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Full-Text Articles in Law
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 …
Causation In Fact In Omission Cases, David A. Fischer
Causation In Fact In Omission Cases, David A. Fischer
Faculty Publications
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.
Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis
Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis
Faculty Publications
This article discusses that law in two parts. The first part examines the federal and Missouri waste discharge regulatory system. The second part analyzes common law rights and remedies related to water pollution.
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Faculty Publications
Both federal and state water pollution control statutes require dramatic reductions in waste discharges, but not their total elimination. Those statutes require establishing water quality standards for receiving waters and presume that they will be adequate to assimilate the residual post treatment wastes. But nothing is those statutes assures that minimum flows for waste assimilation in fact will remain in existence. Neither the common law nor eastern and western diversion permit statutes expressly provide direct means for establishing such minimum protected flows for residual waste assimilation. Those means include establishing minimum flows for fish and wildlife habitat and recreation purposes …