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Articles 691 - 720 of 2061
Full-Text Articles in Administrative Law
Administrative Law's Extraordinary Cases, Jonathan Skinner-Thompson
Administrative Law's Extraordinary Cases, Jonathan Skinner-Thompson
Publications
The Supreme Court's major questions doctrine is grounded in the Chevron framework. Reconstituting it as a "major rules" exception to Chevron or as a non-delegation principle are misguided and create greater uncertainty.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law
Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …
Waived: The Detrimental Implications Of U.S. Immigration And Border Security Measures On Southern Border Tribes – An Analysis Of The Impact Of President Trump’S Border Wall On The Tohono O’Odham Nation, Keegan C. Tasker
American Indian Law Journal
No abstract provided.
Case Law On American Indians August 2018-2019, Thomas P. Schlosser
Case Law On American Indians August 2018-2019, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore
Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore
American Indian Law Journal
In 1976, Congress passed the Resource Conservation and Recovery Act (“RCRA”) to curtail the growing problem of disposing of hazardous waste and toxic substances generally. Decades prior, Congress established the Federal Tort Claims Act (“FTCA”) to hold the federal Government liable for tortious conduct the same way a private citizen would be. The federal government assumed the responsibility to ensure the wellbeing of Native Nations (“NN”). This is commonly referred to the “Trust Doctrine.” This duty stems from the settlement of Native American lands, and a recognition of the treaties entered into by the United States with a “moral [obligation] …
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.
The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola
The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola
Journal of Law and Policy
Executive Order 12898—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—was issued to achieve “environmental protection for all communities” by drawing federal agencies’ attention to the environmental and human health effects brought about by their actions. The National Environmental Policy Act (NEPA) sets forth a detailed process which aims to ensure that each agency will have available, and will consider, a carefully detailed compilation of information concerning significant environmental impacts resulting from federal actions before taking those actions. Realizing the Executive Order’s goal, however, is rendered problematic, in part because of the difficulty in challenging an Environmental …
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
Preview—County Of Maui, Hawaii V. Hawaii Wildlife Fund: Clean Water Act Regulation Of Point Source Pollution Conveyed Through Groundwater, Connlan W. Whyte
Preview—County Of Maui, Hawaii V. Hawaii Wildlife Fund: Clean Water Act Regulation Of Point Source Pollution Conveyed Through Groundwater, Connlan W. Whyte
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Wednesday, November 6, 2019, at 10:00 a.m. at the Supreme Court Building in Washington, D.C. Elbert Lin will likely appear for the Petitioner. David Lane Henkin will likely appear for the Respondents. Solicitor General, Noel J. Francisco, will argue on behalf of the United States.
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Public Land & Resources Law Review
WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Public Land & Resources Law Review
In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Public Land & Resources Law Review
The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.
Knick V. Township Of Scott, Alizabeth A. Bronsdon
Knick V. Township Of Scott, Alizabeth A. Bronsdon
Public Land & Resources Law Review
The Supreme Court overruled a 34-year-old precedent and sparked a sharp dissent by holding that a landowner impacted by a local ordinance requiring public access to an unofficial cemetery on her property could bring a takings claim directly in federal court. The decision eliminated a Catch-22 state-litigation requirement that effectively barred local takings plaintiffs from federal court, but raised concerns about government land use and regulation, judicial federalism, and the role of stare decisis.
Sturgeon V. Frost, Layne L. Ryerson
Sturgeon V. Frost, Layne L. Ryerson
Public Land & Resources Law Review
After two trips to the United States Supreme Court, an Alaskan moose hunter secured motorized access to his hunting ground while establishing Alaska as the exception, rather than the rule, regarding federal land management. In a much-anticipated holding, the Court determined that the surface waters of the Nation River within the Yukon-Charley Rivers National Preserve qualify as “private” land and therefore fall beyond the control of the National Park Service. The decision stripped the Park Service of normal regulatory authority over navigable waters within Alaska’s national parks, prompting a concurrence urging Congress to clarify resulting ambiguities.
League Of Conservation Voters V. Trump, Adam W. Johnson Mr.
League Of Conservation Voters V. Trump, Adam W. Johnson Mr.
Public Land & Resources Law Review
A consortium of environmental groups brought suit challenging an executive order opening millions of acres of continental shelf lands to oil and gas leasing. The Court held that the President’s actions exceeded his statutory authority and intruded on Congress’s power under the Property Clause, violating the separation of powers doctrine.
