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- Lectures and Presentations (3)
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- Elisabeth Haub School of Law Faculty Publications (1)
- Eric Biber (1)
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- Georgia Journal of International & Comparative Law (1)
- Graduate Student Theses, Dissertations, & Professional Papers (1)
- John Copeland Nagle (1)
- Law Faculty Articles and Essays (1)
- Librarian Scholarship at Penn Law (1)
- Patricia E. Salkin (1)
- Pell Scholars and Senior Theses (1)
- RWU Law (1)
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Articles 1 - 18 of 18
Full-Text Articles in Law
United States V. Washington, Kirsa Shelkey
United States V. Washington, Kirsa Shelkey
Public Land & Resources Law Review
Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right of taking fish, …
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The Idea Of Pollution, John C. Nagle
The Idea Of Pollution, John C. Nagle
John Copeland Nagle
Pollution is the primary target of environmental law. During the past forty years, hundreds of federal and state statutes, administrative regulations, and international treaties have established multiple approaches to addressing pollution of the air, water, and land. Yet the law still struggles to identify precisely what constitutes pollution, how much of it is tolerable, and what we should do about it. But environmental pollution is hardly the only type of pollution. Historically, the idea of pollution referred to a host of effects upon human environments. This remains evident in contemporary anthropological literature, which studies the pollution beliefs of cultures throughout …
When States' Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson
When States' Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …
Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas
Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas
Public Land & Resources Law Review
In Natural Resources Defense Council, Inc. v. Pritzker, the Ninth Circuit dealt with the conflict of science in making legal and policy decisions. NMFS was held to a stringent mitigation standard to protect marine mammals against the Navy’s use of LFA sonar for military operations. In this decision the court held that agencies are required to apply the least practicable adverse impact on marine mammals in these types of operations and agencies must listen to their own experts when making these decisions.
Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein
Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein
Public Land & Resources Law Review
In Oregon Natural Desert Association v. Jewell, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a wind-energy development on inaccurate scientific analysis. In negating the BLM’s action, the court held that flawed data and indefensible reasoning were discordant with NEPA’s central tenets. Furthermore, the court did not hold the BLM responsible for addressing a distinct environmental issue that was not brought to its attention during the public comment period.
Adaptive Management And The Future Of Environmental Law, Eric Biber
Adaptive Management And The Future Of Environmental Law, Eric Biber
Eric Biber
Adaptive management is the new paradigm in environmental law. It is omnipresent in scholarship and management documents and is even starting to appear in court opinions. There have been many calls for environmental law to adapt itself to adaptive management by becoming more flexible and dynamic. But does adaptive management really warrant a revolution in environmental law? Or is it adaptive management that might need to adapt to the world of environmental law? There has been an abundance of scholarship on the strengths of adaptive management, making the case for changing environmental law to embrace adaptive management. But answering the …
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Patricia E. Salkin
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Librarian Scholarship at Penn Law
Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.
This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …
Corporate Agricultural Investment And The Right To Food: Addressing Disparate Protections And Promoting Rights-Consistent Outcomes, Kaitlin Y. Cordes, Anna Bulman
Corporate Agricultural Investment And The Right To Food: Addressing Disparate Protections And Promoting Rights-Consistent Outcomes, Kaitlin Y. Cordes, Anna Bulman
Columbia Center on Sustainable Investment Staff Publications
Over the past decade, the world has witnessed heightened corporate interest in large-scale land-based agricultural investment. While such investments can potentially have positive effects for local communities, they also can have wide-ranging negative impacts on human rights, including through forced displacement and the loss of livelihoods. This Article examines the impact of large-scale corporate agricultural investment on the right to food, as well as on human rights more generally. It considers the protections offered by the investment and human rights legal regimes to both corporations and individuals, including recent international developments relating to transnational corporate accountability and efforts to integrate …
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Pell Scholars and Senior Theses
With the changing natural and political climate of the Arctic, conflicts over resource extraction and navigation will become inevitable. Empowering an intergovernmental institution like the Arctic Council Service may be the only solution. This paper analyzes the importance and history of the Arctic as a political environment, which is prone to abuse in the very near future at the hands of Russia and the United States.
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
It’S Rooted In The Land: How Managing Natural Resources Leads Native American Tribes To Sovereignty, Nicky Ouellet
It’S Rooted In The Land: How Managing Natural Resources Leads Native American Tribes To Sovereignty, Nicky Ouellet
Graduate Student Theses, Dissertations, & Professional Papers
Tribal management of land and natural resources within the boundaries of Native American reservations is often superseded by state and federal policy. But control of land and resources is, ultimately, what makes a nation a nation. The three stories in this portfolio depict tribes establishing control of natural resources to various degrees of success. Chapter one is a narrative outlining the stories, my reportage and plans for publication. Chapter two: Members of the Northern Cheyenne seek to establish a medical marijuana program after the federal government relaxed enforcement of cannabis bans. Chapter three: An activist on the Fort Berthold reservation …
Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón
Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón
Walden Dissertations and Doctoral Studies
In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
RWU Law
No abstract provided.
Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin
Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
The State of New Jersey, the Borough of Harvey Cedars, and the United States Army Corps of Engineers were all preparing for an event like Hurricane Sandy years before the 2012 super-storm made landfall along the Mid-Atlantic coast. The governments began, for instance, a major dune restoration project in 2005 in order to protect the New Jersey coast from massive storm surges that could destroy homes and businesses. To carry out the effort, the local governments sought to purchase the right to build along the seaward portion of property owners' land, and would then construct roughly twenty-foot-high, thirty-foot-wide dunes. If …