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Full-Text Articles in Law
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
Journal of the National Association of Administrative Law Judiciary
While environmentally conscious consumers may be concerned about single-use plastic packaging their produce comes in, they likely do not think of the excess of plastics farmers use just to grow that produce. The agricultural industry uses an extraordinarily high amount of plastic, notably through agricultural films, which are thin plastic membranes used for mulching. The predominant use of these films has come to be known as “Plasticulture” and, although plastic mulch has many benefits, its ubiquitous use creates substantial waste that, when broken down into micro plastics, eventually enter the human body. This article evaluates the advantages and drawbacks of …
Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson
Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson
Pepperdine Law Review
Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and public health purposes of the environmental laws when interpreting those statutes due to the rise in textualism, the declining influence of the Chevron doctrine, and the increasing willingness of courts to defer to agency underenforcement of statutory responsibilities across all regulatory statutes. In 2020, the Environmental Protection Network, …
Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn
Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Environmental Restorative Justice, Aiden Stark
Environmental Restorative Justice, Aiden Stark
Pepperdine Dispute Resolution Law Journal
Section I briefly introduces this article. Section II discusses the gravity of environmental crimes. Section III highlights the history of environmental criminal prosecution. Section IV explains how environmental crimes are currently prosecuted. Section V demonstrates how restorative justice procedures work. Section VI critiques the only previous analysis applying restorative justice to environmental crimes in the United States. Section Vll walks through Australian Justice Preston's analysis, which provides a proper foundation for applying restorative justice to environmental crimes. Section VIII applies Justice Preston's framework to criminal procedures in the United States. Section IX discusses criticisms that will be raised by bringing …
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Journal of the National Association of Administrative Law Judiciary
This article seeks to examine the United States commercial nuclear power plant decommissioning process, a look into a subject that begins at the end of a nuclear plant's life. The subject is often overlooked in favor of the more dominant and controversial issue of when and where a federal spent nuclear fuel repository will be established. But to overlook the American nuclear plant decommissioning process would be a missed opportunity to understand what happens after a nuclear plant permanently ceases power operations-a process that has the potential to last decades and affect the plant's local community through economic and environmental …
How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani
How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani
The Journal of Business, Entrepreneurship & the Law
This paper identifies bankruptcy as a forum in which entities that exceed their emissions limit might be able to avoid the accompanying allowance deduction. Specifically, an entity might be able to sell its assets free and clear of its allowance deduction liabilities through Section 363 to a new company comprised of the same actors. Part II contrasts which liabilities can be discharged through a Chapter 11 plan and which can be avoided through a free and clear sale under Section 363. Part III analyzes whether allowance deductions could be discharged through a Chapter 11 plan or avoided through a free …
Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness
Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness
Pepperdine Law Review
No abstract provided.
Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento
Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento
Pepperdine Law Review
No abstract provided.
The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester
The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester
Pepperdine Law Review
No abstract provided.
Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson
Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson
Pepperdine Law Review
No abstract provided.
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Pepperdine Law Review
No abstract provided.
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards
Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
Pepperdine Law Review
In 2009, the promise of a comprehensive federal cap and trade bill to address climate change fell apart. At least in part, this was due to the fears that exotic 'carbon' financial instruments might cause more financial crises. As California launches it economy wide carbon trading system, and other regional systems and the even possibly the EPA consider cap and trade, it is important to revisit what, if anything, about carbon denominated financial instruments might lead to financial market problems. The most problematic of the instruments, offsets, can be designed to lessen financial risk from underlying asset failure.