Digital Commons Network^™

Arroyo Seco (Torre) - Diseños, Glo No. 297, Apn 109, Apn 111, Monterey County, And Associated Historical Documents.

Individual Ranchos in Monterey and SLO Counties

Diseños -- Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hornbeck Rancho Detail Sheet (AKA Detail Sheet) – A summary sheet generated from a land patent database that details the history of a rancho, along with the various state and federal agency record numbers relating to the rancho.

Bancroft Notes – Document detailing information and …

Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan

ENV 434 Environmental Justice

While discussing the imagined world order, it is evident that the world is not perfect. Over the course of the centuries, the earth has been maimed by humans, whether it be during the agricultural age or throughout the process of industrialization into the modern era. Humans must realize that sooner, rather than later, we must address the environmental destruction we are causing. A specific case, with that such as hydraulic fracturing of shale, otherwise known as fracking, provides as an example of one of the environmental justice issues that is plaguing the earth. However, there are complications. In the consumer …

Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel

ENV 434 Environmental Justice

The research of the Lao government, its hydroelectric dams, and its responses to its project was done through an environmental justice lens. It is an interdisciplinary research that explores the political corruption, the role of media, and the environment in order to frame the Lao government and the reasoning behind their unjust activities.

Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha

Sustainability and Social Justice

Five years after the Fukushima accident, people and countries still argue about the opportunity costs of denuclearization. While nuclear power generation has safety and waste issues, it is carbon free. Climate change has created more pressure for greenhouse gas reduction, so a few countries have decided to maintain or even increase nuclear power generation. The United States ranks first for using nuclear power produced by electricity generation, while the Republic of Korea, the closest country in proximity to Japan, ranks fourth in countries that use nuclear power. In fact, Korea even rapidly increased nuclear business after the Fukushima accident. Despite …

Allied Paper Landfill, A Case Study Of Superfund, Kaitlin Braunschweig

Honors Theses

The Comprehensive Environmental Response, Compensation, and Liability Act (1980), more commonly known as Superfund, delegates the responsibility for cleanup of more than 1,300 hazardous waste sites to the federal Environmental Protection Agency (EPA). This thesis is designed as a case study to investigate the Superfund program through the lens of the Allied Paper Landfill portion of the Kalamazoo River Superfund Site. Through interviews with key stakeholders an evaluation was completed based on the following research questions: 1) are the current goals of Superfund appropriate, 2) is the funding mechanism sufficient to fulfill the goals of Superfund, and 3) is the …

Nepa And Uncertainty In Low-Risk, High-Impact Scenarios: Nuclear Energy As A Case Study, Irene Weintraub

Cardozo Law Review

No abstract provided.

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a reasonable …

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.

Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon

Fordham Urban Law Journal

No abstract provided.

Press Release: Civil Rights Trip Looks Back; Inspires Desire To Move Forward, College Communications

Reverend Charles Rice

News article detailing the 2016 "Religion and Civil Rights" annual class trip to historic sites in the American South, led by Reverend Charles Rice.

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

Table Of Contents

Richmond Journal of Law and the Public Interest

Prefatory Matter for the Richmond Journal of Law and the Public Interest Volume XIX No. 2.

The Federal Housing Administration (Fha) And Private Mortgage Insurance (Pmi): A Bibliography, David J. Reiss

Cornell Law Faculty Working Papers

This is an unannotated bibliography of writings through 2015 primarily about the Federal Housing Administration (FHA), but it also includes materials regarding the private mortgage insurance (PMI) industry. While it is comprehensive, it is not exhaustive, with a focus on work published by government agencies, economists, legal and policy scholars, private sector analysts and think tanks. The bibliography also includes other materials about the housing finance market in the early and mid-20th Century. These broader materials provide some context for the operations of the FHA and PMI.

This bibliography will be posted on Wikipedia so that others can make additions …

Table Of Contents

Richmond Public Interest Law Review

Prefatory Matter for the Richmond Journal of Law and the Public Interest Volume XIX No. 2.

