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Testing The Waters: Expanding Chapter 9 Bankruptcy To Encourage Treatment Of Chemically Contaminated Drinking Water, Alexandra Zimmer

Emory Bankruptcy Developments Journal

Chemical contamination of drinking water supplies has become a significant issue across the globe with serious health and safety impacts. While the true extent of the impact is still being determined, costs associated with remediation efforts to clean up are astonishing. Municipalities, in particular cities, towns, and counties, suffer significant damages both through costs incurred directly for treatment of chemically contaminated drinking water supplies and through lost revenues resulting from municipal residents’ exposure.

This Comment argues Congress should expand municipal access to filing for bankruptcy under chapter 9 of the Bankruptcy Code to encourage local government efforts to clean up …

The Impacts Of Site Formation Processes On Excavation Methodology: The Study Of A World War Ii B-24 Crash Site In Munster, Germany, Alicia J. Lawson

Department of Anthropology: Theses and Student Research

Academic partnerships between universities and the Defense POW/MIA Accounting Agency (DPAA) are a recent development to provide top research universities resources to assist in recovering and identifying MIA service members since World War II. A University of Nebraska–Lincoln (UNL)/DPAA Partner excavation revisited a WWII B-24H crash site in Münster, Germany in the summer of 2022. B-24H [redacted] crashed into three agricultural fields on 23 March 1945. Utilizing quantitative and qualitative data collected on the incident-related and archaeological osseous remains and artifacts recovered from the fields and the fields’ land use history, this thesis focuses on analyzing the site formation processes …

Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt

Faculty Publications

The United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the …

Examining Uranium Mining In The Canyon Mine, Kasha Halbleib

Pace Environmental Law Review

In November 2020, Energy Fuels changed the name of one of its uranium mines from “Canyon Mine” to “Pinyon Plain Mine” in order to put distance between the mine and its historical controversies. However, changing the name does not change the potential harm the mine can cause. Canyon Mine sits fifteen miles from the rim of the Grand Canyon and is built on land sacred to the nearby Havasupai Tribe. The mine stands to not only destroy the health and well-being of the Havasupai people by contaminating their water supply with radioactive elements, but also to destroy the sacred ties …

تحليل جيومورفولوجي لمخاطر الانزلاقات الارضية على طريق خدران الجبلي شمالي العراق, أ.م.د.احمد فليح فياض علي اللهيبي

Midad AL-Adab Refereed Quarterly Journal

يتناول البحث تحليل جيومورفولوجي لعمليات الانزلاقات الارضية على طول طريق خدران الجبلي شمالي العراق، وتضمن البحث تحليل العوامل المسؤولة عن نشاط عمليات الانزلاق الارضي والتي شملت كل من الجيولوجيا والحركات التكتونية والانحدارات والمناخ والهيدرولوجيا والنبات الطبيعي ونشاطات الانسان، وقد تضافرت كل هذه العوامل في ايجاد الاضطرابات الانحدارية واضعاف مكونات السفوح وزيادة اجهادات القص وبالتالي حدوث الانزلاقات بشكل واضح اذ امكن تحديد ( ٣٥ ) انزلاقاً ارضياً مختلفة الانماط على طول جوانب طريق خدران موضوع الدراسة الذي يبلغ طوله ( ٤٣ كم)، مع سيادة الانزلاقات الدورانية والمستوية والهبوط والانزلاق الاسفيني. كما بينت نتائج تحليل الانزلاقات المحتملة، (FS) انخفاض قيمة معامل الامان …

Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio

The Year in Review

No abstract provided.

Who Decides Where The Renewables Should Go?: A Response To Danielle Stokes's Renewable Energy Federalism, Michael B. Gerrard

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Who Decides Where The Renewables Should Go?: A Response To Danielle Stokes’ Renewable Energy Federalism, Michael B. Gerrard

Faculty Scholarship

One of the central tasks in addressing the climate crisis is transitioning from an energy system based on fossil fuels to one that mainly uses renewable energy. In her article “Renewable Energy Federalism,” Professor Danielle Stokes has highlighted one of the key impediments to this transition — delays in state and local permitting of renewable energy facilities. She has proposed a new approach that would give more authority to the federal government. Stokes’ approach has much to commend it. However, I differ on some aspects.

