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Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala 2014 Boston College Law School

Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala

Boston College Environmental Affairs Law Review

Nuclear power is a relatively familiar method of generating electricity in the United States, but the process remains controversial because of high-level radioactive waste. Conventional nuclear reactors use uranium fuel to sustain nuclear fission, but eventually such fuel becomes spent and requires storage and disposal because of its dangerous radioactive properties. The United States produces a large amount of nuclear waste every year but has struggled to develop a long-term disposal strategy. America favors land-based disposal methods and is not giving serious consideration to alternative methods, including sub-seabed burial. This Note discusses preliminary research on sub-seabed burial of nuclear waste ...


Will Arkansas Game & Fish Commission V. United States Provide A Permanent Fix For Temporary Takings?, Brian T. Hodges 2014 Boston College Law School

Will Arkansas Game & Fish Commission V. United States Provide A Permanent Fix For Temporary Takings?, Brian T. Hodges

Boston College Environmental Affairs Law Review

The U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States recognized that any government action that interferes with the enjoyment and use of private property—whether permanent or temporary in duration—can give rise to a claim under the Takings Clause of the Fifth Amendment. Yet dicta in the decision left many pondering whether significantly different tests will apply depending on the duration of the government invasion. This Article reviews the state of the law regarding temporary physical takings both before and after Arkansas Game & Fish with particular regard to the test applicable to physical ...


Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell 2014 The University of Montana School of Law

Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell

Public Land and Resources Law Review

In Pyramid Lake Paiute Tribe of Indians v. Nevada, Dept. of Wildlife, the Court of Appeals for the Ninth Circuit upheld a Nevada federal district court decision to vacate the Nevada state engineer’s approval of the transfer of three water applications. While the appeals court recognized the state’s re-watering of wetlands as a “salutary” purpose, it could not allow the engineer’s decision to go forward because it did not meet the legal definition of “irrigation.” The Court made the decision pursuant to two federal court decrees, which resulted from prior actions by the United States to quiet ...


Public Lands Access Association V. Board Of County Commissioners Of Madison County, Graham Coppes 2014 The University of Montana School of Law

Public Lands Access Association V. Board Of County Commissioners Of Madison County, Graham Coppes

Public Land and Resources Law Review

On January 16, 2014, the Supreme Court of Montana reversed and remanded a district court decision that had foreclosed the public’s right to access the Ruby River. The Court held that the right of way was a public prescriptive easement, which extended beyond the road surface itself to include such area as necessary for the county to maintain the road in the interest of the public. Furthermore, the Court concluded that once a public right-of-way is established by prescriptive use, the scope of current and future use of such an easement is not limited to those historic adversarial practices ...


Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, ‎Oxford, Oxford University Press (Dec. 2013). ‎, Itzchak Kornfeld 2014 SelectedWorks

Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, ‎Oxford, Oxford University Press (Dec. 2013). ‎, Itzchak Kornfeld

Itzchak E. Kornfeld

This book review of an extremely timely, far-reaching and comprehensive book by Professor Laurence Boisson de Chazournes, titled Fresh Water in International Law, by an expert in the field. Today, in an era of climate change, wide spread droughts across the globe, the fate of fresh water, which is a fixed resource and is the source of life, is an ominous problem in and for international law. Boisson de Chazournes addresses issues related to treaty design and interpretation, case law, UN initiatives, human rights issues and the development of the human right to water. The author also stresses that today ...


Bostwick Properties Inc. V. Montana Department Natural Resources And Conservation, Carolyn A. Sime 2014 The University of Montana School of Law

Bostwick Properties Inc. V. Montana Department Natural Resources And Conservation, Carolyn A. Sime

Public Land and Resources Law Review

The Montana Supreme Court upheld the law requiring that applicants for new ground water permits in closed basins show no net surface depletion and that the new appropriation will not adversely affect senior water appropriators. Where the relationship between surface and ground water is uncertain or attenuated, applicants still bear the burden of proof, even if the proposed use constitutes only a de minimis quantity. Once again, the Court acknowledged the hydrologic connection between surface and ground water and the underlying legal framework which seeks to make water available for new appropriation and simultaneously protect the water rights of senior ...


