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Articles 1 - 30 of 30
Full-Text Articles in Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
Legal Pathways To Biden's Climate Goals, Michael B. Gerrard
Legal Pathways To Biden's Climate Goals, Michael B. Gerrard
Faculty Scholarship
Achieving President Biden’s goal of net-zero greenhouse gas emissions by 2050, with interim targets of being halfway there by 2030 and having entirely clean electricity by 2035, is possible with law and technologies that already exist or can be readily imagined. In the process, many more jobs would be created than lost, and aspects of the environment beyond climate change would be greatly improved. But it is a massive undertaking.
Controlling Biogenic Volatile Organic Compounds For Air Quality, Brian Sawers
Controlling Biogenic Volatile Organic Compounds For Air Quality, Brian Sawers
Indiana Law Journal
This Article tells a story that is true but seems completely wrong: Trees can make air pollution worse. Smog and ground-level ozone require two chemical ingredients to form: nitrous oxides (NOx) and volatile organic compounds (VOCs). On a warm, sunny day, these two precursors combine to form smog and ground-level ozone, a pollutant. While NOx are pollutants that are largely human-created, VOCs can originate with plants. In fact, emissions of just one type of VOC from trees exceed all human-caused emissions.
This Article presents new research on the impact of plants, especially trees, on air quality. The science is complicated …
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Public Land & Resources Law Review
In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …
A "Delicate Balance": How Agency Nonacquiescence And The Epa's Water Transfer Rule Dilute The Clean Water Act After Catskill Mountains Chapter Of Trout Unlimited, Inc. V. City Of New York, Kevin J. Haskins
Maine Law Review
Congress enacted the Clean Water Act (CWA) in 1972 with the express objective of restoring and maintaining the health of the nation’s waters. To achieve this objective, Congress declared that discharges of pollutants into the nation’s waters are prohibited unless they comply with permit requirements. The CWA’s primary vehicle for regulating discharge permits is the National Pollutant Discharge Elimination System, or NPDES. The CWA defines the phrase “discharge of a pollutant” as the “addition of any pollutant to navigable waters from any point source.” Although the CWA further defines the terms “pollutant,” “navigable waters,” and “point source,” it fails to …
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Vol. 7 No. 2, Spring 2016; Muddy Waters: Why Polluted Groundwater Infiltrating Navigable Waters Should Not Be Excluded From National Pollutant Discharge Elimination System Permitting, Tad Juilfs
Northern Illinois Law Review Supplement
The debate over whether the Clean Water Act has jurisdiction over migratory groundwater in the same way that it does over navigable waters of the United States (regarding effluent standards) has left a wide split among courts attempting to interpret and apply the policy, goals, and language of the law. The problem lies in the difference between applying the law given its objectives and goals, or in a strict fashion using simply the language in the text of the Clean Water Act, while supplementing support from legislative and case law history. First in this Note, background information is provided regarding …
Slides: What We Know (And Don't Know) About Air Quality Impacts Of Oil And Gas Development, Anna Karion
Slides: What We Know (And Don't Know) About Air Quality Impacts Of Oil And Gas Development, Anna Karion
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Anna Karion, NOAA/ESRL, University of Colorado/CIRES
35 slides
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Richard E. Schwartz, Crowell & Moring LLP
38 slides
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Chicago-Kent Law Review
The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
West Virginia Law Review
No abstract provided.
