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Articles 1 - 30 of 509
Full-Text Articles in Law
Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng
Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng
Faculty Publications
Globally, decentralized energy systems are gaining popularity due to their potential for energy accessibility, energy resilience, and sustainability benefits. Existing research on an energy system decentralization approach, community choice aggregation (CCA), shows its ability to lower energy costs and increase renewable electricity consumption for U.S. communities. Nevertheless, research on the relationship between CCA and distributed electricity generation development is lacking. This paper fills this gap by investigating if the CCA approach associates with distributed generation capacity interconnection in California municipalities. The finding shows that although the average capacity has increased for all municipalities throughout the study period, contrary to proponents’ …
Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt
Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt
Faculty Publications
The United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the …
Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb
Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb
Faculty Publications
The endangered California condor (Gymnogyps californianus) is negatively affected by lead poisoning from spent lead‐based hunting ammunition. Because lead poisoning is the primary mortality factor affecting condors, the California Fish and Game Commission banned lead hunting ammunition during 2008 in the southern California condor range followed by a statewide ban implemented in 2019. In contrast, the Arizona Game and Fish Department instituted an outreach and awareness program encouraging voluntary use of nonlead hunting ammunition in the northern portion of the state during 2005 and a similar program was launched in Utah during 2012. The juxtaposition of policy tools provided a …
Going Concerns And Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform, Alexander Gouzoules
Going Concerns And Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform, Alexander Gouzoules
Faculty Publications
This article examines how legislative reforms to the Bankruptcy Code could mitigate the effects of climate change, speed the adoption of renewable energy, and contribute to U.S. compliance with the Paris Agreement of 2015. It analyzes the benefits derived by the fossil fuel industry from Chapter 11, which allows extractive firms to survive boom-and-bust cycles caused by volatile oil and gas prices. Insolvent polluters are preserved as going concerns during price collapses, only to resume and expand production as prices recover.
This article proposes novel legislative reforms to the Bankruptcy Code that would require insolvent fossil fuel producers to liquidate …
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Robin M. Rotman, Sam J. Carter
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Robin M. Rotman, Sam J. Carter
Faculty Publications
This article examines disputes over surface mining jurisdiction on the Muscogee (Creek) Nation Reservation post-McGirt and the larger implications for sovereignty and environmental justice in Indian Country that follow. Part II summarizes the history of federal, state, and tribal relations and provides an analysis of the McGirt decision and its potential impacts on natural resource issues. Part III offers an examination of jurisdictional uncertainties post-McGirt through an in-depth discussion of the Surface Mining Control and Reclamation Act and the State of Oklahoma v. United States Department of the Interior case. Drawing from the examination of surface mining regulation, Part IV …
Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth
Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth
Faculty Publications
Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of “navigable waters” over time. The Article then discusses recent rulemaking and litigation developments, including the Clean Water Rule, the Navigable Waters Protection Rule, and the County of Maui, Hawaii v. Hawaii Wildlife Fund case. It offers three recommendations. First, the Article calls for a congressional …
Greenwashing No More: The Case For Stronger Regulation Of Environmental Marketing, Robin M. Rotman, Chloe J. Gossett, Hope D. Goldman
Greenwashing No More: The Case For Stronger Regulation Of Environmental Marketing, Robin M. Rotman, Chloe J. Gossett, Hope D. Goldman
Faculty Publications
Fraudulent and deceptive environmental claims in marketing (sometimes called “greenwashing”) are a persistent problem in the United States, despite nearly thirty years of efforts by the Federal Trade Commission (FTC) to prevent it. This Essay focuses on a recent trend in greenwashing - fraudulent “organic” claims for nonagricultural products, such as home goods and personal care products. We offer three recommendations. First, we suggest ways that the FTC can strengthen its oversight of “organic” claims for nonagricultural products and improve coordination with the USDA. Second, we argue for inclusion of guidelines for “organic” claims in the next revision of the …
Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman
Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman
Missouri Law Review
Pipeline construction is booming in the United States, yet it remains a polarizing topic for many because of environmental concerns. On the one hand, pipelines bring increased energy independence for the United States and are one of the safest ways to transport oil and gas.At the same time, fears of environmental damage have led to a growing and fierce opposition to pipeline construction. After the massive offshore rig spill in the Gulf of Mexico in 2010, resistance to new projects like the Keystone Pipeline has received widespread media coverage. The protests of the Dakota Access Pipeline on the Standing Rock …