The Pcs Nitrogen Case: A Chilling Effect On Prospective Contaminated Land Purchases, Kellie Fisher 2014 Boston College Law School

The Pcs Nitrogen Case: A Chilling Effect On Prospective Contaminated Land Purchases, Kellie Fisher

Boston College Environmental Affairs Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires that all potentially responsible parties, including current and former land owners, contribute to the costs of cleanup of contaminated property. CERCLA includes a provision that grants bona fide prospective purchaser (BFPP) status and exemption from liability to land owners if liability under CERCLA is based solely on owning the land. In PCS Nitrogen v. Ashley II of Charleston, the U.S. Court of Appeals for the Fourth Circuit refused to grant BFPP status to Ashley II and suggested that a high standard of due care is required to obtain such ...


A Dubious Exercise Of Case Consolidation: Center For Biological Diversity V. Bp America Production Co., Rebecca M. Mitchell 2014 Boston College Law School

A Dubious Exercise Of Case Consolidation: Center For Biological Diversity V. Bp America Production Co., Rebecca M. Mitchell

Boston College Environmental Affairs Law Review

The explosion of the Deepwater Horizon and the dispersal of millions of gallons of oil into the Gulf of Mexico in 2010 generated a mass of litigation. To organize and manage this complex mass, the U.S. District Court for the Eastern District of Louisiana created “pleading bundles,” which consolidated similar cases, and provided that each bundle must file a single complaint on behalf of the entire group. In Center for Biological Diversity v. BP America Production Co., the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of most of the Center for ...


Trouble In The Melting Arctic: The Epa’S Failure To Impose Air Pollution Control Measures, Christopher Warren 2014 Boston College Law School

Trouble In The Melting Arctic: The Epa’S Failure To Impose Air Pollution Control Measures, Christopher Warren

Boston College Environmental Affairs Law Review

In 2010, the EPA approved two permits for Shell to begin offshore exploratory drilling in the Arctic’s Chukchi and Beaufort Seas with the drillship Discoverer. REDOIL, a group representing the rights of the region’s indigenous peoples, contested the permits and argued that they violated the Clean Air Act by failing to require best available control technology (BACT) for emissions from the operation’s associated fleet of service vessels. In Resisting Environmental Destruction of Indigenous Lands (REDOIL) v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Ninth Circuit found that the Act is ambiguous ...


Arizona’S “Zombie” Uranium Mines: Lax Regulations Threaten Los Angeles Tap Water, David Iannella 2014 Boston College Law School

Arizona’S “Zombie” Uranium Mines: Lax Regulations Threaten Los Angeles Tap Water, David Iannella

Boston College Environmental Affairs Law Review

In Center for Biological Diversity v. Salazar, the U.S. Court of Appeals for the Ninth Circuit held that the Bureau of Land Management (BLM) was not required to approve a new plan of operations before allowing a uranium mine to resume production after nearly two decades of cessation. The court reasoned that the reopening of an abandoned mine did not constitute the requisite major federal action required to trigger an environmental analysis under the National Environmental Policy Act (NEPA). This Comment argues that although the Ninth Circuit correctly affirmed that the BLM complied with NEPA, the ruling exposes an ...


Toxic Solid Waste Leaching From Telephone Poles? Navigating Ambiguous Definitions In Rcra, Cadesby B. Cooper 2014 Boston College Law School

Toxic Solid Waste Leaching From Telephone Poles? Navigating Ambiguous Definitions In Rcra, Cadesby B. Cooper

Boston College Environmental Affairs Law Review

This Comment analyzes the U.S. Court of Appeals for the Ninth Circuit’s ruling in Ecological Rights Foundation v. Pacific Gas & Electric Co. The plaintiff alleged that two utility companies operated utility poles that discharged wood preservative in violation of the Clean Water Act and the Resource Conservation and Recovery Act (RCRA). The plaintiff’s RCRA claim depended on whether the wood preservative was a “solid waste” according to the Act. The Ninth Circuit dismissed the claims but acknowledged that RCRA has two definitions of solid waste, and the wood preservative was not a solid waste according to the ...


