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Environmental Law

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2013

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Articles 301 - 327 of 327

Full-Text Articles in Law

New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday Jan 2013

New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday

St. Mary's Law Journal

Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …


Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze Jan 2013

Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze

St. Mary's Law Journal

The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …


The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott Jan 2013

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott

St. Mary's Law Journal

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …


Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore Jan 2013

Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore

University of Colorado Law Review

The financial concept of real options has important consequences in areas of environmental and natural resources law where irreversible decisions are made in the face of uncertainty. This article argues that consideration of real options is necessary to maximize economic returns from nonrenewable natural resource extraction, using offshore oil drilling as a case study. Because decisions over drilling are often framed as a now-or-never choice, the option to wait (or the "real option" value) is improperly treated in administrative processes that determine whether, when, and how offshore oil resources will be tapped. The value associated with the option to delay …


Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson Jan 2013

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

University of Colorado Law Review

No abstract provided.


Reflections On Social Change And Law Reform, John D. Leshy Jan 2013

Reflections On Social Change And Law Reform, John D. Leshy

University of Colorado Law Review

No abstract provided.


A Just And Healthy Future For The 100 Percent, Bill Hedden Jan 2013

A Just And Healthy Future For The 100 Percent, Bill Hedden

University of Colorado Law Review

No abstract provided.


Risk And Response In Fracturing Policy, Hannah J. Wiseman Jan 2013

Risk And Response In Fracturing Policy, Hannah J. Wiseman

University of Colorado Law Review

An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …


International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott Jan 2013

International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott

Michigan Journal of International Law

From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …


Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon Jan 2013

Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon

NYLS Law Review

No abstract provided.


Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt Jan 2013

Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt

Maryland Law Review

No abstract provided.


The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk Jan 2013

The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk

Oklahoma Law Review

No abstract provided.


Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira Jan 2013

Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira

Oklahoma Law Review

From the late 1970s to the end of the 1990s, electricity producers modified and operated coal-fired power plants in violation of the Environment Protection Agency’s (EPA) permitting requirements, creating widespread air quality degradation. The EPA’s policy of lax oversight ended in 1999 when it launched a large, coordinated enforcement effort. The 2012 Republican presidential candidates all denounced this more vigilant EPA as engaging in economic terrorism through “sue and settle” tactics that amount to backdoor regulation. This article evaluates federal environmental enforcement, drawing upon objective data from our empirical study of EPA permitting violation settlements for coal-fired power plants entered …


Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan Jan 2013

Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan

UIC Law Review

No abstract provided.


The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso Jan 2013

The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso

St. Mary's Law Journal

Throughout American history a continuous call for businesses to wield their power and influence in such a way as to not only create economic value for shareholders, but also to create value in an ethical manner that benefits society as a whole has existed. Currently, many businesses respond to this call by integrating social responsibility into their operations. A recent innovation on this front is the development of the “benefit corporation” by the non-profit organization “B Lab.” The benefit corporation is essentially a hybrid entity. It is designed to have characteristics of both non-profit and for-profit entities. The entity also …


To A Friend: The Honorable Will Garwood., Emilio M. Garza Jan 2013

To A Friend: The Honorable Will Garwood., Emilio M. Garza

St. Mary's Law Journal

William Lockhart Garwood died on July 14, 2011. In his thirty years on the court, Will would author numerous notable decisions, but his reputation would be solidified by two extraordinary cases: United States v. Lopez, in which, for the first time in recent judicial history, a court of appeals held that a congressional act was invalid as beyond the power of Congress under the Commerce Clause; and United States v. Emerson, in which, a court of appeals first articulated the Second Amendment protects individual Americans’ right to keep and bear arms. Neither case was without controversy. Not surprisingly, the Supreme …


A Fresher Law: Amending The Florida Right To Farm Act To Include Urban Micro Farming As A Key Initiative To Promote Sustainability, Food Access, And Environmental Justice For Low-Income Communities, Cameryn Rivera Jan 2013

A Fresher Law: Amending The Florida Right To Farm Act To Include Urban Micro Farming As A Key Initiative To Promote Sustainability, Food Access, And Environmental Justice For Low-Income Communities, Cameryn Rivera

Florida A & M University Law Review

No abstract provided.


Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase Jan 2013

Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase

Maryland Law Review

No abstract provided.


Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor Jan 2013

Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor

Maryland Law Review

No abstract provided.


Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman Jan 2013

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Maryland Law Review

No abstract provided.


Keynote Address, Brooksley Born Jan 2013

Keynote Address, Brooksley Born

Maryland Law Review

No abstract provided.


Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson Jan 2013

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.


A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens Jan 2013

A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens

McGeorge Law Review

No abstract provided.


Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill Jan 2013

Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill

American Indian Law Review

No abstract provided.


What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen Jan 2013

What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Paradise Lost? A Call To Clarify The Public Purpose Requirement In Ohio's Public Trust Doctrine, Maia E. Jerin Jan 2013

Paradise Lost? A Call To Clarify The Public Purpose Requirement In Ohio's Public Trust Doctrine, Maia E. Jerin

Cleveland State Law Review

The State of Ohio holds all land underlying the waters of Lake Erie and navigable rivers, as well as all artificially filled land, in trust for the benefit of the people of Ohio. Traditionally, private use of trust resources was subject to the public rights of navigation, water commerce, and fishing. This principle, known as the public trust doctrine, exists in every state but takes myriad forms and protects widely varying uses and interests. Many states have clarified their public trust doctrines through statutes or judicial review in order to meet the public’s changing needs, but Ohio’s public trust doctrine …


Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann Jan 2013

Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann

Maryland Law Review

No abstract provided.