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Articles 1 - 30 of 205
Full-Text Articles in Law
Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels
Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels
BYU Law Review
For a number of years, many within the environmental legal community have advocated an all-out attack strategy of forcing the United States to address climate change by bringing novel lawsuits under existing environmental laws. In 2007, with the seminal case of Massachusetts v. EPA, it appeared that those advocating this strategy had a winning game plan. That sense grew and solidified when the Obama Administration came to power. However, over the past several years, we have seen a countervailing movement embodied in a growing resentment towards EPA and climate change policy in general. This movement has mobilized into a powerful …
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
BYU Law Review
No abstract provided.
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
BYU Law Review
Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public organizations in the blowout of the Macondo well in the Gulf of Mexico. Its theoretical lens is the “paradox of organizing,” a frame that I suggest should be applied to interorganizational responses to low-probability, high-consequence events. The struggle to differentiate tasks and subunits and then piece them together during moments of …
Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister
Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister
BYU Law Review
No abstract provided.
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
BYU Law Review
In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
BYU Law Review
The Deepwater Horizon oil spill that lasted from April to September 2010 was not only the worst oil spill disaster in United States history, but also the first to occur at great depth. Drilling at great depth multiplies the risks and complications of offshore oil extraction. It also, as this Article explores, makes natural resource damages a decisively inadequate remedy for the injuries done to the Gulf of Mexico’s (the “Gulf”) ecosystems, especially the poorly understood but highly productive ecosystems that exist almost a mile below the surface. This Article argues that our current natural resource damages regimes for oil …
Foreword: Environmental Law At Uci, Alejandro E. Camacho, Joseph F.C. Dimento, Michael Robinson-Dorn
Foreword: Environmental Law At Uci, Alejandro E. Camacho, Joseph F.C. Dimento, Michael Robinson-Dorn
UC Irvine Law Review
No abstract provided.
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
William & Mary Environmental Law and Policy Review
No abstract provided.
Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White
Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White
Washington Journal of Environmental Law & Policy
This article rebuts certain assertions made by Mr. Thomas Schlosser in a recent article entitled Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements. The Klamath hydroelectric dams are not causing degrading fish disease conditions in the Klamath Basin. Dewatering Trust Responsibility overlooks the effects of water diversions for agriculture, pollution from pesticides and industrial operations and habitat degradation from timbering, ranching and other human activities on current Basin conditions. Under the Klamath Hydroelectric Settlement Agreement and the Federal Energy Regulatory Commission license, PacifiCorp is taking extensive measures to protect aquatic resources in the Basin prior to …
Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke
Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke
Washington Journal of Environmental Law & Policy
Current Forest Service fire management policies restrict NEPA’s application to fire suppression actions and contribute to a lack of detailed information about the effectiveness and environmental impact of suppression efforts. Decisions by the U.S. District Court for the District of Montana in the Forest Service for Environmental Ethics v. U.S. Forest Service litigation suggest that NEPA review applies to commonly used fire suppression tactics and that the Forest Service should conduct this review before fires occur. Other recent federal district court decisions and congressional concern with current fire suppression efforts support the need for NEPA review in the fire suppression …
Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld
Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld
Washington Journal of Environmental Law & Policy
The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …
Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman
Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman
Washington Journal of Environmental Law & Policy
When Congress set aside reservations as permanent homelands for American Indian people, it intended that the reservations remain “livable environments.” When resource conflicts arise in “checkerboard” areas outside Indian reservations—where land ownership alternates between a tribe, state, the federal government and private, non-Indian landowners—disputes over regulatory jurisdiction and environmental protection intensify. Two recent Tenth Circuit opinions determining the next generation of uranium mining in the checkerboard area of the Navajo Nation, depart from the intent of environmental laws and fail to uphold federal agencies’ trust responsibilities to the Tribe. These cases illustrate the legal vulnerabilities tribal communities in checkerboard areas …
Lines In The Sand: Contrasting Advocacy Strategies For Environmental Protection In The Twenty-First Century, Joel R. Reynolds, Damon K. Nagami
Lines In The Sand: Contrasting Advocacy Strategies For Environmental Protection In The Twenty-First Century, Joel R. Reynolds, Damon K. Nagami
UC Irvine Law Review
No abstract provided.
Worthy Of Their Name? Addressing Aquatic Nuisance Species With Common Law Public Nuisance Claims, Christopher Grubb
Worthy Of Their Name? Addressing Aquatic Nuisance Species With Common Law Public Nuisance Claims, Christopher Grubb
Chicago-Kent Law Review
Aquatic invasive species like the Asian carp and zebra mussel have caused grave ecological and economic harm across the United States, and frequently harm rights common to the public such as boating, fishing, and bathing. Yet, Congress' efforts to address the problem through legislation have been piecemeal and unsuccessful. Historically, the common law of public nuisance served as an important tool to remedy transboundary pollution. More recently, courts have established that such public nuisance claims will be displaced where Congress has comprehensively regulated in a field. This Note explores whether public nuisance claims involving aquatic invasive species should be displaced …
Climate Change And The Evolution Of Property Rights, Holly Doremus
Climate Change And The Evolution Of Property Rights, Holly Doremus
UC Irvine Law Review
No abstract provided.
