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Articles 1 - 30 of 108
Full-Text Articles in Law
Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin
Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin
West Virginia Law Review
The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …
Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle
Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle
West Virginia Law Review
The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …
Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien
Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien
West Virginia Law Review
No abstract provided.
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
West Virginia Law Review
No abstract provided.
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
West Virginia Law Review
No abstract provided.
The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck
The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck
West Virginia Law Review
No abstract provided.
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
West Virginia Law Review
No abstract provided.
Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman
Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman
West Virginia Law Review
No abstract provided.
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks
West Virginia Law Review
No abstract provided.
Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld
Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld
West Virginia Law Review
No abstract provided.
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks
West Virginia Law Review
No abstract provided.
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
West Virginia Law Review
No abstract provided.
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
West Virginia Law Review
No abstract provided.
Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen
Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen
West Virginia Law Review
No abstract provided.
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
West Virginia Law Review
No abstract provided.
From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz
From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz
West Virginia Law Review
Since the United States enacted the National Environmental Policy Act (NEPA) in 1969, nations all around the world have adopted similar statutes. What started as a unique response to the American environmental movement grew to become a nearly global standard. Although the details of the regimes vary from country to country, there are two constants: (1) the regimes force the government to consider environmental impacts before conducting or authoriz- ing projects, and (2) they allow some degree of public participation. This Arti- cle focuses on the latter of these two features. Public participation in NEPA-style regimes generally means public consultation: …
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
West Virginia Law Review
No abstract provided.
Addressing Environmental Injustices: A Capability Approach To Rulemaking, Shannon M. Roesler
Addressing Environmental Injustices: A Capability Approach To Rulemaking, Shannon M. Roesler
West Virginia Law Review
No abstract provided.
Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee
Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee
West Virginia Law Review
No abstract provided.
Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green
Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green
West Virginia Law Review
No abstract provided.
West Virginia's Seemingly Eternal Struggle For Fiscally And Environmentally Adequate Coal Mining Reclamation Bonding Program, Craig B. Giffin
West Virginia's Seemingly Eternal Struggle For Fiscally And Environmentally Adequate Coal Mining Reclamation Bonding Program, Craig B. Giffin
West Virginia Law Review
No abstract provided.
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
West Virginia Law Review
No abstract provided.
Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge
Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge
West Virginia Law Review
No abstract provided.
Asset Purchases, Successor Liability, And Insurance Coverage: Does The Tail Always Follow The Dog, Albert Bates Jr. Iv, D. Matthew Jameson Iii, Bren J. Pomponio
Asset Purchases, Successor Liability, And Insurance Coverage: Does The Tail Always Follow The Dog, Albert Bates Jr. Iv, D. Matthew Jameson Iii, Bren J. Pomponio
West Virginia Law Review
No abstract provided.
An Overview Of The Ownership And Control Rule Under The West Virginia Surface Coal Mining And Reclamation Act, Charles Saffer
An Overview Of The Ownership And Control Rule Under The West Virginia Surface Coal Mining And Reclamation Act, Charles Saffer
West Virginia Law Review
No abstract provided.
The Voluntary Remediation And Redevelopment Act--West Virginia Restructures Environmental Liability, M. Ann Bradley, David L. Yaussy
The Voluntary Remediation And Redevelopment Act--West Virginia Restructures Environmental Liability, M. Ann Bradley, David L. Yaussy
West Virginia Law Review
No abstract provided.
The Reauthorization Of The Endangered Species Act: A Hotly Contested Debate, Tanya L. Godfrey
The Reauthorization Of The Endangered Species Act: A Hotly Contested Debate, Tanya L. Godfrey
West Virginia Law Review
No abstract provided.
Consolidated Environmental Regulation In West Virginia, David M. Flannery, Kathy G. Beckett, Michael P. Mcthomas
Consolidated Environmental Regulation In West Virginia, David M. Flannery, Kathy G. Beckett, Michael P. Mcthomas
West Virginia Law Review
No abstract provided.
Equity As The Basis Of Implementing Sustainability: An Exploratory Essay, Robert W. Collin, Robin Morris Collin
Equity As The Basis Of Implementing Sustainability: An Exploratory Essay, Robert W. Collin, Robin Morris Collin
West Virginia Law Review
No abstract provided.
Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord
Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord
West Virginia Law Review
No abstract provided.