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"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler 2014 SelectedWorks

"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler

David D. Butler

Much of what any given generation thinks of as "natural," is, in fact, the result of a prevoious generation's civil engineering projects. Medieval French peasants used to say that mythical giants built the Roman acquiducts of Southern France, because the notion that mere humans could have constructed such systems was simply beyond their post Black-Death conception.


Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann 2014 University of Maryland Francis King Carey School of Law

Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.


Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos 2014 Golden Gate University School of Law

Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos

Golden Gate University Environmental Law Journal

Over the last ten years, two separate water management planning efforts in California—integrated regional water management and climate change planning—have come together in a way that provides similar lessons to help different interests find common ground for water management solutions. This planning synthesis has resulted in a significant change in the way California now addresses issues of water management.

After a brief background discussion (Part II), Part III of this Article examines the history of the merger of these two initiatives. Part IV explores an approach for water management based on the experience gained from this history. This ...


Facts Can Be Stubborn: The Importance Of The Fact Section In Environmental Law, L.A. County Flood Control Dist. V. Natural Res. Def. Council, 133 S. Ct. 710 (2013), Aaron Schaer 2014 SelectedWorks

Facts Can Be Stubborn: The Importance Of The Fact Section In Environmental Law, L.A. County Flood Control Dist. V. Natural Res. Def. Council, 133 S. Ct. 710 (2013), Aaron Schaer

Aaron Schaer

L.A. County is a perfect example of a difficulty that underlies many environmental cases. The facts are often incredibly complex, and based on science that even the PhDs among us struggle to comprehend. And if this were not enough, the environmental laws that these facts are siphoned through are no walk in the park themselves. Quite the opposite, as should be expected from political compromises over intricate, ever-evolving science.

Environmental laws are rife with jargon and compound terms that are best left to acronyms like NAAQS and NPDES. This itself has become food for fodder, as these laws have ...


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 ...


Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele 2014 Boston College Law School

Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele

Boston College Law Review

This Note examines the current test for establishing admiralty jurisdiction for in personam tort suits and the lower courts’ recent departure from this test. Some lower courts have started to inappropriately read a vessel requirement into the test. This requirement causes a host of problems, including upsetting the spirit of the Extension of Admiralty Jurisdiction Act of 1948, forcing judges to decide issues of fact at the outset of litigation, and inadequately upholding admiralty jurisdiction’s purpose of protecting maritime commerce. The best solution to this problem would be for Congress to pass a new admiralty jurisdiction statute that incorporates ...


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.


Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter 2014 College of William & Mary Law School

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that ...


Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam 2014 College of William & Mary Law School

Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam

William & Mary Environmental Law and Policy Review

This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive ...


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein 2014 Pepperdine University

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Pepperdine Law Review

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and ...


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 ...


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