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Articles 1 - 10 of 10
Full-Text Articles in Law
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck
Seattle University Law Review
This Note seeks to address the issues concerning the FDA’s approval of genetically modified salmon for consumption, arguing that the FDA did not properly vet AquAdvantage salmon, as well as relied on inappropriate criteria in their approval of its market use. Part I provides a brief history of AquAdvantage salmon’s introduction to U.S. markets and the legal actions taken in response to the FDA ruling. Part II discusses the statutes and regulations fundamentally relevant to GE products, as well as a critique of the way each regulation was used to approve AquAdvantage. Part III offers a comparison to the European …
Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges
Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges
Seattle Journal of Environmental Law
Washington’s cities and counties are increasingly demanding that owners of residential shoreline properties dedicate large, predetermined critical area buffers as a mandatory condition of any new development. Such demands, when imposed without regard to the specifics of the land use proposal, would appear to violate the essential nexus and rough proportionality tests established by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Early decisions from Washington courts faithfully applied these tests, invalidating open space and buffer dedications. But in a series of …
Deep Seeded Problems: A Look At Seed Bank Regulations, Jasmine Patel
Deep Seeded Problems: A Look At Seed Bank Regulations, Jasmine Patel
Seattle Journal of Environmental Law
This paper examines the importance of preserving plant biodiversity through the use of genetic seed vaults, and how effective global legal and regulatory plans aimed at such preservation are in comparison to approaches being undertaken in the United States. An example of such initiatives, the Svalbard Global Seed Vault in Norway, is meant to act as a global back up for other nation’s seed vaults. However, Norway’s laws do not allow for genetically modified organisms (“GMOs”) to be imported, including seeds from genetically modified plants. The United States needs to make sure that domestic vaults are protected by proper regulations …
Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney
Seattle Journal of Environmental Law
Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.
Environmental Regulations And The Trans-Pacific Partnership: Using Investor-State Dispute Settlement To Strengthen Environmental Law, Ai-Li Chiong-Martinson
Environmental Regulations And The Trans-Pacific Partnership: Using Investor-State Dispute Settlement To Strengthen Environmental Law, Ai-Li Chiong-Martinson
Seattle Journal of Environmental Law
The highly publicized Trans-Pacific Partnership (TPP) trade agreement has reignited a long-running debate between environmentalists and free trade advocates about the impacts of the investor-state dispute settlement (ISDS) system on the global economy and environmental preservation. The ISDS provision potentially gives foreign investors the right to challenge domestic regulations intending to protect the environment if those regulations discriminate against foreign investors and result in substantial monetary loss to the investors’ property. Critics of the TPP argue that we should learn from the troubling legacy of the North American Trade Agreement (NAFTA), which, according to critics, overwhelmingly favored investors over states …
Of Mines And Men: Toward A Foundational Theory Of The Rise, Evolution And Decay Of Property, Guillermo Arribas Irazola
Of Mines And Men: Toward A Foundational Theory Of The Rise, Evolution And Decay Of Property, Guillermo Arribas Irazola
Seattle Journal of Environmental Law
Why and how is property created? Through a historical analysis, this paper proposes that property is created not out of ideology, but by chance. Depending on the resources encountered by newcomers, a rising civilization will establish property through a centralized controlling government (a top-down system) or through people’s recognized possession (a bottom-up or Lockean system). In the former, the government will create and allocate property at its own discretion, while in the latter, the government will recognize and provide protection for the property of individuals.
When the Spaniards conquered Peru in the 1528, they found immense amounts of gold and …
Hanford Nuclear Site: Remediating To A Standard Safe For All Or Some?, Dylane Jacobs
Hanford Nuclear Site: Remediating To A Standard Safe For All Or Some?, Dylane Jacobs
Seattle Journal of Environmental Law
The cleanup of the Hanford Nuclear Site is one of the largest cleanups undertaken in the U.S. and is governed by many Federal and State environmental statutes. While CERCLA and the later SARA amendments should require the U.S. Department of Energy to clean up the site to a level acceptable for Native American tribes, thus far they have failed to do so. The U.S. Department of Energy can, and should, act to be more effective at remedying the injustices and cleanup of Hanford to the level needed for the historical use of the land.
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
American Indian Law Journal
No abstract provided.
Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel
American Indian Law Journal
No abstract provided.