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Articles 1 - 30 of 101
Full-Text Articles in Law
Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter
Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter
Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter
Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter
Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter
Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Legal Issues Affecting Blue Carbon Projects On Publicly-Owned Coastal Wetlands, Read Porter, Cody Katter, Cory Lee
Legal Issues Affecting Blue Carbon Projects On Publicly-Owned Coastal Wetlands, Read Porter, Cody Katter, Cory Lee
Sea Grant Law Fellow Publications
Coastal wetlands play an important role in sequestering atmospheric carbon, but these ecosystems are under threat from sea level rise, land use conversion, and other causes. Restoration projects in coastal wetlands can provide a range of benefits for habitat and ecosystems, including by increasing sequestration of “blue carbon.” Coastal wetland restoration projects that effectively sequester carbon and meet the requirements of the voluntary carbon market can generate tradeable carbon offsets, which have a monetary value and can be used to finance all or part of the restoration needed to generate them. Blue carbon offsets thus represent a promising tool to …
Climate Change And Dam Owner Liability In Rhode Island, Read Porter, James Philopena Jr., Cory Lee
Climate Change And Dam Owner Liability In Rhode Island, Read Porter, James Philopena Jr., Cory Lee
Sea Grant Law Fellow Publications
Increasing precipitation associated with climate change is affecting dam operation and hazards in Rhode Island. Flooding caused by increased precipitation or extreme weather events can cause dam failure or upstream or downstream flooding, resulting in loss of life and property. These losses can result in liability, which may vary based on the dam owner and its purpose. This study assists dam owners and the public in understanding the potential liabilities that may arise as a result of flooding from extreme weather events. Section one provides a background of dam hazards in Rhode Island in the context of climate change. Section …
Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter
Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter
Sea Grant Law Fellow Publications
This study reviews the potential takings liability associated with government development of wind turbine projects in offshore areas. It begins by introducing the development of the offshore wind industry in the U.S. and the benefits and potential impacts associated with this industry. Section 2 explains and evaluates potential takings claims under each of four theories: (1) direct appropriation or physical invasion; (2) categorical takings; (3) partial takings; and (4) nuisance takings. Section 3 concludes.
Legal Implications Of "Organic" Seafood Labeling Based On Foreign Standards, Read Porter, Kathryn Kulaga
Legal Implications Of "Organic" Seafood Labeling Based On Foreign Standards, Read Porter, Kathryn Kulaga
Sea Grant Law Fellow Publications
No abstract provided.
Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter
Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter
Sea Grant Law Fellow Publications
Sea level rise and more powerful storm surges and erosion have increased flooding in low-lying coastal areas of Rhode Island. These impacts affect coastal highways, requiring municipalities to make difficult choices about whether and how to maintain or abandon their infrastructure. This fact sheet helps cities and towns understand their legal duties, options, and potential liabilities when considering the future of threatened coastal infrastructure. By using the information in this fact sheet, municipalities can make informed decisions about the consequences of their infrastructure investments. After providing background on nuisance flooding associated with sea level rise, this fact sheet describes Rhode …
Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts
Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts
Sea Grant Law Fellow Publications
No abstract provided.
Comparative Analysis Of State Regulation Of Direct-To-Market Sales Of Finfish, Marine Affairs Institute, Roger Williams University School Of Law, James Philopena Jr.
Comparative Analysis Of State Regulation Of Direct-To-Market Sales Of Finfish, Marine Affairs Institute, Roger Williams University School Of Law, James Philopena Jr.
Sea Grant Law Fellow Publications
No abstract provided.
Selling Fish To Restaurants And The Public: A Fisher's Guide, Marine Affairs Institute, Roger Williams University School Of Law, Brynae Riggins
Selling Fish To Restaurants And The Public: A Fisher's Guide, Marine Affairs Institute, Roger Williams University School Of Law, Brynae Riggins
Sea Grant Law Fellow Publications
No abstract provided.
Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter
Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann
Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann
Sea Grant Law Fellow Publications
No abstract provided.
