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Environmental Law

Sea Grant Law Fellow Publications

Articles 1 - 30 of 44

Full-Text Articles in Law

Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter Jun 2021

Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter Jun 2020

Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter Jun 2020

Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter Apr 2020

Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter Apr 2020

Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter Jun 2019

Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter

Sea Grant Law Fellow Publications

This study reviews the potential takings liability associated with government development of wind turbine projects in offshore areas. It begins by introducing the development of the offshore wind industry in the U.S. and the benefits and potential impacts associated with this industry. Section 2 explains and evaluates potential takings claims under each of four theories: (1) direct appropriation or physical invasion; (2) categorical takings; (3) partial takings; and (4) nuisance takings. Section 3 concludes.


Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts Feb 2019

Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts

Sea Grant Law Fellow Publications

No abstract provided.


Comparative Analysis Of State Regulation Of Direct-To-Market Sales Of Finfish, Marine Affairs Institute, Roger Williams University School Of Law, James Philopena Jr. Feb 2019

Comparative Analysis Of State Regulation Of Direct-To-Market Sales Of Finfish, Marine Affairs Institute, Roger Williams University School Of Law, James Philopena Jr.

Sea Grant Law Fellow Publications

No abstract provided.


Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann Jun 2018

Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann

Sea Grant Law Fellow Publications

No abstract provided.


Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman Nov 2017

Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman

Sea Grant Law Fellow Publications

No abstract provided.


Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson Aug 2017

Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson

Sea Grant Law Fellow Publications

This study reviews the legal requirements governing design and construction of a proposed universally-accessible fishing pier located at the Rhode Island Veterans’ Home in Bristol, Rhode Island. The pier would provide veterans and other members of the public with accessible recreational fishing opportunities. However, federal, state, and local approvals will be required before the project can move forward. This study provides an overview of required permitting and approvals by the Coastal Resources Management Council (CRMC), Town of Bristol, and U.S. Army Corps of Engineers (USACE). In addition, it considers the role of the Rhode Island Department of Environmental Management (RIDEM) …


Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann Jul 2017

Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann

Sea Grant Law Fellow Publications

This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …


Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman Mar 2017

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.


Governmental Tort Liability For Disclosure Of Flood Hazard Information (Legal Fact Sheet Ctsg-17-04), Audrey Elzerman Jan 2017

Governmental Tort Liability For Disclosure Of Flood Hazard Information (Legal Fact Sheet Ctsg-17-04), Audrey Elzerman

Sea Grant Law Fellow Publications

Local governments and governmental entities, their employees, and members of their boards and commissions may be subjected to lawsuits in connection with municipal activities.This fact sheet reviews claims that may arise against them under tort law for negligence related to coastal management actions.


Property And Permitting Boundaries At The Shoreline (Legal Fact Sheet: Ctsg-17-03), Audrey Elzerman Jan 2017

Property And Permitting Boundaries At The Shoreline (Legal Fact Sheet: Ctsg-17-03), Audrey Elzerman

Sea Grant Law Fellow Publications

The determination of the boundary between public and private areas of the shoreline can be a topic of substantial interest and dispute, especially as the environment changes over time. This document explains the property and regulatory boundaries that apply in Connecticut and how those boundaries change.


Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks Dec 2016

Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks

Sea Grant Law Fellow Publications

No abstract provided.


Regional Framework For Coastal Resilience In Southern Connecticut: Legal, Policy, And Regulatory Assessment, Marine Affairs Institute (Mai), Roger Williams University School Of Law Aug 2016

Regional Framework For Coastal Resilience In Southern Connecticut: Legal, Policy, And Regulatory Assessment, Marine Affairs Institute (Mai), Roger Williams University School Of Law

Sea Grant Law Fellow Publications

No abstract provided.


Burdens On Public Access, Elizabeth Blank Jan 2013

Burdens On Public Access, Elizabeth Blank

Sea Grant Law Fellow Publications

No abstract provided.


Shifting Seas: The Law's Response To Changing Ocean Conditions, Casey Schickling Nov 2012

Shifting Seas: The Law's Response To Changing Ocean Conditions, Casey Schickling

Sea Grant Law Fellow Publications

No abstract provided.


Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon Jan 2012

Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon

Sea Grant Law Fellow Publications

No abstract provided.


Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling Jan 2012

Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling

Sea Grant Law Fellow Publications

No abstract provided.


The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox

Sea Grant Law Fellow Publications

No abstract provided.


Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman Jan 2012

Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman

Sea Grant Law Fellow Publications

No abstract provided.


The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme

Sea Grant Law Fellow Publications

No abstract provided.


Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker Jan 2011

Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker

Sea Grant Law Fellow Publications

No abstract provided.


National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner Dec 2008

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

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Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter Oct 2008

Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter

Sea Grant Law Fellow Publications

No abstract provided.


No Sanctions For Vessel Carrying Shark Fins, Alicia Schaffner Jul 2008

No Sanctions For Vessel Carrying Shark Fins, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.


Court Denies Regulatory Taking In Designated Port Area, Alicia Schaffner Apr 2008

Court Denies Regulatory Taking In Designated Port Area, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.


Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner Jan 2008

Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.