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The Paralysis Paradox And The Untapped Role Of Science In Solving “Big” “Environmental Problems, Jan G. Laitos, Christopher Ainscough
The Paralysis Paradox And The Untapped Role Of Science In Solving “Big” “Environmental Problems, Jan G. Laitos, Christopher Ainscough
Sturm College of Law: Faculty Scholarship
Part I considers the daunting scope and extent of the environmental problem addressed by the article. The “problem” consists of an enormous number of abandoned mines and AMLs in the West, affecting numerous rivers and watersheds, where the cost of mine cleanup seems astronomical, and the source of the money to pay for the cleanup elusive. In Part I, probability theory is used to assess the true scope of the AML problem, by estimating the impacts and risks to people and their environment. Part II addresses the state of current law as it applies to abandoned hardrock mines. A review …
A Fracking Mess: Just Compensation For Regulatory Takings Of Oil And Gas Property Rights, Kevin J. Lynch
A Fracking Mess: Just Compensation For Regulatory Takings Of Oil And Gas Property Rights, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
As the Trump administration tries to roll back federal regulations on the oil and gas industry, constituents depend on state and local governments for protection from the worst impacts of industrial-scale fracking. Yet as the debate about proper regulation of the oil and gas industry continues, the specter of potential takings liability looms over the public discourse. Such liability is premised on the idea that government regulation of fracking might constitute a taking of private property that requires payment of just compensation — that is, the amount of money that should be paid to owners if indeed there is a …