Plain Meaning Or Pragmatics? Differing Interpretations Of The Clean Water Act’S Jurisdictional Provisions, Natalia Cabrera 2014 Boston College Law School

Plain Meaning Or Pragmatics? Differing Interpretations Of The Clean Water Act’S Jurisdictional Provisions, Natalia Cabrera

Boston College Environmental Affairs Law Review

There is significant discord among circuit courts over whether a broad or narrow construction of the Clean Water Act’s jurisdictional provisions is appropriate in determining when circuit courts should have direct jurisdiction to review petitions challenging regulations. The broad interpretation of these provisions emphasizes the practicality of direct circuit court review of a wider range of regulations, whereas the narrow interpretation uses the plain language. In Friends of the Everglades v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Eleventh Circuit addressed this issue as applied to petitions for review of the “water transfer ...


C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt 2014 SelectedWorks

C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt

Victor B Flatt

After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide ...


Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas 2014 Western University

Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas

The International Indigenous Policy Journal

On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP). This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent.


Chapter 10: Our Citizen Briefing Points To The God Committee Staff, Zygmunt J.B. Plater 2014 Boston College Law School

Chapter 10: Our Citizen Briefing Points To The God Committee Staff, Zygmunt J.B. Plater

Snail Darter Documents

Notes compiled in preparation for Zygmunt Plater's testimony before the "God Committee" - the Endangered Species Committee of the U.S. Department of the Interior - on January 23, 1979.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Chapter 11: The Duncan-Baker Rider Amendmenton The 1980 Water Projects Appropriations Bill, Zygmunt J.B. Plater 2014 Boston College Law School

Chapter 11: The Duncan-Baker Rider Amendmenton The 1980 Water Projects Appropriations Bill, Zygmunt J.B. Plater

Snail Darter Documents

Text of the amendment offered by Congressman John Duncan, Sr. to the 1980 Water Appropriations Bill, which authorized the completion of the Tellico Dam and Reservoir project despite the Supreme Court's finding that the project was in violation of the Endangered Species Act.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Chapter 11: The First Defeat Of The Override Attempt—In The Senate Committee On Envt&Public Works, Zygmunt J.B. Plater 2014 Boston College Law School

Chapter 11: The First Defeat Of The Override Attempt—In The Senate Committee On Envt&Public Works, Zygmunt J.B. Plater

Snail Darter Documents

Text of the amendment offered by Congressman John Duncan, Sr. to the 1980 Water Appropriations Bill, which authorized the completion of the Tellico Dam and Reservoir project despite the Supreme Court's finding that the project was in violation of the Endangered Species Act.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Swimming Away From The Zone Of Reasonableness: Upper Blackstone And The Need For Numeric Water Quality Criteria, Colleen Maker 2014 Boston College Law School

Swimming Away From The Zone Of Reasonableness: Upper Blackstone And The Need For Numeric Water Quality Criteria, Colleen Maker

Boston College Environmental Affairs Law Review

In Upper Blackstone Water Pollution Abatement District v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the First Circuit upheld NPDES permit pollution limits for Massachusetts’s Blackstone River. The court deferred to the EPA’s permit limits under the Administrative Procedure Act’s arbitrary and capricious standard. Courts usually defer to an agency’s permit limits unless a court finds that the limits are outside a zone of reasonableness. States have an option of creating specific numeric water quality criteria for bodies of water within the state, vague narrative criteria, or both. This Comment argues ...


A Salmon Eye Lens On Climate Adaption, Paul S. Kibel 2014 Golden Gate University School of Law

A Salmon Eye Lens On Climate Adaption, Paul S. Kibel

Publications

This Article discusses the current gap in climate adaptation law and policy, emphasizing the potential role that the National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and California Environmental Quality Act (CEQA) could play in filling this gap. It focuses on the provisions in these laws that establish that agency planning and decision-making should be based on the best available science, and notes that the best available science now confirms that GHG emission-induced climate change is happening now and will continue to happen during this century. This Article posits that the most appropriate and effective way to factor expected ...


Takings And The Right To Fish And Float In Colorado, Aaron Pettis 2014 Maurer School of Law: Indiana University

Takings And The Right To Fish And Float In Colorado, Aaron Pettis

Indiana Law Journal

No abstract provided.


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