Writing A Check That The State Can't Cash: Water Pollution From Coal Mining And The Imminent And Inevitable Failure Of The West Virginia Special Reclamation Fund, Sarah J. Surber
Applied Safety & Technology Faculty Research
After decades of financial decadence and total dominance over political processes, coal companies have hit desperate times. Cheap, abundant natural gas recently emerged, driving demand for coal for energy production and coal prices down. The United States Environmental Protection Agency (EPA) finally moved to more stringent emissions limitations for coal-fired power plants under the Clean Air Act. Concurrently, the public demanded improvements in safety technology after several tragic mining accidents resulted from lax safety measures and a corporate culture of recklessness. During this time, environmental citizen groups worked to ensure that mining companies no longer violated the Clean Water Act …
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Alan E. Curtis, White & Jankowski, LLP
23 slides
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level
8 slides
The Arctic Council At 15 Years: Edging Forward In A Sea Of Governance Challenges, David Vanderzwaag
The Arctic Council At 15 Years: Edging Forward In A Sea Of Governance Challenges, David Vanderzwaag
Articles, Book Chapters, & Popular Press
With the impacts of climate change on the Arctic, including the thinning and decreasing extent of sea ice and projected dramatic increases in access to and development of regional resources, the adequacy of existing governance arrangements for the Arctic is increasingly being questioned. Through a two-part format, this article reviews how the Arctic Council is faring as the key regional governance institution for the Arctic since being established pursuant to a Declaration adopted by the eight Arctic States in September 1996. How the Council has edged forward the regional cooperation agenda through its six working groups and Ministerial meetings is …
Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO
18 slides
Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles
Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles
Publications
Inhaling air pollutants can lead to a variety of adverse respiratory and cardiovascular health effects. This potential risk for health impacts is likely greater when the mixture of pollutants that exists in ambient air, rather than isolated pollutants, are inhaled. Despite the evidence of potential cumulative impacts, EPA has continued to focus its analysis of health impacts on isolated pollutants instead of the actual mixture we breathe. This article proposes that EPA should evaluate and consider cumulative health impacts when it sets national ambient air quality standards under the Clean Air Act. EPA is considering two pollutants together to determine …
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center
23 slides
Implications Of The Precautionary Principle For Environmental Regulation In The United States: Examples From The Control Of Hazardous Air Pollutants In The 1990 Clean Air Act Amendments, Bernard D. Goldstein, Russellyn S. Carruth
Implications Of The Precautionary Principle For Environmental Regulation In The United States: Examples From The Control Of Hazardous Air Pollutants In The 1990 Clean Air Act Amendments, Bernard D. Goldstein, Russellyn S. Carruth
Law and Contemporary Problems
Goldstein and Carruth argue that the hazardous air pollutant provisions of the 1990 Clean Air Act Amendments provide an example of the Precautionary Principle incorporated into US environmental legislation. Evaluating the outcome thus far leads them to the conclusion that utilizing the Precautionary Principle as a basis for legislation can be problematic to public-health goals.
Tmdl Implementation Under The Clean Water Act, Bruce Zander
Tmdl Implementation Under The Clean Water Act, Bruce Zander
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
17 pages (includes illustrations and maps).
Contains references.
Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel
Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel
Scholarly Works
Responding to the flurry of environmental coverage litigation over the application of the “sudden and accidental” pollution exclusion, the insurance industry during the mid-1980s largely adopted new standard pollution exclusion language for commercial general liability (CGL) policies. Since the mid-1980s, the standard form CGL has included the so-called absolute pollution exclusion, which provides that the insurance does not apply to bodily injury or property damage “arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.” A “pollutant” is defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, …
The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach
The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach
John C. Dernbach
No abstract provided.
Out Of Focus, John C. Dernbach
Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman
Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
32 pages.
Contains footnotes.
Maine Nonpoint Source Pollution Assessment Report, Bureau Of Water Quality Control
Maine Nonpoint Source Pollution Assessment Report, Bureau Of Water Quality Control
Maine Collection
Maine Nonpoint Source Pollution Assessment Report
Prepared by the Maine Department of Environmental Protection, Bureau of Water Quality Control, Augusta, Maine 1989.
Contents: Executive Summary / Introduction / Methodology / Statewide Water Quality Summary / State And Local Agency Programs for Control of Nonpoint Source Pollution / Process for Identification of Best Management Practices and Associated Standards / List of References / List of Figures / List of Tables
Agenda For Action - Casco Bay, Department Of Environmental Protection
Agenda For Action - Casco Bay, Department Of Environmental Protection
Maine Collection
Agenda For Action - Casco Bay
Department of Environmental Protection, Augusta, Maine (January, 1989)
Contents: Introduction / The Problems : Bacteria, Toxics, Nutrients / The Solutions / Recommendations / References
Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley
Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley
Western Water Law in Transition (Summer Conference, June 3-5)
54 pages.
Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton
Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
42 pages.
Contains 6 pages of endnotes.