Digital Commons Network^™

Oil And Gas Mineral Leasing And Development On The Outer Continental Shelf Of The United States, Anthony C. Marino, C. Jacob Gower

LSU Journal of Energy Law and Resources

No abstract provided.

Front Matter

University of Richmond Law Review

No abstract provided.

Law, Regulation, And Policy In The Arctic, Michael D. Farber, Klaus Keller

Penn State Symposium on the Arctic

Klaus Keller is a professor of geosciences at Penn State, with an adjunct appointment as a professor of engineering and public policy at Carnegie Mellon University. At Penn State, Keller directs the Center for Climate Risk Management (CLIMA) as well as the NSF-sponsored research network for Sustainable Climate Risk Management (SCRiM). Before joining Penn State, he worked as a research scientist and lecturer at Princeton University and as an engineer in Germany. Keller graduated from Princeton with a Ph.D. in civil and environmental engineering. He received master’s degrees from M.I.T. and Princeton as well as an engineer’s degree from …

Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo

Environmental and Earth Law Journal (EELJ)

There are over 9,000 Formerly Used Defense Sites in the United States. One of these sites, the Pine Castle Jeep Range, was located in what is now east Orlando. As a defense site during World War II, the area was intentionally bombarded with among other things, explosive and chemical bombs. Fifty years later, a population boom drew many to purchase their homes in the same area. This article examines the history of the Pine Castle Jeep Range and the issues resulting from subsequent increase in population. The author hopes this article will provide practical legal and technological advice for other …

Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas

Pace Environmental Law Review

Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors …

Ending The Tyranny Of The Status Quo: Building 21st Century Environmental Law, Scott Schang, Leslie Carothers, Jay Austin

Pace Environmental Law Review

Over the past few years, the Environmental Law Institute (ELI or the Institute) has worked to assess the notable successes and current challenges of United States environmental law to inform a new agenda for the twenty-first century. Founded in 1969, at the beginning of modern environmental law, the Institute has been both participant and analyst of an impressive record of major accomplishments in pollution reduction, greater protection of public health, and more intelligent conservation and management of natural resources, in both the public and the private sector. Like the majority of environmental lawyers and policy professionals examining today's challenges, we …

Reconceptualizing The Future Of Environmental Law: The Role Of Private Climate Governance, Michael P. Vandenbergh

Pace Environmental Law Review

The title of this Symposium, Reconceptualizing the Future of Environmental Law, accurately captures the challenge facing environmental law scholars and policymakers in 2015. The success of environmental law in the future will not arise from doubling down on the approaches developed over the last 50 years. Instead, it will arise from our willingness to learn from the past without being bound by the conceptual frameworks that dominated the early development of the field.

In particular, a successful future for environmental law is more likely to emerge if we acknowledge that the environmental problems, policy plasticity, and regulatory institutions that shaped …

Santa Clara Magazine, Volume 57 Number 1, Fall 2015, Santa Clara University

Santa Clara Magazine

24 - ART HAPPENING HERE Inside the Edward M. Dowd Art & Art History Building. Illustration by Harry Campbell. Words by Steven Boyd Saum.

28 - CALL HER A WORLD CHAMPION And call them America’s Team. Julie Johnston ’14 and the Women’s World Cup. By Ann Killion.

34 - A WILD GENEROSITY The energy and genius of Steve Nash ’96 on the court. By Brian Doyle.

37 - BELIEVE IN US An oral history of a 1993 NCAA playoff game that became an upset for the ages. By Jeff Gire and Harold Gutmann.