I will begin by describing the magnitude of the problem — the amount …

Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson

West Virginia Law Review

No abstract provided.

Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This Article explores the reasons local governments find difficulty influencing pipeline-routing decisions. For example, federal law controls interstate natural gas pipeline permitting, which is complicated and inaccessible. State law, particularly in Ohio, heavily favors utilities, in part by preempting local efforts to make local decisions regarding oil and gas development. Finally, the information gaps are enormous between what local governments need to influence pipeline-routing decisions and what is accessible.

This Article addresses barriers to local influence by discussing the efforts of citizens and local governments to influence the routing of NexusSpectra's natural gas transmission pipeline, which was recently constructed and …

Home Rule And The Environment: Exploring How Municipalities Address Environmental Policy Gaps Including Farmland Solar Policy And Pipeline Routing, Heidi Robertson, Sarah Fox, Genevieve Byrne

West Virginia Law Review Events

No abstract provided.

Kim Hayes And Nancy Hayes, Appellants V. Intermountain Geoenvironmental Services, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE UTAH COURT OF APPEALS

Anna Nelson Morgan, Minnock, Rice & Miner, Attorneys for Respondent Cameron B. Diehl UTAH LEAGUE OF CITIES AND TOWNS Attorney for Amicus Curiae Gary R. Crane (5054) Steven L. Garside ( 4323) J. Mason Kjar (14227) LAYTON CITY ATTORNEY Attorney for Amicus Curiae Paul D. Dodd WEST JORDAN CITY Attorney for Amicus Curiae

DAMIAN C. SMITH TECHLA W VENTURES, PLLC 3290 W. MAYFLOWER WAYLEHI, UTAH 84043 Attorneys for Appellants

Kim Hayes And Nancy Hayes, Appellants V. Intermountain Geoenvironmental Services, Inc. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Utah Court of Appeals

Damian C. Smith TechLaw Ventures, PLLC Lehi, Utah 84043 Attorney for Petitioner

Anna Nelson Morgan, Minnock, Rice & Miner, Attorneys for Respondent Cameron B. Diehl UTAH LEAGUE OF CITIES AND TOWNS Attorney for Amicus Curiae Gary R. Crane (5054) Steven L. Garside ( 4323) J. Mason Kjar (14227) LAYTON CITY ATTORNEY Attorney for Amicus Curiae Paul D. Dodd WEST JORDAN CITY Attorney for Amicus Curiae

Chapter 7: Wild Places And Irreplaceable Resources: Protecting Wilderness And National Monuments, John C. Ruple

Wallace Stegner Center for Land, Resources, and the Environment publications

This chapter is really two chapters in one in that it discusses wilderness, both as an idea that has had an evolving meaning, and as a legal construct. This chapter also discusses national monuments on our public lands, another legal construct that has been used to protect a wide range of resources, including wilderness character. To be sure, these areas overlap, but that overlap is far from complete, and the objectives underpinning these two designations, while complimentary, are not identical.

From 'Wonderful Grandeur' To 'Awful Things': What The Antiquitiesact And National Monuments Reveal About The Statue Statutes And Confederate Monuments, Zachary A. Bray

Law Faculty Scholarly Articles

It may be easy, at least for some people who do not live near Confederate monuments in public spaces, to assume that these monuments represent little more than links to a shameful and long-ago past. From this assumption one might then view these monuments as a sort of last stand; the atavistic echo of a country that was, but is no longer, cemented into the present by their monumental form though ultimately doomed to erode in the undefined future. But, unpleasant though it may be to consider or admit, the truth is that many remaining Confederate monuments embody aspects of …

From 'Wonderful Grandeur' To 'Awful Things': What The Antiquities Act And National Monuments Reveal About The Statue Statutes And Confederate Monuments, Zachary Bray

Kentucky Law Journal

No abstract provided.

