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Full-Text Articles in Law

Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel Dec 2012

Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel

Chicago-Kent Law Review

The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …


An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin Aug 2012

An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin

Touro Law Review

No abstract provided.


It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier Jul 2012

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.


The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley Jan 2012

The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley

Global Business Law Review

The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA (Resource Conservation and Recovery Act) Citizen suit provision, barring any remedy for the Ohio citizens who brought the suit. This flawed interpretation has been adopted nationwide by other Appellate Circuit Courts. This article compares the remedies available to U.S. citizens for environmental harms with those remedies available to the citizens under …