Overcoming Impediments To Shellfish Aquaculture: Access To Public Boat Launches, Marine Affairs Institute, Roger Williams University School Of Law, Mitchell Ramic, Read Porter
Overcoming Impediments To Shellfish Aquaculture: Access To Public Boat Launches, Marine Affairs Institute, Roger Williams University School Of Law, Mitchell Ramic, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Responding To Nuisance Flooding Of Coastal Highways: Options For Municipalities, Olivia Thompson, Joseph Bingaman, Marine Affairs Institute, Roger Williams University School Of Law
Responding To Nuisance Flooding Of Coastal Highways: Options For Municipalities, Olivia Thompson, Joseph Bingaman, Marine Affairs Institute, Roger Williams University School Of Law
Sea Grant Law Fellow Publications
No abstract provided.
Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman
Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman
Sea Grant Law Fellow Publications
No abstract provided.
Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage
Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage
Sea Grant Law Fellow Publications
From 2014 to 2016, Rhode Island Shellfish growers applied for a series of leases to produce oysters in close proximity to lands used for waterfowl hunting. The emerging conflict between these uses required the relevant agencies to seek modifications to minimize problems and highlighted a need to better understand the relevant authorities governing these agencies. This study provides an overview of how state and federal legal authorities govern the interaction of shellfish leasing and waterfowl management in Rhode Island, including whether shellfish leasing may be considered incidental take under federal law.
Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson
Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson
Sea Grant Law Fellow Publications
This study reviews the legal requirements governing design and construction of a proposed universally-accessible fishing pier located at the Rhode Island Veterans’ Home in Bristol, Rhode Island. The pier would provide veterans and other members of the public with accessible recreational fishing opportunities. However, federal, state, and local approvals will be required before the project can move forward. This study provides an overview of required permitting and approvals by the Coastal Resources Management Council (CRMC), Town of Bristol, and U.S. Army Corps of Engineers (USACE). In addition, it considers the role of the Rhode Island Department of Environmental Management (RIDEM) …
Preventing Fishing Gear Loss From Vessel Interactions In New England, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Jamison Jedziniak
Preventing Fishing Gear Loss From Vessel Interactions In New England, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Jamison Jedziniak
Sea Grant Law Fellow Publications
No abstract provided.
Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman
Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman
Sea Grant Law Fellow Publications
This study considers whether violations of foreign export duty requirements for live wildlife shipments can be prosecuted under United States law. The next section introduces the Lacey Act, which offers a potent enforcement tool against wildlife trafficking and related offenses. The study then considers whether and how export duty fraud violates the Lacey Act and the possible penalties that apply to such violations. Finally, it uses the Philippines as a case study to illustrate the utility of exporting country laws for Lacey Act prosecution of these cases.
Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann
Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann
Sea Grant Law Fellow Publications
No abstract provided.
Common Law Jurisprudence On Public Vessel Status In The United States: Annotated Cases, Erika Wheat
Common Law Jurisprudence On Public Vessel Status In The United States: Annotated Cases, Erika Wheat
Sea Grant Law Fellow Publications
This document provides an overview of the facts and disposition of federal cases interpreting whether vessels are “public vessels” under U.S. admiralty law. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses these cases and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The cases in this document are arranged by circuit and type of court and are presented in reverse chronological order within each court. This document is to be used for research purposes only and …
Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann
Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann
Sea Grant Law Fellow Publications
This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …
Funding Options For End-Of-Life Stewardship Of Fiberglass Boats, Austyn Carolin
Funding Options For End-Of-Life Stewardship Of Fiberglass Boats, Austyn Carolin
Sea Grant Law Fellow Publications
This study provides a foundation for consideration of end-of-life stewardship programs for fiberglass boats by reviewing U.S. state and territory fees and boat-specific taxes. It identifies fees used in each jurisdiction, what these fees are allocated for, how they are allocated, and how they ensure that boaters support the ecosystems they use so frequently. Additionally, this study discusses states that address the issue of derelict vessels and how they have allotted state funds to manage the growing issue of derelict vessels in our waterways.
Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman
Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman
Sea Grant Law Fellow Publications
No abstract provided.
Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman
Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman
Sea Grant Law Fellow Publications
No abstract provided.
Governmental Tort Liability For Disclosure Of Flood Hazard Information (Legal Fact Sheet Ctsg-17-04), Audrey Elzerman
Governmental Tort Liability For Disclosure Of Flood Hazard Information (Legal Fact Sheet Ctsg-17-04), Audrey Elzerman
Sea Grant Law Fellow Publications
Local governments and governmental entities, their employees, and members of their boards and commissions may be subjected to lawsuits in connection with municipal activities.This fact sheet reviews claims that may arise against them under tort law for negligence related to coastal management actions.