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
Loyola of Los Angeles International and Comparative Law Review
Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …
Federal Criminal Risk Assessment, Brandon L. Garrett
Federal Criminal Risk Assessment, Brandon L. Garrett
Cardozo Law Review
No abstract provided.
The Complexity Dilemma In Policy Market Design, Todd S. Aagaard, Andrew N. Kleit
The Complexity Dilemma In Policy Market Design, Todd S. Aagaard, Andrew N. Kleit
Faculty Publications
Regulators are increasingly pursuing their policy objectives by creating markets. To create a policy market, regulators require firms to procure a product that is socially useful but that confers little direct private benefit to the acquiring party. Examples of policy markets include pollutant emissions trading programs, renewable energy credit markets, and electricity capacity markets. Existing scholarship has tended to analyze policy markets simply as market-based regulation. Although not inaccurate, such inquiries are necessarily incomplete because they do not focus on the distinctive traits of policy markets. Policy markets are neither typical regulations nor typical markets. Concentrating on policy markets as …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Preemption, I Think Not: Evaluating California’S Stored Energy Procurement Law Against Ferc Order 841, Raymond Richards
Preemption, I Think Not: Evaluating California’S Stored Energy Procurement Law Against Ferc Order 841, Raymond Richards
Pace Environmental Law Review
California’s Energy Storage Systems procurement mandate is a groundbreaking measure designed to supply more clean and reliable energy to the state by allowing the capture of power produced now to be used later. While this technology is still developing, a ready market for such resources will help advance capabilities and bring down cost. Federal Energy Regulatory Commission (“FERC”) Order 841 will springboard storage technology in regions covered by Regional Transmission Organizations (“RTOs”) by allowing storage providers non-discriminatory and accommodating access to the FERC wholesale markets. Although FERC’s new Order speaks directly to the issue of storage technology, it should not …
Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas
Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw
Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw
Environmental and Earth Law Journal (EELJ)
No abstract provided.
The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski
The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera
Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Who Takes A Dam: Regulatory Confusion And Surging Opportunities For Small Dam Removal In Rural Maine, Grady R. Burns
Who Takes A Dam: Regulatory Confusion And Surging Opportunities For Small Dam Removal In Rural Maine, Grady R. Burns
Maine Law Review
This Comment examines the regulatory regimes surrounding the removal of state-regulated small dams in Maine by comparing the relatively underdeveloped regime in Maine with the much more coherent and robust regime in neighboring New Hampshire. When compared to more deliberate regimes, Maine’s system lacks key features, including a streamlined permitting program and a single clearinghouse for information, resources, and regulatory enforcement. Given the significant opportunities afforded by a coherent regulatory small dam removal regime, this Comment recommends that Maine follow the example of other states by creating a river restoration and dam removal program, re-establishing its statewide dam inventory, creating …
Conservation, Regionality, And The Farm Bill, Jess R. Phelps
Conservation, Regionality, And The Farm Bill, Jess R. Phelps
Maine Law Review
Over the past several Farm Bills, there has been a somewhat subtle shift in program design to better incorporate regional perspectives/localized areas of conservation concern into national conservation program delivery. The purpose of this Article is to specifically explore the various roles that regional considerations play in existing Farm Bill conservation programs and also consider whether further developments in this direction could result in more flexible program delivery, more effective partnerships, and ultimately, better conservation outcomes. To this end, section II will provide an overview of the history of the Farm Bill, from its origins to the emergence of a …
The New Food Safety, Margot J. Pollans, Emily M. Broad Leib
The New Food Safety, Margot J. Pollans, Emily M. Broad Leib
Elisabeth Haub School of Law Faculty Publications
A safe food supply is essential for a healthy society. Our food system is replete with different types of risk, yet food safety is often narrowly understood as encompassing only foodborne illness and other risks related directly to food ingestion. This Article argues for a more comprehensive definition of food safety, one that includes not just acute, ingestion-related risks, but also whole-diet cumulative ingestion risks, and cradle-to-grave risks of food production and disposal. This broader definition, which we call “Food System Safety,” draws under the header of food safety a variety of historically siloed, and under-regulated, food system issues including …
Book Review Of "River Of Lost Souls", Clifford J. Villa
Book Review Of "River Of Lost Souls", Clifford J. Villa
Public Land & Resources Law Review
No abstract provided.
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …