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Articles 61 - 90 of 225
Full-Text Articles in Law
Asian Carp, Chicago Canal Litigation, And The Great Lakes And Mississippi River Inter‐Basin Study, Katherine Storch, Nick Schroeck
Asian Carp, Chicago Canal Litigation, And The Great Lakes And Mississippi River Inter‐Basin Study, Katherine Storch, Nick Schroeck
Law Faculty Research Publications
Over the past century the Mississippi River and Great Lakes basins have been devastated economically and ecologically by the establishment of aquatic invasive species. In the Mississippi River basin, the most extensive damage has been attributed to the presence of large populations of Asian carp. These invasive species have developed large, self‐sustaining populations because of their ability to outcompete native fish for food and habitat, which in turn impacts the balance of the ecosystem. The term “Asian carp” collectively refers to multiple species, but for our purposes Big Head and Silver carps are of the greatest immediate concern because they …
Twelve Crucial Health, Safety, And Environmental Regulations: Will The Obama Administration Finish In Time?, Amy Sinden, Rena I. Steinzor, Matthew Shudtz, James Goodwin, Yee Huang, Lena Pons
Twelve Crucial Health, Safety, And Environmental Regulations: Will The Obama Administration Finish In Time?, Amy Sinden, Rena I. Steinzor, Matthew Shudtz, James Goodwin, Yee Huang, Lena Pons
Faculty Scholarship
When President Obama came to the White House and put his appointees in place, they faced a long to-do list. For the preceding eight years, the dominant view within the Executive Branch had been that health, safety, and environmental regulation was a nuisance to business, cutting into industry profits in service of objectives that had never been part of President George W. Bush’s agenda.
By the time Bush II left office on January 20, 2009, little had been done and a lot of important safeguards had been rolled back. Crucial rules mandated by Congress were delayed or derailed, and enforcement …
Environmental Law At Maryland, No. 31, Spring 2011
Environmental Law At Maryland, No. 31, Spring 2011
Environmental Law at Maryland
No abstract provided.
Formulating A Law Of Sustainable Energy: The Renewables Component, Hannah J. Wiseman, Lindsay Grisamer, E. Nichole Saunders
Formulating A Law Of Sustainable Energy: The Renewables Component, Hannah J. Wiseman, Lindsay Grisamer, E. Nichole Saunders
Scholarly Publications
No abstract provided.
Stop The Stop The Beach Plurality!, J. Peter Byrne
Stop The Stop The Beach Plurality!, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.
A Cost-Benefit Interpretation Of The "Substantially Similar" Hurdle In The Congressional Review Act: Can Osha Ever Utter The E-Word (Ergonomics) Again?, Adam M. Finkel, Jason W. Sullivan
A Cost-Benefit Interpretation Of The "Substantially Similar" Hurdle In The Congressional Review Act: Can Osha Ever Utter The E-Word (Ergonomics) Again?, Adam M. Finkel, Jason W. Sullivan
All Faculty Scholarship
The Congressional Review Act permits Congress to veto proposed regulations via a joint resolution, and prohibits an agency from reissuing a rule “in substantially the same form” as the vetoed rule. Some scholars—and officials within the agencies themselves—have understood the “substantially the same” standard to bar an agency from regulating in the same substantive area covered by a vetoed rule. Courts have not yet provided an authoritative interpretation of the standard.
This Article examines a spectrum of possible understandings of the standard, and relates them to the legislative history (of both the Congressional Review Act itself and the congressional veto …
Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon
Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.
Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena I. Steinzor
Congressional Testimony
Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….
Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher
Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher
Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)
Presenter: Will Fargher, National Water Commission, Australian Government
18 slides [4 have titles only and are missing images]
Slides: Environmental Water In Australia, Chris Arnott
Slides: Environmental Water In Australia, Chris Arnott
Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)
Presenter: Chris Arnott, Managing Director, Alluvium Consulting
30 slides
The End Of Paper Water: Natural Limits, Unlimited Demands And Reliable Supply: Proceedings Of The 2011 California Water Law Symposium, Paul S. Kibel
The End Of Paper Water: Natural Limits, Unlimited Demands And Reliable Supply: Proceedings Of The 2011 California Water Law Symposium, Paul S. Kibel
Environmental Law Symposia
No abstract provided.
Proceedings Of The 2011 California Water Law Symposium (Wls). The End Of Paper Water: Natural Limits, Unlimited Demands And Reliable Supply, Paul S. Kibel, Anthony Austin, Melosa Granda, Luthien L. Niland
Proceedings Of The 2011 California Water Law Symposium (Wls). The End Of Paper Water: Natural Limits, Unlimited Demands And Reliable Supply, Paul S. Kibel, Anthony Austin, Melosa Granda, Luthien L. Niland
CUEL - Center for Urban Environmental Law
Proceedings of the 2011 California Water Law Symposium held at Golden Gate University School of Law on January 22, 2011.
