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Full-Text Articles in Law
Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson
Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson
Pepperdine Law Review
Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and public health purposes of the environmental laws when interpreting those statutes due to the rise in textualism, the declining influence of the Chevron doctrine, and the increasing willingness of courts to defer to agency underenforcement of statutory responsibilities across all regulatory statutes. In 2020, the Environmental Protection Network, …
Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness
Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness
Pepperdine Law Review
No abstract provided.
Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento
Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento
Pepperdine Law Review
No abstract provided.
The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester
The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester
Pepperdine Law Review
No abstract provided.
Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson
Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson
Pepperdine Law Review
No abstract provided.
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Pepperdine Law Review
No abstract provided.
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
Pepperdine Law Review
In 2009, the promise of a comprehensive federal cap and trade bill to address climate change fell apart. At least in part, this was due to the fears that exotic 'carbon' financial instruments might cause more financial crises. As California launches it economy wide carbon trading system, and other regional systems and the even possibly the EPA consider cap and trade, it is important to revisit what, if anything, about carbon denominated financial instruments might lead to financial market problems. The most problematic of the instruments, offsets, can be designed to lessen financial risk from underlying asset failure.