Emerging Contaminants In Virginia, Peter L. Defur, Laura E. Williams, Sarah D. Sanford

William & Mary Environmental Law and Policy Review

This Article summarizes the rise of emerging contaminants in waterways in Virginia and nationwide, and how they affect ecological and human health. First, we review the scientific discovery of chemicals that alter hormone systems, reproductive and developmental processes and how these were discovered in waterways. We go on to explain the current state of emerging contaminant regulations, noting that few states have a clear understanding of what chemicals are discharged into surface waters. The Environmental Protection Agency (“EPA”) has no national effort in this area, despite congressional interest and action. Finally, we make recommendations for future emerging contaminant control and …

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO₂) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …

Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani

Elisabeth Haub School of Law Faculty Publications

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …

Beyond Control And Without Fault Or Negligence: Why Japan Should Be Excused From Meeting Its Kyoto Protocol Obligations, Regina Durr

UC Law Journal

The purpose of this Note is to show how force majeure can excuse Japan from its reduced CO2 emissions target due under the Kyoto Protocol. The Kyoto Protocol is the first and only binding international agreement to reduce CO2 emissions amongst industrialized and developing countries. This Note draws upon contract principles and data sources, including political news sources and environmental studies, to demonstrate how the elements of a force majeure event were met in the wake of the earthquake and tsunami of March 2011 that led to the Fukushima Daiichi Nuclear Power Plant disaster. Through showing how far-reaching simultaneous acts …

Looking Upstream: An Analysis Of Low Water Levels In Lake Powell And The Impacts On Water Supply, Hydropower, Recreation, And The Environment: A Companion Report To The Bathtub Ring, Michael Johnson, Lindsey Ratcliff, Rebecca Shively, Leanne Weiss, Yale University. School Of Forestry And Environmental Studies, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program

Books, Reports, and Studies

viii, 110 pages : color illustrations, color maps

Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

This study evaluated the impact of Executive Order (EO) 12898 to advance environmental justice. We conducted a review evaluating the frequency and effective use of EO 12898 since execution with particular focus following President Obama’s Plan EJ 2014. We found that both EO 12898 and Plan EJ 2104 had little, if any, impact on federal regulatory decision making. To the extent federal agencies discussed EO 12898, most did so in boilerplate rhetoric that satisfied compliance but was devoid of detailed thought or analysis. In the 21st year, with the exception of the Environmental Protection Agency, very little federal regulatory activity …

Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman

Publications and Research

Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the …

Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman

Publications and Research

While a great deal of public attention addresses the Halliburton loophole of the Energy Policy Act of 2005 and Bureau of Land Management efforts to regulate hydraulic fracturing on public lands, less attention has been paid to the National Park Service “9B Regulations,” which provide a national regulatory framework governing the exercise of nonfederal oil and gas rights in national parks. This article begins with a review of law pertaining to oil and gas drilling in national parks. The article examines the tension in striking a balance between environmental protection, conservation of national lands and achieving energy independence, including National …

A Tale Of Two Continents: Environmental Management-Based Regulation In The European Union And The United States, Rachel E. Deming

Faculty Scholarship

No abstract provided.

Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty

Michigan Telecommunications & Technology Law Review

Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …

Traditional Ecological Rulemaking, Anthony Moffa

Faculty Publications

This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …

Environmental Law: Time To Reboot, James Gustave Speth

Sabin Center for Climate Change Law

Presentation given by James Gustave Speth at the 2016 David Sive Memorial Lecture.

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 25, No. 1 (Fall 2016), Dale Margolin Cecka

Law Faculty Publications

What You Do and Do Not Learn in Law School: A Family Law Associate’s Perspective

Hiring and Supervising New Lawyers: A Family Law Partner’s Perspective

Chair’s Column

Law Faculty News and News and Events Around the Commonwealth

Call for Nomination: William R. Rakes Leadership in Education Award

2016-2017 Board of Governors

Property, Sovereignty, And Governable Spaces, Jacquelyn Amour Jampolsky

Minnesota Journal of Law & Inequality

No abstract provided.

Corporate Social Responsibility/Sustainability Reporting Among The Fortune Global 250: Greenwashing Or Green Supply Chain?, John K. Lewis

Faculty and Staff - Articles & Papers

The sustainability reporting efforts of MNCs who are members of the Fortune Global 250 (FG250) was investigated. The focus was on sustainability reporting by MNCs of supply chain impacts. The reporting of FG250 MNCs was examined to determine if greenwashing was occurring or whether MNCs had committed to operating a green supply chain. A mixed methodology was used consisting of quantitative analysis of twenty-five MNC CSR/sustainability reports which were randomly selected from the FG250 listing. Qualitative analysis using content analysis was also conducted on the reports. Both methodologies concentrated on the sustainability reporting of the selected MNCs in regard to …