40 - CHANGE THE GAME Pope Francis …

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Koontz V. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development From The New Reach Of The Supreme Court's Exactions Jurisprudence?, Patrick F. Carroll

Pace Environmental Law Review

The United States Supreme Court has raised the legal standard for a municipality to use land use exactions for sustainable development. Land use exactions frequent local government affairs and occur when a government demands a dedication of land or money in exchange for a municipal approval, such as a permit. Koontz v. St. Johns River Water Management District found certain proposed government exactions for land use permits as “demands” on the applicant and required a “‘nexus' and ‘rough proportionality’ between the property that the government demands and the social costs of the applicant's proposal,” regardless of whether the exaction was …

Study On The Defects Of Legislation And Supervision On Ship Recycling In China : Based On The Hong Kong International Convention For The Safe And Environmentally Sound Recycling Of Ships, 2009, Xiaozhi Gai

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Four Years Of Environmental Impact Statements: A Review Of Agency Administration Of Nepa, Mary Anne Sullivan

Akron Law Review

This article will focus on the environmental impact statement process of NEPA functions. It will analyze some of the structural weaknesses of the process, some of the interests private parties are using it to protect and, finally, whether or not it is bringing us closer to a realization of the lofty goals the Act sets forth in Section 4331.

Managing Recreational Rivers, Ben A. Rich

Akron Law Review

This paper will discuss various approaches that have 'been or could be taken by government agencies in order to provide and protect rivers with recreational potential for use as public recreational facilities, in particular boating and canoeing, and consider them in the context of the state of Illinois, which has been faced with a tremendous increase in pressure for water based recreational facilities and anachronistic case and statute law of water and related land resources.

The fundamental issue in any situation involving use by the public of natural watercourses concerns the concept of navigability. Crucial and divergent sets of conclusions …

Good Samaritan Laws - The Legal Placebo: A Current Analysis, Eric A. Brandt

Akron Law Review

This article will attempt to clear up some of the confusion that exists regarding Good Samaritan laws. Much of the information and the format used herein, are based upon a fine article published in 1981 in the South Texas Law Journal by Frank B. Mapel, III, and Charles J. Weigel, entitled: Good Samaritan Laws - Who Needs Them?: The Current State of Good Samaritan Protection in the United States. The primary purpose of this paper is to provide an update of their listing and analysis of Good Samaritan statutes. The virtues of Good Samaritan laws and their probable placebo …

Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas

Akron Law Review

This article identifies another counterbalancing power that checks the legislative ability to restrict tort remedies through tort reform: the due process clauses of both state and federal constitutions. Pursuing this uncharted line of inquiry, this article argues that due process guarantees provide a restraint on the tort remedy stripping provisions that deny plaintiffs their fundamental right to a meaningful remedy...Pulling together the disparate strands of legal rules in existing case law, the article develops a cohesive theory of due process protection for the right to an adequate remedy. State court decisions invalidating tort reform remedy restrictions appear analytically scattered and …

Profiles - Ucan’S New Campus Construction Project, Chicago, Illinois, James Hagy, Sahar Nikanjam

Rooftops Project

Funding and constructing a new $41 million facility may be a once-in-a-generation, if ever, event, for many social service not-for-profits. Choosing a site that invests directly in the neighborhood and the people served can have ripple effects far beyond the central purpose of the delivery of services the buildings are designed to support. The Rooftops Project’s Sahar Nikanjam and Professor James Hagy walked the site of UCAN’s new campus construction under way in the Lawndale neighborhood of Chicago.

Screening Out Unwanted Calls: The Hypocrisy Of Standing "Doctrine", Mark S. Brodin

Nevada Law Journal

No abstract provided.

Environmental Law And The Collapse Of New Deal Constitutionalism, Arthur F. Mcevoy

Akron Law Review

This Article, which is a précis for a book in progress about the history of late twentieth-century U.S. environmental law, argues that our modern environmental law is peculiarly a creature of the New Deal. Despite its obvious legacy from common-law nuisance and Progressive regulation, what makes modern environmental law different from anything that came before is the way in which reformers built it out of parts copied from New Deal reform projects: cooperative federalism, the tax-and-spend power, representation-reinforcing, rights trumps, and so on. Environmental law’s history, its character, its accomplishments, and its shortcomings thus entwined with those of the New …

Replacing Sustainability, Robin Kundis Craig, Melinda Harm Benson

Akron Law Review

This Article argues that, from a policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in a world characterized by such extreme complexity, radical uncertainty, and discomfiting loss of stationarity. Instead, we need new policy directions and orientations that provide the necessary capacity to deal with these “wicked problems” in a meaningful and equitable way. The realities of current and emerging SES dynamics warrant a new set of tools and approaches to governance of those systems. Part II of this Article provides a brief history of sustainability and sustainable development, including corollary emphases on …

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.

