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Articles 1 - 14 of 14
Full-Text Articles in Law
Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann
Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann
Faculty Scholarship
In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Book Gallery
This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
Maryland Law Review Online
No abstract provided.
Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle
Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle
Maryland Law Review Online
No abstract provided.
Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival
Congressional Testimony
No abstract provided.
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Faculty Scholarship
Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the …
Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei
Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei
Faculty Scholarship
No abstract provided.
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Maryland Law Review
No abstract provided.
Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival
Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival
Faculty Scholarship
No abstract provided.
Anti-Waste, Michael Pappas
Anti-Waste, Michael Pappas
Faculty Scholarship
It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.
Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or …
The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu
The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu
Faculty Scholarship
No abstract provided.
Energy Versus Property, Michael Pappas
Energy Versus Property, Michael Pappas
Faculty Scholarship
This article is the first to detail the balance legislatures and courts have struck between private property rights and the compelling public interest in energy production. By examining how property rights have consistently yielded to energy development from colonial times to the most recent decisions involving hydraulic fracturing (“fracking”), it identifies a coherent energy/property balance that has shaped property expectations to accommodate energy needs. The article then applies this insight to current disputes pitting aggressive renewable energy policies— such as nuisance immunity or mandatory installations on private property— against fundamental property expectations— the right to exclude and the right to …