Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pace University (41)
- University of Colorado Law School (36)
- Selected Works (25)
- University of Oklahoma College of Law (17)
- Case Western Reserve University School of Law (16)
-
- Penn State Law (14)
- University of Georgia School of Law (12)
- University of Montana (10)
- SelectedWorks (9)
- The University of Akron (9)
- University of New Mexico (9)
- Washington and Lee University School of Law (9)
- Seattle University School of Law (8)
- Columbia Law School (7)
- Barry University School of Law (5)
- Mitchell Hamline School of Law (5)
- University of Arkansas, Fayetteville (5)
- SJ Quinney College of Law, University of Utah (4)
- University of Michigan Law School (4)
- Lewis & Clark Law School (3)
- Maurer School of Law: Indiana University (3)
- Universitas Indonesia (3)
- University of Denver (3)
- American University Washington College of Law (2)
- Florida A&M University College of Law (2)
- Roger Williams University (2)
- SIT Graduate Institute/SIT Study Abroad (2)
- University of Kentucky (2)
- University of Miami Law School (2)
- Cornell University Law School (1)
- Keyword
-
- Environmental law (31)
- Climate change (29)
- Water law (24)
- Environmental Law (23)
- Water resource management (20)
-
- Water resources management (20)
- Conservation (17)
- Ohio (17)
- Water supply (17)
- California (16)
- Natural resources (16)
- Agriculture (14)
- Law (14)
- Colorado (13)
- Natural Resources Law (12)
- Human rights (10)
- Moot court (10)
- NELMCC (10)
- State law; State administrative decision; (10)
- Water Law (10)
- EPA (9)
- Environment (9)
- Global warming (9)
- Groundwater (9)
- NEPA (9)
- Water (9)
- Water planning (9)
- Drought (8)
- International Law (8)
- Colorado River (7)
- Publication
-
- Pace Environmental Law Review (27)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (21)
- Ohio Oil & Gas Commission Decisions (16)
- Oil and Gas, Natural Resources, and Energy Journal (16)
- Georgia Journal of International & Comparative Law (12)
-
- Penn State Journal of Law & International Affairs (12)
- Pace Environmental Law Review Online Companion (10)
- Akron Law Review (9)
- Publications (9)
- Washington and Lee Journal of Energy, Climate, and the Environment (9)
- Gabriel Eckstein (8)
- Public Land & Resources Law Review (8)
- Columbia Center on Sustainable Investment Staff Publications (6)
- Annual of the Arkansas Natural Resources Law Institute (5)
- Faculty Scholarship (5)
- Natural Resources Journal (5)
- Seattle University Law Review (5)
- William Mitchell Law Review (5)
- Elisabeth Haub School of Law Faculty Publications (4)
- Environmental and Earth Law Journal (EELJ) (4)
- Books, Reports, and Studies (3)
- Donald J. Kochan (3)
- Journal Articles (3)
- Jurnal Hukum & Pembangunan (3)
- Michigan Journal of Environmental & Administrative Law (3)
- Sturm College of Law: Faculty Scholarship (3)
- Utah Law Review (3)
- Articles (2)
- Capstone Collection (2)
- Christopher C. French (2)
Articles 1 - 30 of 290
Full-Text Articles in Law
Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia
Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia
Public Land & Resources Law Review
In Natural Resources Defense Council v. United States Environmental Protection Agency, the court was asked to review the EPA’s Vessel General Permit that set limits on the discharge of pollutants in a ship’s ballast water. Ballast water discharge has become one of the major contributors to the spread of invasive species, especially in the Great Lakes where short voyages allow organisms to easily survive in ballast water. The EPA’s lack of information was a problem of its own making because it prohibited the Science Advisory Board and National Academy of Sciences from adequately exploring available technology before setting the effluent …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.
The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt
The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt
Mark P Nevitt
Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Michigan Journal of Environmental & Administrative Law
Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a descriptive …
Wind Power Growing Pains, K.K. Duvivier
Wind Power Growing Pains, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The United States loves wind power. Since 2004 alone, U.S. wind capacity has multiplied almost ten times — from about 6.7 gigawatts in 2004 to over 65.9 gigawatts by 2014. This growth in generation potential has been accompanied by a growth in the size of the turbines that deliver that power — from approximately 56 feet in the 1980s to over 300 feet in 2015. As the turbines and meterological or met towers push up into non-surface atmospheric weather layers and navigable airspace over 200 feet, new wake efficiency and competing legal concerns arise.
Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón
Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón
San Diego Law Review
In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group’s claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography
School of Law Conferences, Lectures & Events
No abstract provided.
The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith
The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith
Michigan Journal of Environmental & Administrative Law
In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in large part to technological …
Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein
Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein
Gabriel Eckstein
The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus
Editor's Introduction, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Robert D Bullard
Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.
Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-68 (Enviro Clean Facility)
Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-498 (Geitgey Donald #3 Well)
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Pace Environmental Law Review Online Companion
No abstract provided.
2015 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2015 National Environmental Law Moot Court Competition Problem
2015 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission
Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Georgia Journal of International & Comparative Law
No abstract provided.
Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission
Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Issuance of Injection Well Permit SWIW #11 (K & H Partners, LLC)
Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes
Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Our growing global population is demanding a more resource-intensive and so-called “Western” diet. And that change in demand has drastic impact on how we must change our supply.
Enhancing Biodiversity On Working Agricultural Lands Through Environmental Mitigation And Offsets: Opportunities In Australia And The United States, Matthew Roach
Matthew Roach
Australia has extensive experience in managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a source of potential environmental offsets, as agencies prefer that land used for offsets be wholly set aside for environmental management purposes with limited or no agricultural activities. This contrasts with the United States, where efforts are underway to use working agricultural lands for mitigation. This paper proposes that working agricultural lands can be used for environmental offsets under the Environment Protection …
California's Redd Rubberstamp: Avoiding Constitutional Concerns, But At What Cost?, Ryan Mock
California's Redd Rubberstamp: Avoiding Constitutional Concerns, But At What Cost?, Ryan Mock
Environmental and Earth Law Journal (EELJ)
The purpose of this note is to examine the issues surrounding California's carbon market, the challenges of effectively regulating such a market that allows domestic companies to purchase carbon credits generated abroad, and the need for federal intervention if carbon trading is to become an effective and ethical reality in the United States. This note also provides background on the United Nation's REDD (Reducing Emissions from Deforestation and Degradation) programs, as well as covers the history of California's Global Warming Solutions Act of 2006. In addition, this note explains the problems California has with negotiating with foreign governments since those …