation in Wisconsin ...


Sound And Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective To Promote Corporate Response To Climate Change, Eric J. Risley Jr. 2017 Boston College Law School

Sound And Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective To Promote Corporate Response To Climate Change, Eric J. Risley Jr.

Boston College Environmental Affairs Law Review

Climate change has already impacted the planet in a number of ways. Perhaps most apparent, however, is climate change’s effects on the frequency and intensity of storms, droughts, and other major geologic and weather-related events. Such catastrophic events have also lead to significant loses by individuals and businesses alike. In particular, many corporations in areas most vulnerable to these sorts of catastrophes must adjust their corporate strategies to account and to prepare for the possibility of significant losses of property or business resulting from the effects of climate change. Some corporate boards, however, might be reluctant to take every ...


Hfc Smuggling: Preventing The Illicit (And Lucrative) Sale Of Greenhouse Gases, Graham Donnelly Welch 2017 Boston College Law School

Hfc Smuggling: Preventing The Illicit (And Lucrative) Sale Of Greenhouse Gases, Graham Donnelly Welch

Boston College Environmental Affairs Law Review

The Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer is a pivotal development in global cooperation to stem climate change. Through incorporating hydrofluorocarbons into the Montreal Protocol, the international community will be able to combat the deleterious effects of a common, yet potent, chemical. Nonetheless, the United States and its fellow parties will likely have to combat an illicit trade in these banned substances in the immediate future. Through lessons learned from the original Montreal Protocol, the United States can effectively combat smuggling and ensure the Kigali Amendment’s success.


Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief, Alex Galliani 2017 Boston College Law School

Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief, Alex Galliani

Boston College Environmental Affairs Law Review

In Montana v. Crow Tribe of Indians, the United States Supreme Court declined to award the Crow Tribe of Indians disgorgement of coal taxes collected by Montana from a mining company with operations on the Tribe’s reservation. The Supreme Court justified its decision by distinguishing the 1939 Montana Supreme Court case Valley County v. Thomas, referencing the precedent set by Cotton Petroleum Corp. v. New Mexico, and noting that the Tribe lacked the necessary approval to tax from the Department of the Interior. This Comment argues that the Supreme Court should have granted the Tribe full disgorgement, partial disgorgement ...


Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus 2017 UC Berkeley School of Law

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Center for Law, Energy & the Environment Publications

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local ...


Recent Case Decisions, 2017 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Future Of Patent Troll Legislation And Its Effects On The Energy Industry, John David Weidman 2017 University of Oklahoma College of Law

The Future Of Patent Troll Legislation And Its Effects On The Energy Industry, John David Weidman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


A Review Of The Department Of Defense’S Energy Conservation Investment Program, Donald Cantrell 2017 University of Oklahoma College of Law

A Review Of The Department Of Defense’S Energy Conservation Investment Program, Donald Cantrell

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Mason W. Smith 2017 University of Oklahoma College of Law

Editor's Introduction, Mason W. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Won’T Get Fooled Again: Why Vw’S Emissions Deception Is Illegal In Europe And How To Improve The Eu’S Auto Regulatory System, Kevin Tarsa 2017 Boston College Law School

Won’T Get Fooled Again: Why Vw’S Emissions Deception Is Illegal In Europe And How To Improve The Eu’S Auto Regulatory System, Kevin Tarsa

Boston College International and Comparative Law Review

Replete with greed, hubris, and deceit, the Volkswagen emissions scandal is not your typical case of corporate wrongdoing. With a price tag of $20 million in the United States, it is already one of the most expensive corporate scandals in history and has caused significant damage to the environment, public health, and the global economy. Dieselgate has had a majorly disproportionate impact on Europe, where nearly nine million of the eleven million affected cars are located. The financial cost of the scandal, however, has been confined almost entirely to the United States, due to a European Union (EU) regulation that ...


Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman 2017 University of Oklahoma College of Law

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses ...


Visión Prospectiva Legal Sobre La Función Del Amicus Curiae En El Conflicto Del Atuel, Luis Gabriel Escobar Blanco 2017 Universidad Nacional de Cuyo UNCuyo - CE Prospectiva - Argentina

Visión Prospectiva Legal Sobre La Función Del Amicus Curiae En El Conflicto Del Atuel, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

El trabajo pretende partir de responder que y quienes son los amicus curiae, para establecer su utilidad para arrimar una visión prospectiva en el caso concreto del conflicto del Atuel, que lleva medio siglo XX y casi un quinto del siglo XXI y... nuevamente ante la Corte. Se destacan las herramientas poderosas que no tuvieron los Jueces en 1987, como el análisis económico del derecho y la prospectiva jurídica


Back To Its Roots: How §1983 Must Return To Its Origins To Provide A Remedy For The Inupiat Against Oil Drilling In Alaska's Arctic Circle, Julia Prochazka 2017 Northwestern University School of Law

Back To Its Roots: How §1983 Must Return To Its Origins To Provide A Remedy For The Inupiat Against Oil Drilling In Alaska's Arctic Circle, Julia Prochazka

Northwestern Journal of Law & Social Policy

As demand for oil and gas grows, companies are looking to the Chukchi Sea in Alaska as a potential source of oil and wealth. However, the land along the Chukchi Sea is also home to the Native Alaskan community of the Inupiat. Drilling comes in direct conflict with the way of the life of the Inupiat. Considering this conflict, this Comment explores the difficulty of a §1983 claim for the Inupiat. The failure of §1983 to provide a remedy for the Inupiat provides a frame through which to view how §1983 has deviated from its plain language and original purpose.


Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy 2017 Alexander Blewitt III School of Law at the University of Montana

Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy

Public Land and Resources Law Review

Trout Unlimited’s effort to overturn the EPA’s Water Transfers Rule was stifled by the Second Circuit. The court’s comprehensive Chevron analysis determined that while the NPDES Water Transfers Rule may be at odds with the Clean Water Act’s mission, it was based on a reasonable interpretation of the statute’s ambiguous language, and therefore it did not violate the Administrative Procedures Act.


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson 2017 University of New Mexico

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


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