Ecofarming: A Realistic Vision For The Future Of Agriculture?, Barton H. Thompson Jr.
Ecofarming: A Realistic Vision For The Future Of Agriculture?, Barton H. Thompson Jr.
UC Irvine Law Review
No abstract provided.
The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham
William & Mary Environmental Law and Policy Review
This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
William & Mary Environmental Law and Policy Review
No abstract provided.
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
William & Mary Environmental Law and Policy Review
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Waste Not, Want Not: Low-Level Radioactive Waste And The United States' Need For A Revised System Of Disposal. Energysolutions, Llc V. Utah, Mark A. Abbott
Waste Not, Want Not: Low-Level Radioactive Waste And The United States' Need For A Revised System Of Disposal. Energysolutions, Llc V. Utah, Mark A. Abbott
Journal of Environmental and Sustainability Law
No abstract provided.
Secular Vs. Sacred: Nepa Again Proves To Be An Ineffective Tool To Protect Sacred Land. Pit River Tribe, Et Al. V. United States Forest Service, Et Al., Joshua K. Friel
Secular Vs. Sacred: Nepa Again Proves To Be An Ineffective Tool To Protect Sacred Land. Pit River Tribe, Et Al. V. United States Forest Service, Et Al., Joshua K. Friel
Journal of Environmental and Sustainability Law
No abstract provided.
A Supplemental Labeling Regime For Organic Products: How The Food, Drugs, And Cosmetic Act Hampers A Market Solution To An Organic Transparency Problem , Ariele Lessing
A Supplemental Labeling Regime For Organic Products: How The Food, Drugs, And Cosmetic Act Hampers A Market Solution To An Organic Transparency Problem , Ariele Lessing
Journal of Environmental and Sustainability Law
No abstract provided.
Crying Over Spilt Milk: A Closer Look At Required Disclosures And The Organic Milk Industry. International Dairy Foods Association V. Boggs, David A. Martin
Crying Over Spilt Milk: A Closer Look At Required Disclosures And The Organic Milk Industry. International Dairy Foods Association V. Boggs, David A. Martin
Journal of Environmental and Sustainability Law
No abstract provided.
Do Polluters Truly Pay? A Chip In The "Potentially Responsible Parties" Analysis For Hazardous Waste Cleanup. Celanese Corporation V. Martin K. Eby Construction Company, Inc., Katherine E. Vogt
Journal of Environmental and Sustainability Law
No abstract provided.
Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep In The Heart Of Texas. Sierra Club, Inc. V. Sandy Creek Energy Assoc., L.P., Kristen R. Michael
Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep In The Heart Of Texas. Sierra Club, Inc. V. Sandy Creek Energy Assoc., L.P., Kristen R. Michael
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Real-Time Economic Analysis And Policy Development During The Bp "Deepwater Horizon" Oil Spill, Joseph E. Aldy
Real-Time Economic Analysis And Policy Development During The Bp "Deepwater Horizon" Oil Spill, Joseph E. Aldy
Vanderbilt Law Review
The 2010 BP Deepwater Horizon oil spill posed near-term economic risks to the Gulf of Mexico region and raised questions about appropriate policies to mitigate catastrophic oil-spill risks. This Essay reviews the Obama Administration's assessment of the economic vulnerabilities to the spill, the Administration's May 12, 2010, legislative proposal focused on minimizing the adverse economic impacts to workers and small businesses in the Gulf of Mexico, and the effort to secure an agreement with BP to ensure that those harmed by the spill will receive full compensation. Then, the Essay discusses several of the policy reforms advanced by the Administration …
Coastal Wetland Restoration And The "Deepwater Horizon" Oil Spill, Edward B. Barbier
Coastal Wetland Restoration And The "Deepwater Horizon" Oil Spill, Edward B. Barbier
Vanderbilt Law Review
Both the 2005 Hurricanes Katrina and Rita and the 2010 BP oil spill have focused attention on the need to restore coastal wetland habitats along the Gulf of Mexico of the United States. As restoration is required by the Oil Pollution Act of 1990, restoring coastal wetlands will be required as part of BP's legal obligations. Although plans to restore the Mississippi River Delta are well on their way, the damages to the Gulf Coast wetlands caused by the Deepwater Horizon spill are still occurring and have yet to be fully assessed. At this critical time for wetland restoration in …
Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser
Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser
Vanderbilt Law Review
The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability structure for deep-sea oil drilling and for catastrophic risks generally. It delineates a two-tier system of liability. The first tier would impose strict liability up to the firm's financial resources, including insurance coverage. The second tier would be an annual tax equal to the expected costs in the coming year beyond this damages amount. Before beginning a risky operation, the proposed liability scheme would identify a single firm-the …