Slides: Moffat Collection System Project, Travis Bray

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water

45 slides

Promoting Sustainable Development Through Environmental Law: Prospects For Saudi Arabia, Faisal K. Alturki

Dissertations & Theses

The Kingdom of Saudi Arabia enjoys a rich cultural and natural heritage and has an advanced state of socio- economic development. It also suffers from a wide range of growing environmental problems such as securing its potable water supply, coping with solid and liquid waste, ensuring clean air or protecting the marine environment. It is the objective of sustainable development to ensure that further development in the Kingdom does not damage the public health of the people or the natural environment. The policies underlying sustainable development have developed internationally over the past four decades and are well explained in Agenda …

Ecodistricts In San Francisco: The Implementation Of Neighborhood Regional Planning And Its Potential Effects On Environmental Resilience, Elizabeth M. Juvera

Master's Projects and Capstones

Ecodistricts, or neighborhood-scale, community-driven areas of sustainable development, have emerged internationally and within the U.S. to create models of adaptive environmental design and advanced urban infrastructure. Central SoMa is the first ecodistrict to be planned and implemented in San Francisco, with the intention of revitalizing and greening this urbanized region of the city. At this time, the Central SoMa area has very low biodiversity levels, inefficient infrastructure, and poor water management capabilities. Through the implementation of ecodistricts in San Francisco, the city can integrate physical and behavioral sustainability measures from existing ecodistricts such as permeable surfaces, green roofs, stormwater management, …

The Management And Stewardship Of A Cetacean Collection, Rebecca Vele

Seton Hall University Dissertations and Theses (ETDs)

Cetacean, by definition, is a marine mammal of the order Cetacea; a whale, dolphin or porpoise. In light of their social intellect and friendly appearance, cetaceans are used in institutions such as zoos and aquariums as a source of education and entertainment for the public. Before the Marine Mammal Protection Act of 1972, cetaceans were captured worldwide including in U.S. waters. In the United States today, there are over 224 zoos and aquariums accredited by the Association of Zoos and Aquariums. Out of those 224, 34 of these institutions display cetaceans.

Even though the Marine Mammal Protection Act “Prohibits, with …

The Panhandlers’ Dialogue: Are Restrictions On Panhandling Content-Neutral Under The First Amendment?, Jing Zhang

Seventh Circuit Review

One of the defining characteristics of the U.S. Constitution is its guarantee of certain enumerated rights, including the right to free speech. The First Amendment guards against governmental regulations that infringe on the right to free speech. In recent years, local governments across the nation have enacted local laws and ordinances that regulate or prohibit panhandling in certain areas. In Norton v. City of Springfield, the Seventh Circuit reviewed and upheld one such ordinance prohibiting panhandling in the downtown historic areas. The Springfield ordinance defined panhandling as an oral request for immediate donation of money. The downtown historic district …

An Introduction To Conservation Easements In The United States: A Simple Concept And A Complicated Mosaic Of Law, Nancy Mclaughlin, Federico Cheever

Utah Law Faculty Scholarship

The idea of a conservation easement – restrictions on the development and use of land designed to protect the land’s conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements.

The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by …

Va Coastlines (End Of 2014-2015 Term), Virginia Coastal Policy Center

Virginia Coastal Policy Center

No abstract provided.

Getches-Wilkinson Center Newsletter, Spring 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Water Law-Gged: The Muddy Relationship Between Water Law, The Environment, And Economic Development Introduction, Josh Eagle, Matthew W. Orville

South Carolina Law Review

No abstract provided.