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Full-Text Articles in Law

The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications, Lynn K. Neuner, W. Nicholson Price Aug 2010

The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications, Lynn K. Neuner, W. Nicholson Price

Articles

More than 300 lawsuits have already been filed in Louisiana, Florida, Texas, Mississippi, and Alabama against BP and other corporations involved in the Deepwater Horizon oil spill, including Transocean, Halliburton, and Cameron, with thousands more anticipated. This article briefly addresses the contours of the coverage lawsuit already filed against BP and other coverage disputes we may see in the future.


From Climate Change And Hurricanes To Ecological Nuisances: Common Law Remedies For Public Law Failures?, Stephen M. Johnson Jan 2010

From Climate Change And Hurricanes To Ecological Nuisances: Common Law Remedies For Public Law Failures?, Stephen M. Johnson

Articles

Part I of this article explores the role that the common law played in addressing environmental problems prior to the development of a robust public law regime in the 1970s and the changing role of common law as the new regime was implemented. Part II of the article examines the reasons why there has been a renaissance in common law actions and why the trend could continue. Part III of the article discusses the recent federal appellate court decisions that could accelerate the common law renaissance, as well as some other recent federal court decisions that could slow the renaissance. …


The Roberts Court And The Environment, Stephen M. Johnson Jan 2010

The Roberts Court And The Environment, Stephen M. Johnson

Articles

During the October 2008 Term, the Supreme Court decided five cases that raised issues of environmental law and the environment was the loser in each case. While it may be difficult to characterize the decisions of the Roberts Court, generally, as “pro-environment” or “antienvironment,” a couple themes consistently appear in the Court’s decisions. First, in most of the environmental cases, the Court has adopted a position advocated or defended by a federal, state or local government when governmental interests are at issue. Second, in all of the cases that implicate federalism concerns, the Court has rendered decisions that favor States’ …


Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long Jan 2010

Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long

Articles

No abstract provided.


Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long Jan 2010

Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long

Articles

No abstract provided.


Conservation-Reliant Species And The Future Of Conservation, Dale Goble Jan 2010

Conservation-Reliant Species And The Future Of Conservation, Dale Goble

Articles

Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …


Ackerson V. Bean Dredging, L.L.C., 589 F.3d 196 (5th Cir. 2009), Jessica M. Long Jan 2010

Ackerson V. Bean Dredging, L.L.C., 589 F.3d 196 (5th Cir. 2009), Jessica M. Long

Articles

No abstract provided.


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble Jan 2010

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

Articles

The objective of the Endangered Species Act is to "recover" imperiled species and thus to render the Act's conservation tools unnecessary To achieve this goal, the drafters of the Act crafted a linear process that begins with an assessment of the threats facing the species and moves through the elimination of those threats to the recovery and delisting of the species. It has become increasingly apparent over the past decade that few species fit this model- most species face threats-altered habitats and competition with invasive species-that cannot be eliminated. These species are "conservation reliant" because they will require ongoing conservation …


Standing, On Appeal, Amy J. Wildermuth, Lincoln L. Davies Jan 2010

Standing, On Appeal, Amy J. Wildermuth, Lincoln L. Davies

Articles

Scholarly criticism of standing doctrine is hardly new, but a core problem with standing jurisprudence remains overlooked: How do parties challenging administrative decisions factually prove that they have standing on appeal when appellate courts normally do not conduct fact finding? This Article attempts to tackle that problem. It combines a four-pronged normative procedural justice model with an empirical study of appellate cases to conclude that (1) although this issue arises in a relatively narrow set of cases, the number of such cases is growing and (2) existing judicial solutions to the problem are deficient. Thus, after exploring several options — …


Is Environmental Law A Barrier To Emerging Alternative Energy Sources, Amy J. Wildermuth Jan 2010

Is Environmental Law A Barrier To Emerging Alternative Energy Sources, Amy J. Wildermuth

Articles

My aim in this article is to explore the environmental law-energy divide from the environmental law perspective. In doing so, I will examine the impact of environmental law on energy use and energy sources today, focusing particularly on the development of alternative energy. Professor Lincoln Davies has taken up the same task---exploring the environmental law-energy divide-but from the perspective of energy law. Our collective goal is to inspire a discussion about how energy law and environmental law interact and what that means for energy development and use. We also hope to provide some ideas, based on lessons from alternative energy …


'Have We All Gone Bats?' - The Strict Protection Of Wildlife Under The Habitats Directive And Tourism Development: Some Lessons From Ireland, Marc Mcdonald Jan 2010

'Have We All Gone Bats?' - The Strict Protection Of Wildlife Under The Habitats Directive And Tourism Development: Some Lessons From Ireland, Marc Mcdonald

Articles

This article explores the impact of the legal protection of bats under EU wildilfe legislation on tourism development in Ireland.


Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens Jan 2010

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.


Crimes On The Gulf, David M. Uhlmann Jan 2010

Crimes On The Gulf, David M. Uhlmann

Articles

The explosion that rocked the Deepwater Horizon oil rig on April 20, 2010, killed 11 workers and triggered the worst environmental disaster in U.S. history. After six weeks of failed efforts to stop the gushing oil and protect the fragile ecosystem of the Gulf of Mexico and the communities along its shores, President Obama pledged on June 1 that “if our laws were broken . . . we will bring those responsible to justice.”