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A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke 2015 Boston College Law School

A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke

Boston College Environmental Affairs Law Review

In Washington Environmental Council v. Bellon, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of Article III standing with respect to environmental organizations filing suit under the Clean Air Act. The organizations alleged that Washington state agencies were required to regulate the greenhouse gas emissions of five oil refineries, and that the agencies’ failure to do so caused particularized injuries to plaintiffs’ health and recreational enjoyment because of the impacts of those greenhouse gas emissions on climate change. Applying a three-pronged test requiring plaintiffs to establish injury in fact, causality, and redressability, the court determined ...


Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf 2015 Boston College Law School

Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf

Boston College Environmental Affairs Law Review

Horizontal severance deeds separate property rights above and below the surface. Sub-surface rights have typically belonged to mineral estate owners, whereas surface rights above have typically belonged to farmers. In West Virginia, courts have traditionally applied a common law trespass doctrine known as reasonable necessity to account for times when these bifurcated rights clash. The reasonable necessity doctrine in West Virginia has evolved over time as state courts have made it more rigorous by requiring that, in exercising their rights, sub-surface mineral estate owners not substantially burden the surface. The U.S. Court of Appeals for the Fourth Circuit’s ...


Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee 2015 Boston College Law School

Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee

Boston College Environmental Affairs Law Review

In 2007, the California state legislature enacted the Low-Carbon Fuel Standard, or LCFS, limiting carbon emissions from transport fuels throughout the fuels’ entire “lifecycle,” by assigning “carbon intensity” scores to each fuel product. These scores are calculated using a variety of measurements, including the amount of carbon emitted while producing the fuels and in transporting them to California. Out-of-state fuel suppliers challenged that the LCFS places an unconstitutional burden on interstate commerce because their products would inevitably have higher carbon intensity scores than their in-state counterparts, based merely on the distance traveled. The dispute reached the U.S. Court of ...


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth 2015 Boston College Law School

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

Boston College Law School Faculty Papers

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well ...


Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang 2015 Lewis & Clark Law School

Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang

Michael Blumm

Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one federal agency. We call this pluralistic approach to administrative decisionmaking “shared sovereignty.”

In this analysis, we compare implementation of the National Environmental Policy, the National Historic Preservation Act, the Endangered Species Act, the Clean Water Act, and the Federal Power Act. All of these statutes incorporate ...


Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes 2015 The Catholic University of America, Columbus School of Law

Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes

Catholic University Law Review

This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and provides an ...


Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers 2015 University of Colorado Boulder

Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers

Nicholas Clabbers

Mine closure is a pressing environmental problem. Done improperly, mine closure can leave behind

an ugly legacy of water and soil pollution from heavy metals and mining byproducts. Many scientific

studies that attempt to quantify and explain the impacts of mine closure, both the formal legal and

policy analysis, are sparse, especially with regards to proposed solutions. This article fills that gap – it

provides an overview of the legal barriers to clean mine closure, a survey of existing law, and a

thorough analysis of a possible framework for improved mine remediation. It advances practical

solutions and works through the steps ...


Foreword, Scott P. Stedjan 2015 Penn State Law

Foreword, Scott P. Stedjan

Penn State Journal of Law & International Affairs

No abstract provided.


Geopolitics Of Resource Scarcity, Kent Hughes Butts 2015 Penn State Law

Geopolitics Of Resource Scarcity, Kent Hughes Butts

Penn State Journal of Law & International Affairs

No abstract provided.


Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. McDonald 2015 Penn State Law

Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald

Penn State Journal of Law & International Affairs

Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.


From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare 2015 Penn State Law

From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare

Penn State Journal of Law & International Affairs

Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy ...


Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote 2015 Penn State Law

Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote

Penn State Journal of Law & International Affairs

Pennsylvania has struggled with rapid expansion in the state's unconventional oil and gas sector with the development of the Marcellus Shale formation. Likewise, Alberta, Canada has experienced similar growth. Yet Pennsylvania and Alberta's approaches to local land use and resource extraction differ considerably. This paper discusses each region's experience with oil and gas development, and contrasts their approaches to land use regulation in this context. The paper concludes that the Canadians' approach holds important lessons for Pennsylvania.


Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan 2015 Penn State Law

Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan

Penn State Journal of Law & International Affairs

Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of ...


Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity, 2015 Penn State Law

Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity

Penn State Journal of Law & International Affairs

No abstract provided.


How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee 2015 West Virginia University

How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee

Joshua P Fershee

Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas debate provides an example of “an age-old political problem that the law is called upon to solve: the conflict between an intensely held minority viewpoint and a less intense, contrary view held by the majority.” In resolving such conflicts, Spence suggests that courts should resolve such “conflicts in ways that encourage states and local governments to regulate in ways that weigh both the costs ...


A New Era For Energy In Mexico? The 2013-14 Energy Reform, Tim R. Samples 2015 University of Georgia

A New Era For Energy In Mexico? The 2013-14 Energy Reform, Tim R. Samples

Tim R Samples

The 2013-14 Energy Reform is arguably Mexico’s most significant structural change in the last fifty years. As the fiscal backbone of the Mexican state, the energy sector is critically important to Mexico’s future. But the outcome of the Energy Reform also has powerful implications for North America and global energy markets.

This article analyzes key legal issues in Mexico’s current Energy Reform, with a particular emphasis on newly established contracting frameworks for private investment. In doing so, this article considers Mexico’s approach within the greater context of natural resource development priorities around the world, which often ...


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 ...


Newsroom: Logan On Possibility Of Bp Settlement, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Logan On Possibility Of Bp Settlement, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Logan On Impact Of Bp Liability, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Logan On Impact Of Bp Liability, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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