Law Commons^™

Presidential Progress On Climate Change: Will The Courts Interfere With What Needs To Be Done To Save Our Planet?, Michael B. Gerrard

Faculty Scholarship

The Biden Administration is undertaking numerous actions to reduce greenhouse gas emissions and transition away from fossil fuels as part of the fight against climate change. Many of these actions are likely to be challenged in court. This paper describes the various legal theories that are likely to be used in these challenges, assesses their prospects of success given the current composition of the Supreme Court, and suggests ways to minimize the risks.

Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman

Indiana Law Journal

Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …

Murray Energy Corporation V. Administrator Of Environmental Protection Agency, Peter B. Taylor

Public Land & Resources Law Review

Congress amended the Clean Air Act in 1977 because of public concern that enforcement of the Clean Air Act would have adverse effects on employment. Section 321(a) tasks the Administrator of the Environmental Protection Agency with a continuous duty to evaluate the potential employment impact of the administration and enforcement of the Clean Air Act. In Murray Energy Corporation v. Administrator of Environmental Protection Agency, the United States Court of Appeals for the Fourth Circuit ruled on whether the federal court’s authority to review and enforce non-discretionary Clean Air Act duties extended to the EPA’s Section 321(a) duty to continuously …

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …

A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels

22 slides

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown

Publications

No abstract provided.

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Day 4. Thursday, August 14, 2003: Trapper Mine, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

8 pages (includes some color illustrations).

Contains references.

Keynote Address, Rebecca Watson

Coalbed Methane Development in the Intermountain West (April 4-5)

6 pages.

Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.

St. Mary's Law Journal

Increasing environmental regulation has resulted in an antiregulation backlash and the growth of a property rights movement. Unable to successfully use the courts to protect private property from diminution in value due to government regulations, property rights advocates have looked to the federal and state legislatures for assistance. This has led to some states and the United States Congress to introduce private property rights protection. This protection generally takes one of two forms. The first requires the government to assess the possible effect on property rights before enacting regulations. The second requires the government to compensate property owners for the …

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

79 pages.

Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

9 pages.

The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

35 pages.

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Implementing Federal Environment Policies: The Limits Of Aspirational Commands, James A. Henderson Jr., Richard N. Pearson

Cornell Law Faculty Publications

No abstract provided.