Law Commons^™

Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee

Joshua P Fershee

Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic fracturing for shale gas. To limit local government restrictions on gas drilling, the Pennsylvania legislature passed Act 13 in September 2012, and the Act largely eliminated the ability of local governments to restrict oil and gas operations through zoning. The Pennsylvania Supreme Court overturned Act 13 in December 2013.

This Article reviews how Act 13 came to be, highlights the key provisions of …

Gandhi’S Nightmare: Bhopal And The Need For A Mindful Jurisprudence, Nehal A. Patel

Nehal A. Patel

No abstract provided.

An Economic Approach To Collective Rights And Their Means Of Supply: The Case Of Right To "The Enjoyment Of A Healthy Environment" And The Right To "Rational Management And Use Of Natural Resources" [En Español], Daniel A. Monroy

Daniel A Monroy C

This paper has two main objectives (i) Demonstrate that the defining characteristic of collective rights related to non-excludable of the benefits derived from the "means" of supply and the material "objects" of rights, is consistent with the microeconomic defining characteristic of so-called "public goods" and "commons " (together we call these as non-excludable resources). On the other hand, (ii) Demonstrate that when we analyze the collective rights as non-excludable resources this aims important omitted challenges by traditional legal doctrine related with the adequate supply of collective rights, this happens because the problems of the -Olsonian- logic of collective action. For …

If You Had A Fundamental Human Right To A Particular Environment, What Would That Look Like?, Carter Dillard

Carter Dillard

Many environmentalists believe that because the earth has in the last several decades become largely a human environment in which pure nature or wild places uninfluenced by humans no longer exist, people ought to abandon the idea of wilderness entirely and do the best they can in a world dominated by humans. That would be a mistake. The idea of nature and wilderness in particular, or of places and things in the world relatively uninfluenced by humans, actually provides the foundation on which to build the international human right to a particular environment that some environmentalists have been looking for. …

Protection Of Human Rights And The Environment: Links And Approaches, Abdulkadir Bolaji Abdulkadir

Abdulkadir Bolaji Abdulkadir

Environmental degradations have adverse consequences, both short-term and long-term on the efficacious enjoyment of environmental human rights. Though these consequences are the results of the errant use and abuse of the environment resources by the affluent people and rich states around the globe, and their engagement with such activities that are not environmentally friendly, the most susceptible and sufferers are less privileged and indigent population of the developing and least developed countries. The best example of it is the phenomenon of global warming and its impact on countries across the world. Global warming, which is causing adverse weather conditions as …

Promoting An All Of The Above Approach Or Pushing (Oil) Addiction And Abuse?: The Curious Role Of Energy Subsidies And Mandates In U.S. Energy Policy, Joshua P. Fershee

Joshua P Fershee

President Bush declared America “addicted to oil” in his fifth State of the Union address, uttering what is now a common refrain used to urge the development of alternative fuel sources. Before progress can be made to modernize the U.S. fuel mix, though, it is important to consider how and why the current fuel mix came to be. To do so, this article first considers whether the United States is, in fact, addicted to oil. The article looks to the medical definitions of addiction and analyzes the U.S. relationship with oil to assist in analyzing the potential effectiveness of U.S. …

Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The main objective of this paper is to examine the impact of the quest for industrialization on the environment in Nigeria; others include, the identification of the objectives of sustainable development as well as making recommendations that will lead to the much needed sustainable environment both for the present generation and generations yet unborn. The researcher relied principally on secondary sources of data for this paper which is theoretical in approach. Findings revealed the emergence of a host of environmental problems such as air pollution, deforestation, desertification, solid and hazardous waste problems in the wake of the quest for industrialization. …

The 2011 American State Litter Scorecard:New Rankings For An Increasingly Environmentally Concerned Population, Stephen [Steve] L. Spacek

Stephen [Steve] L Spacek

By popular demand--a NEW, up-to-date State Litter "Scorecard" is now released for the 2011 ASPA Baltimore event--measuring each state’s overall environmental quality through public property/spaces debris removal efforts. The “CARD” uses tried-and-true, hard-to-publicly obtain objective and subjective measures, leading to a total overall score for each measured jurisdiction. Readers can thus gain a realistic "picture" of "what's going on" within one or all of the 50 states. Littering/dumping remains harmful, serious American environmental crimes, creating dangers to public health and safety, and contributing to the deaths of over 800 Americans in debris-attributed motor vehicle accidents. The first, original 2008 Scorecard …

Moving Power Forward: Creating A Forward-Looking Energy Policy Based On A National Rps, Joshua P. Fershee

Joshua P Fershee

In Power Forward: The Argument for a National RPS, Professor Lincoln L. Davies provides a comprehensive and compelling argument for a national renewable portfolio standard (“RPS”). This Commentary Article reviews Professor Davies’ assumptions and conclusions and places his RPS analysis in context within the broader energy and environmental debate.

Beyond expanding renewable energy generation and shifting away from fossil fuels, RPS legislation is often motivated by additional goals: addressing climate change, improving national security, and promoting economic development. This Commentary Article argues that, if these loftier goals are to be achieved, a better articulation of RPS objectives is necessary. Furthermore, …

The Conflicting Concerns Of The Automatic Stay And Environmental Laws, Brett T. Bradford

Brett T. Bradford

This paper explores the conflict between the automatic stay in bankruptcy law and environmental laws regarding cleaning up pollution. It is shown that the two areas of law have fundamentally different purposes that work to disrupt the bankruptcy process. The purpose of the automatic stay is seriously disrupted by the government imposing clean up costs on the debtor while in bankruptcy. This paper shows the affects of the two conflicting areas of law and possible solutions to the problem.

Wildlife Rights, David Favre

David Favre

Abstract: This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties and the wildlife themselves. Finally, the article …

Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …

Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

A long-term framework to address climate change is within political reach. This article examines how greenhouse gas mitigation can occur across economic and political fault lines. Climate is a public good requiring the development of an energy strategy based upon international cooperation, energy efficiency, and sustainable technological development.

Awkward Evolution: Citizen Enforcement At The North American Environmental Commission, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.