Encouraging Private Investment In Energy Efficiency, Sarah Schindler
Encouraging Private Investment In Energy Efficiency, Sarah Schindler
Sturm College of Law: Faculty Scholarship
Combating the negative effects of climate change requires finding ways to increase energy production while reducing energy demand. Many states have programs in place to encourage home and business owners to improve the energy efficiency of their buildings. Despite the clear financial and environmental benefits that result from energy efficiency upgrades, most people have not taken advantage of the programs being offered by their states. This paper begins by addressing the structure of federal and state energy efficiency programs, as well as the existing funding for those programs. It then describes key barriers that prevent energy efficiency programs from motivating …
The Aftermath Of The Exxon Valdez Oil Spill, Basil Borisov
The Aftermath Of The Exxon Valdez Oil Spill, Basil Borisov
Student Works
No abstract provided.
Solar Rights For Texas Property Owners, Sara Bronin
Solar Rights For Texas Property Owners, Sara Bronin
Faculty Articles and Papers
In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. Additionally, …
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Faculty Scholarship
No abstract provided.
Rethinking Oil Spill Compensation Schemes: The Causation Inquiry, Amy D. Paul
Rethinking Oil Spill Compensation Schemes: The Causation Inquiry, Amy D. Paul
Student Award Winning Papers
No abstract provided.
Should "Substitute" Private Attorneys General Enforce Public Environmental Actions? Balancing The Costs And Benefits Of The Contingency Fee Environmental Special Counsel Arrangement, Julie E. Steiner
Faculty Scholarship
There is developing phenomenon of quasi-privatized environmental enforcement occurring on behalf and in the name of governments by entrepreneurial attorneys who substitute in place of the public enforcers and derive professional payment from a contingent fee withdrawn from the public’s environmental damage award. This Article addresses the question of whether governments should permit private attorneys to handle these “substitute environmental special counsel” enforcement arrangements. In so doing, the Article weighs the arrangement’s costs and benefits from the standpoint of whether it maximizes the deterrence and restorative compensation goals of environmental enforcement.
Governments are often the only entities with standing to …
Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael E. Salcido
Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson
New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson
Faculty Scholarship
Congress established the reclamation program in 1902, and the hundreds of federal water projects built in the 20th century helped shape the West. Today, the Bureau of Reclamation plays an enormously important role in managing these projects. But with no big new dams to build, the Bureau has been forced to revise its mission to address todays water management challenges, such as stretching finite water supplies and restoring aquatic ecosystems. Through both site-specific enactments and programmatic statutes, Congress in recent years has given the Bureau new authority and direction to address these modern challenges. But Congress has left a significant …
The Due Diligence Process And Its Impact On The Deal: A Primer On Bayoneting The Wounded, Alex Ritchie, A. John Davis
The Due Diligence Process And Its Impact On The Deal: A Primer On Bayoneting The Wounded, Alex Ritchie, A. John Davis
Faculty Scholarship
In earlier times of more rationale schedules, reasonable billing rates, and less client scrutiny over bills and efficiency, an associate could learn due diligence with a partner looking over her shoulder, offering wisdom and encouragement. In the modern age of instantaneous information, excessive billing rates, and unrealistic expectations, transactional firms devote too little attention to due diligence processes and training. The stresses, tensions and risks associated with due diligence only multiply in the context of the big deal – the high-stakes, all-asset, equity and merger transactions. This article seeks to provide insight into the due diligence process, particularly the big …
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Journal Articles
The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation easements face the decision of either (1) changing conservation easement agreements to fit the landscape or (2) changing the landscape to fit the conservation easements. Both of these options present benefits and challenges in implementation. Where conservation easement holders’ ultimate goal is to keep a maximum number of acres under protection from …
The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist
The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist
Law Faculty Publications
Strict but arguably unfair and counterproductive systems of criminal environmental law and enforcement exist in both the United States and Brazll in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting, both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.
Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker
Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker
Sea Grant Law Fellow Publications
No abstract provided.
Instream Flow And The Public Trust: Statutory Innovation In California's 2009 Delta Reform Act, Paul S. Kibel
Instream Flow And The Public Trust: Statutory Innovation In California's 2009 Delta Reform Act, Paul S. Kibel
Publications
No abstract provided.
Environmental Benefits And The Notion Of Positive Environmental Justice, Colin Crawford
Environmental Benefits And The Notion Of Positive Environmental Justice, Colin Crawford
Publications
Following the introductory section, the Article is divided into three parts. The first portion of Part 1 will chart the relatively thin case made in the U.S. literature for what this Article labels "positive environmental justice." The second section in Part 1 then looks outside the United States and analyzes an important and relatively recent decision of the Colombian Constitutional Court. The Colombian decision, which affirmed the constitutional and other international and domestic law rights of native and Afro- Colombian peoples in that country to make decisions regarding the use and exploitation of the nation's abundant forests," provides a nuanced …
Center On Urban Environmental Law (Cuel) Brochure, Alan Ramo
Center On Urban Environmental Law (Cuel) Brochure, Alan Ramo
Environmental Law and Justice Clinic
No abstract provided.
2011 Annual Report - Clean Air Every Day, Bay Area Air Quality Management District
2011 Annual Report - Clean Air Every Day, Bay Area Air Quality Management District
California Agencies
No abstract provided.
Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle
Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle
Faculty Publications
No abstract provided.