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Environmental Law

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Full-Text Articles in Law

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and also to …


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and also to …


The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez Dec 2019

The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Petroleum in Mexico is not only a resource that has been used and abused by the State to finance its operations; petroleum runs in the veins of its national identity—oil rigs, barrels, and the State-owned company’s eagle are present in monuments across the nation and featured on coins and circulation bills.Official history books tell the story of how the Mexican revolution was fought partly to regain control of the hydrocarbons sector, which in 1910 was dominated by international oil companies. Consequently, to understand the legal nature of the Mexican petroleum license, one needs to review the history of the constitutional …


What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble Oct 2019

What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble

Dale Goble

No abstract provided.


The Property Clause: As If Biodiversity Mattered, Dale Goble Oct 2019

The Property Clause: As If Biodiversity Mattered, Dale Goble

Dale Goble

No abstract provided.


The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble Oct 2019

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble

Dale Goble

No abstract provided.


The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble Oct 2019

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Dale Goble

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …


Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble Oct 2019

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

Dale Goble

No abstract provided.


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble Oct 2019

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble

Dale Goble

No abstract provided.


Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu Oct 2019

Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu

Paul Lewis

No abstract provided.


The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg Sep 2019

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg Sep 2019

Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Harmonious Federalism In Support Of National Energy Goals – Increased Wind Renewable Energy, Ronald H. Rosenberg Sep 2019

Harmonious Federalism In Support Of National Energy Goals – Increased Wind Renewable Energy, Ronald H. Rosenberg

Ronald H. Rosenberg

American energy policy has slowly begun to change the mix in the sources of supply of electricity to residences, industry, and businesses. Renewable sources of electricity have been promoted as future contributors of large portions of the nation's electricity consumption. Wind power has been identified as a potentially substantial future electricity source contributing up to 20% of American demand 2030. To achieve these optimistic goals, there must be: (1) cost-effective, reliable energy technology; (2) sufficient investment capital to finance new construction; and (3) the existence of supportive governmental policies at all levels government. This article discusses the importance of inter-governmental …


Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg Sep 2019

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Ronald H. Rosenberg

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …


Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson Sep 2019

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Ronald H. Rosenberg

No abstract provided.


Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg Sep 2019

Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg

Ronald H. Rosenberg

Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …


Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg Sep 2019

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg Sep 2019

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman Sep 2019

Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman

Ronald H. Rosenberg

No abstract provided.


Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg Sep 2019

Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone Sep 2019

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

Linda A. Malone

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …


The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone Sep 2019

The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone

Linda A. Malone

Because soil erosion affects the quantity and quality of farmland, it is a matter of great concern for both the government and the farm industry. Whereas in the past concern was over the potential damage to productivity, concern is now being voiced over off-site damage and water pollution. There are numerous federal programs set up to fight soil erosion, but they are all voluntary, thereby making it difficult for the government to target funds. The author reviews the seriousness of the problem, looks at the numerous government programs, and then analyzes the Food Security Act of 1985—the first act to …


The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone Sep 2019

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Linda A. Malone

No abstract provided.


The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone Sep 2019

The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone

Linda A. Malone

In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back …


The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone Sep 2019

The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone

Linda A. Malone

No abstract provided.


Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone Sep 2019

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.


Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone Sep 2019

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Linda A. Malone

No abstract provided.


Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone Sep 2019

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Linda A. Malone

No abstract provided.


Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone Sep 2019

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Linda A. Malone

No abstract provided.


Green Helmets: Eco-Intervention In The Twenty-First Century, Linda A. Malone Sep 2019

Green Helmets: Eco-Intervention In The Twenty-First Century, Linda A. Malone

Linda A. Malone

No abstract provided.