Endangering Missouri’S Captive Cervid Industry, Lauren Hunter
Endangering Missouri’S Captive Cervid Industry, Lauren Hunter
Missouri Law Review
This Note seeks to explore the validity of regulations proposed by the Commission to prevent the spread of chronic wasting disease (“CWD”) – a fatal neurodegenerative disease – in cervids, such as white-tailed deer. Part II discusses the facts and circumstances surrounding the Missouri Supreme Court’s decision in Hill v. Missouri Department of Conservation. Part III dissects the delicate balance between private property interests and government interests, the scope of the Commission’s regulatory authority, as well as the driving forces behind the “right-to-farm” amendment to the Missouri Constitution. Part IV unpacks the court’s reasoning in Hill before concluding with a …
Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt
The Business, Entrepreneurship & Tax Law Review
This article examines the Treasury’s 2017 proposals refining Section 170(h). This article assesses the likely effects of the Treasury’s proposals by discussing their impact in four key ways: (1) the new requirements placed on “qualified organizations” who receive conservation easement contributions; (2) donors’ increased substantiation requirements; (3) the exclusion of golf courses from Section 170(h) eligibility; and (4) the pilot conservation easement tax credit program. For each of these, this article will: examine the category’s current Section 170(h) regulatory treatment, if any, outline what the new proposals require, and then walk through the likely effects of these proposals. This article …
Clean Energy Tax Credits: Creating An Energy Welfare State Or Saving The Planet, K. Alex Langley
Clean Energy Tax Credits: Creating An Energy Welfare State Or Saving The Planet, K. Alex Langley
The Business, Entrepreneurship & Tax Law Review
This article addresses possible tax incentives that may be available in addition to or as an alternative to current tax credits. First, it will provide an overview of America’s ever-evolving energy policy. This section explains why the country’s energy policies resemble a rollercoaster. Second, this article offers a brief history of tax credits, specifically clean energy tax credits and fossil fuel tax credits. Part three describes Master Limited Partnerships (“MLPs”) and Real Estate Investment Trusts (“REITs”), two tax-flavored entity choices used by the oil and gas industry to improve their bottom line. Specifically, part three explores the tax benefits of …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg
Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg
Journal of Environmental and Sustainability Law
No abstract provided.
Editor's Perspective
Journal of Environmental and Sustainability Law
No abstract provided.
Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett
Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett
Journal of Environmental and Sustainability Law
No abstract provided.
A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne
A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne
Journal of Environmental and Sustainability Law
No abstract provided.
Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch
Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch
Journal of Environmental and Sustainability Law
No abstract provided.
Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman
Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman
Journal of Environmental and Sustainability Law
No abstract provided.
Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch
Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch
Journal of Environmental and Sustainability Law
No abstract provided.
Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen
Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen
Journal of Environmental and Sustainability Law
No abstract provided.
Editor's Perspective
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Raisin Act: Regulation Or Confiscation?, Yelena Bosovik
The Raisin Act: Regulation Or Confiscation?, Yelena Bosovik
Journal of Environmental and Sustainability Law
No abstract provided.
Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid
Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid
Journal of Environmental and Sustainability Law
No abstract provided.
The Cost Of Allowing The Public To Enjoy The Lake Of The Ozarks: Should Landowners Be Protected Over The Public?, Alex Langley
The Cost Of Allowing The Public To Enjoy The Lake Of The Ozarks: Should Landowners Be Protected Over The Public?, Alex Langley
Journal of Environmental and Sustainability Law
No abstract provided.
To Peat Mine Or Not To Peat Mine: The Supreme Court’S Opportunity To Determine If A “Clean Water Act” Approved Jurisdictional Determination Affects A Landowner’S Legal Rights, Garrett Pratt
Journal of Environmental and Sustainability Law
No abstract provided.
Pollution Problems In Paradise: Does The Clean Water Act Apply To Groundwater Pollution In Maui?, Brett Smith
Pollution Problems In Paradise: Does The Clean Water Act Apply To Groundwater Pollution In Maui?, Brett Smith
Journal of Environmental and Sustainability Law
No abstract provided.
Change Is In The Wind: The Need For Wind Power In Missouri & The Obstacles That Stand In The Way, Ellyn Horan
Change Is In The Wind: The Need For Wind Power In Missouri & The Obstacles That Stand In The Way, Ellyn Horan
Journal of Environmental and Sustainability Law
No abstract provided.