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Full-Text Articles in Law

Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek Aug 2020

Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek

Fordham Environmental Law Review

No abstract provided.


Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard Jan 2019

Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard

Faculty Scholarship

Globally, the ten warmest years on record have all been since 1998, with the four warmest years occurring since 2014. In the contiguous United States, average annual temperatures are about 1.8°F higher than they were over the period from 1895-2016. This is expected to increase by about 2.5°F before mid-century, regardless of what happens to greenhouse gas levels. If, at the end of this century, greenhouse gas emissions are at the Intergovernmental Panel on Climate Change’s high scenario (termed “RCP 8.5”), average U.S. temperatures could go up by as much as 11.9 ...


Alternative Spring Break 2018 Report, Roger Williams University School Of Law Jan 2018

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv Jun 2017

Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv

University of Massachusetts Law Review

The American fishing industry has long been an important part of the economy. In time, overfishing led to restrictions on the industry through the Magnuson-Stevens Act. However, the Act has led to severe curtailments on fishing that have severely hampered the industry. This caused particular harm to the Northeast, resulting in a federally declared fishing disaster. This Note argues that the recently proposed revisions to the Magnuson-Stevens Act allow for a balance between protecting our oceans and allowing the fishing industry to thrive again. This would help the Northeast fishing industry properly recover while preventing any further tragedies of the ...


Oil And Gas And Floods, Justin Pidot Mar 2014

Oil And Gas And Floods, Justin Pidot

University of Richmond Law Review

This symposium article has three goals. First, it seeks to draw attention to the pressing risks that natural disasters pose to energy infrastructure. It focuses on one type of natural disaster flooding and one variety of energy infrastructure-oil and natural gas. Natural disasters do not, however, discriminate and also pose broad risks to energy systems of all stripes. Second, the article seeks to provide examples of existing federal and state legal regimes that address to some extent the dangers floods pose to the oil and gas industry. As we shall see, the regulatory regimes I address are sparse and hardly ...


Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets Jan 2014

Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets

Robert R.M. Verchick

In the absence of a federal legislation directing government to adapt to the unavoidable effects of climate change, the Obama administration has put its faith in existing environmental laws like the Clean Air Act (“CAA”), the Endangered Species Act (“ESA”), and the National Environmental Policy Act (“NEPA”). But often federal objectives focus only on reducing greenhouse gases—what experts call “mitigation”—and neglect strategies for coping with the climate disruptions that we cannot avoid—otherwise known as “adaptation.” Where the federal policy falls short, states are beginning to experiment on their own with climate adaptation strategies. This essay examines both ...


Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon Jan 2014

Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes ...


Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun Sep 2013

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

A unique and timely text in a burgeoning field, the Third Edition of Disaster Law and Policy takes a broad perspective that looks at the legal and political effects of disasters across the United States and around the world. Authors Daniel A. Farber, James Ming Chen, Robert R.M. Verchick, and Lisa Grow Sun examine the roles of lawyers and government in disaster prevention, emergency response, victim compensation, insurance, and rebuilding strategies. Materials include government reports, legal decisions, and readings drawn from a variety of disciplines. Memorable case studies and table-top exercises are added to help students evaluate and apply ...


Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota Dec 2011

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the ...


A Tale Of Two Cities: Lessons Learned From New Orleans To The District Of Columbia For The Protection Of Vulnerable Populations From The Consequences Of Disaster, Laurie A. Morin Mar 2009

A Tale Of Two Cities: Lessons Learned From New Orleans To The District Of Columbia For The Protection Of Vulnerable Populations From The Consequences Of Disaster, Laurie A. Morin

University of the District of Columbia Law Review

Like Paris before the French Revolution, New Orleans is a city of extremes. Visitors from around the world visit "the Big Easy" to sip chicory coffee and eat beignets in the French Quarter, listen to some of the country's best music at the jazz festival, and join one of the world's most famous parties during Mardi Gras. When Hurricane Katrina struck New Orleans in August 2005, it exposed the soft underbelly of New Orleans-the other side of the city where thousands of people, mostly African Americans, live in pockets of concentrated poverty unable to escape the consequences of ...


Losing Ground: Nation On Edge, John R. Nolon Jan 2008

Losing Ground: Nation On Edge, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The primary objective of our book is to refocus attention on the mitigation element of this enduring debate. The chapters in this edited volume grow out of our multiyear program entitled Nation on Edge. The purpose of this program was to draw together leading scholars and practitioners in a collective conversation on the subject of disaster mitigation; that is, on questions of how government can better manage private and public decisionmaking and can more effectively regulate the use of private property in order to curtail damage from inevitable disasters. Our book stands alongside the expanding collection of government reports, essays ...


How Do We Deal With This Mess? A Primer For State And Local Governments On Navigating The Legal Complexities Of Debris Issues Following Mass Disasters, Ryan M. Seidemann, Megan K. Terrell, Christopher D. Matchett Jan 2007

How Do We Deal With This Mess? A Primer For State And Local Governments On Navigating The Legal Complexities Of Debris Issues Following Mass Disasters, Ryan M. Seidemann, Megan K. Terrell, Christopher D. Matchett

ExpressO

The devastation wrought by the 2005 hurricane season brought into bold relief the need for comprehensive debris management plans in the United States. As cleanup efforts commenced following Hurricane Katrina, it became abundantly apparent that the local governments were not prepared to deal with the massive scope of the debris problem.

Disasters will occur. It is not a matter of if, but a matter of when. The entire nation is at risk of being struck by some type of disaster at some time. The best way to deal with the outfall from these disasters is to be prepared for them ...


A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer Jan 2007

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

College of Law, Faculty Publications

Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying ...


Did Nepa Drown New Orleans? The Levees, The Blame Game, And The Hazards Of Hindsight, Thomas O. Mcgarity, Douglas A. Kysar Sep 2006

Did Nepa Drown New Orleans? The Levees, The Blame Game, And The Hazards Of Hindsight, Thomas O. Mcgarity, Douglas A. Kysar

Cornell Law Faculty Publications

This Article highlights the hazards of hindsight analysis of the causes of catastrophic events, focusing on theories of why the New Orleans levees failed during Hurricane Katrina in 2005 and particularly on the theory that the levee failures were "caused" by a 1977 National Environmental Policy Act (NEPA) lawsuit that resulted in a temporary injunction against the Army Corps of Engineers' hurricane protection project for New Orleans. The Article provides a detailed historical reconstruction of the decision process that eventuated in the New Orleans storm surge protection system, focusing both on the political and legal factors involved and on the ...


Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon Sep 1994

Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon

RISK: Health, Safety & Environment (1990-2002)

Dr. Dymon explains how maps can, e.g., hasten effective community responses to natural and artificial hazards and laments widespread failure to prepare and use hazard maps more extensively.