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Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus 2021 William & Mary Law School

Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus

William & Mary Environmental Law and Policy Review

No abstract provided.


Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass 2021 William & Mary Law School

Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass

William & Mary Environmental Law and Policy Review

Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management ...


Repeal Of The Tulloch Rule: Is The Tide Of Wetland Regulation Receding?, J. Richard Cheeks 2021 University of Kentucky

Repeal Of The Tulloch Rule: Is The Tide Of Wetland Regulation Receding?, J. Richard Cheeks

Journal of Natural Resources & Environmental Law

No abstract provided.


Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell 2021 Alexander Blewett III School of Law at the University of Montana

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.


Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner 2021 Alexander Blewett III School of Law at the University of Montana

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


A Dark And Bloody Battle Ground: Wetland Preservation In Kentucky, Jane Marie Watts 2021 University of Kentucky

A Dark And Bloody Battle Ground: Wetland Preservation In Kentucky, Jane Marie Watts

Journal of Natural Resources & Environmental Law

No abstract provided.


States' Powerful New Shield To Guard Water Resources: Pud No. 1 Of Jefferson County V. Washington Department Of Ecology, W. Blaine Early III 2021 University of Kentucky

States' Powerful New Shield To Guard Water Resources: Pud No. 1 Of Jefferson County V. Washington Department Of Ecology, W. Blaine Early Iii

Journal of Natural Resources & Environmental Law

No abstract provided.


Kentucky's Efforts To Protect Its Groundwater: Uniqueness And Uniformity Among The States, Melanie S. Marrs 2021 University of Kentucky

Kentucky's Efforts To Protect Its Groundwater: Uniqueness And Uniformity Among The States, Melanie S. Marrs

Journal of Natural Resources & Environmental Law

No abstract provided.


Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth McKinney 2021 University of Kentucky

Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth Mckinney

Journal of Natural Resources & Environmental Law

No abstract provided.


The Shrinking Reach Of The Commerce Power: Is Wetland Jurisdiction In Danger?, Jonathan G. Hieneman 2021 University of Kentucky

The Shrinking Reach Of The Commerce Power: Is Wetland Jurisdiction In Danger?, Jonathan G. Hieneman

Journal of Natural Resources & Environmental Law

No abstract provided.


Federal Groundwater Regulation And Policy: Improvements Under The Horizon?, Allyn G. Turner 2021 Spilman, Thomas, & Battle

Federal Groundwater Regulation And Policy: Improvements Under The Horizon?, Allyn G. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.


The Storm Water Regulatory Scheme: Washing An Industry Down The Drain?, Kathy G. Beckett, Becky L. Jacobs 2021 Robinson & McElwee

The Storm Water Regulatory Scheme: Washing An Industry Down The Drain?, Kathy G. Beckett, Becky L. Jacobs

Journal of Natural Resources & Environmental Law

No abstract provided.


How The Energy And Water Development Appropriations Act Of 1993 Has. Impacted The Constitutional Dynamics Of Federal Wetlands Delineation And Regulation, James J. S. Johnson, William Lee Logan III 2021 LeTourneau University

How The Energy And Water Development Appropriations Act Of 1993 Has. Impacted The Constitutional Dynamics Of Federal Wetlands Delineation And Regulation, James J. S. Johnson, William Lee Logan Iii

Journal of Natural Resources & Environmental Law

No abstract provided.


Acid Mine Drainage: Common Law, Smcra, And The Clean Water Act, Caroline Henrich 2021 Eastern Associated Coal Corp.

Acid Mine Drainage: Common Law, Smcra, And The Clean Water Act, Caroline Henrich

Journal of Natural Resources & Environmental Law

No abstract provided.


Let Us Hope For Smart Fish: A Clean Water Act Practitioner's Search For Ratchet Down, W. Henry Graddy IV 2021 Reeves & Graddy

Let Us Hope For Smart Fish: A Clean Water Act Practitioner's Search For Ratchet Down, W. Henry Graddy Iv

Journal of Natural Resources & Environmental Law

No abstract provided.


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