2001 - Hydrogeologic Investigation Of Salinas Valley Basin In The Vicinity Of Fort Ord And Marina Salinas Valley, California - Final Report

Monterey County Water Resources Agency Engineering Reports

This report evaluated the then current state or potential for seawater intrusion in the city of Marina and the former Fort Order area. Groundwater from this area primarily supplied drinking water wells as opposed to agricultural wells. Aquifers evaluated in this study area include the perched zone or A-aquifer, the Pressure 180-Foot Aquifer (180-Foot Aquifer), the Pressure 400-Foot Aquifer ( 400-Foot Aquifer), the Deep Aquifer, and aquifers within the Purisima and Santa Margarita Formations. The I80-Foot and 400-Foot Aquifers are the focus of this study because both aquifers outcrop along the canyon walls of Monterey Bay where they interface with …

When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs

William & Mary Environmental Law and Policy Review

It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …

The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple

Utah Law Faculty Scholarship

In the debate surrounding President Trump’s monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey of prior presidential reductions to determine whether—and if so to what extent—there is a pattern of presidential action sufficient to support the congressional acquiescence argument.

Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins

San Diego Journal of Climate & Energy Law

After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the …

From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation, Joseph R. Dancy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Choose Your Laws Carefully: Executive Authority To Unilaterally Withdraw The United States Outer Continental Shelf From Leasing Disposition, Payton A. Wells

Duke Law Journal

Congress enacted the Outer Continental Shelf Lands Act (OCSLA) to both exert federal jurisdiction over the submerged lands of the U.S. Outer Continental Shelf and establish the legal framework for America’s offshore energy production regime. Section 12(a) of OCSLA is a short yet potent provision that grants a president the authority to withdraw unleased offshore lands from leasing disposition, effectively banning any form of energy exploration or production. In recent decades, presidents have embraced section 12(a) not only to ban offshore energy production, but also to protect the marine environment itself. Presidents have also utilized a different federal law, the …

Whose Lands? Which Public? The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah S. Purdy

Faculty Scholarship

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …

Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah Britton-Purdy

Faculty Scholarship

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …

The Nature Of Extreme Natural Risks In The Natural Environment, Denis Binder

Washington Journal of Environmental Law & Policy

This paper suggests a paradigm change to recognize the uncontrollable risks of extreme natural hazards. All areas of the country face extreme geological and meteorological risks. This paper discusses the historic American approach to the natural environment, the underlying nature of extreme natural hazards in Washington State, California, and the New Orleans-Mississippi River, and proposals to address these hazards. It also lays out two historic limitations on action: the Fifth Amendment and human nature.

Presidents Lack The Authority To Abolish Or Diminish National Monuments, Mark Squillace, Eric Biber, Nicholas S. Bryner, Sean B. Hecht

Publications

By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of these monuments, including such iconic places as the Grand Canyon, Zion, Olympic, and Acadia, have been expanded and redesignated by Congress as national parks. While the designation of national monuments is often celebrated, it has on occasion sparked local opposition, and led to calls for a President to abolish or shrink a national monument that was proclaimed by a predecessor. This article examines the Antiquities …

2016 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.

2016 National Environmental Law Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.

Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels

Georgia Journal of International & Comparative Law

No abstract provided.

The Privatization Of Antarctica, Leonid A. Krasnozhon, Pedro A. Benitez, Walter E. Block

Washington and Lee Journal of Energy, Climate, and the Environment

The seventh continent, Antarctica, is a no man’s land in terms of economic development. This is not due to its harsh weather conditions. Parts of Alaska, Canada and Russia are almost equally inhospitable. Rather, this Article argues that Antarctica’s economic isolation is the result of political paralysis and a lack of appreciation for private property rights. This Article makes the case for adding Antarctica to the family of nations, whether as one or several countries.