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Articles 901 - 930 of 2061
Full-Text Articles in Administrative Law
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Scholarly Publications
This Article is the first of two that grapple with a central policy challenge facing the administrative state: how to govern in times of dynamic change when challenges, and opportunities to address them, are both shifting rapidly. It suggests that, conceptually, process design that is likely to produce effective regulatory governance requires attention to three key distinct but interrelated variables: (1) the actors who are or should be involved in program implementation in different capacities; (2) the mechanisms (legal and otherwise) available to promote good governance; and (3) the tools available to advance desired results. To demonstrate the value of …
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg
Buffalo Environmental Law Journal
No abstract provided.
At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton
At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton
UIC Law Review
No abstract provided.
Teaching Substantive Environmental Law And Practice Skills Through Interest Group Role-Playing, Karl S. Coplan
Teaching Substantive Environmental Law And Practice Skills Through Interest Group Role-Playing, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
Most law students take their first introductory course in environmental law during their second year of law school. The traditional first-year curriculum does little to prepare students for the complex statutory and regulatory models for most environmental regulation. Law students at the end of their first year often have had little exposure to statutory interpretation. Further, they often have no exposure to administrative law and regulatory implementation. These students may expect statutes to provide clear statements of rules rather than guidelines for administrative rulemaking. They also tend to view the lawmaking and interpretive process through the traditional lens of congressional …
Traditional Ecological Rulemaking, Anthony Moffa
Traditional Ecological Rulemaking, Anthony Moffa
Faculty Publications
This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Faculty Scholarship
No abstract provided.
Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson
Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson
Publications
Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …
The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki
The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …
Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey
Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey
Suffolk University Law School Faculty Works
Can the President, through executive action with no approval of Congress whatsoever, change the world? Declared President Obama: “If Congress won't act soon to protect future generations, I will.” What is considered the second most important invention in history—electricity—has had its legal regulation and technological foundation fundamentally changed by unilateral executive action in
the past two years. As a result of this unilateral executive action, critical technology and modern society are changing fundamentally.
This is not without legal challenge: Shortly after the Obama Administration announced its Clean Power Plan, House of Representatives Speaker John Boehner announced that he and others …
The Energy Prosumer, Sharon B. Jacobs
The Energy Prosumer, Sharon B. Jacobs
Publications
Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency, and demand response. This Article offers a positive account of the emergence of these new energy actors, which it calls "energy prosumers. " It then frames several doctrinal and procedural puzzles that prosumers create, including jurisdictional puzzles, distributional concerns, and democratic challenges. Ultimately, it concludes that prosumers can be a positive disruptive force in the electricity industry if courts and regulators can manage these challenges effectively. …
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
All Faculty Publications
This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
Public Laws And Private Lawmakers, Kimberly L. Wehle
Public Laws And Private Lawmakers, Kimberly L. Wehle
All Faculty Scholarship
The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …
Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes
Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes
Faculty Scholarship
Under President Barack Obama the U.S. Environmental Protection Agency has promulgated a series of greenhouse gas emissions regulations, initiating the necessary national response to climate change. However, the United States will need to find other ways to reduce GHG emissions if it is to live up to its international emissions reduction pledges, and to ultimately lead the way to a zero-carbon energy future. This paper argues that the success of the recent climate negotiations in Paris provides a strong basis for invoking a powerful tool available to help achieve the country’s climate change goals: Section 115 of the Clean Air …
Endangered Species, Endangered Treaties: Protecting Treaty Rights, Economic Development, And Tribal Consultation Under Secretarial Order 3206, Jeremy Wood
American Indian Law Journal
No abstract provided.
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba
The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba
Michigan Journal of Environmental & Administrative Law
The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) provides three distinct “private” causes of action that allow parties to recover all or part of their cleanup costs from “potentially responsible parties.” Section 107(a)(4)(B) provides a “direct” right of cost recovery. Sections 113(f)(1) and 113(f)(3)(B) provide a right of contribution following a CERCLA civil action or certain judicial or administrative settlements. The relationship among these causes of action has been the source of considerable confusion. Two Supreme Court cases, Cooper Industries, Inc. v. Aviall Services, Inc. and United States v. Atlantic Research Corp. have identified certain situations in which the …
Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle
Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle
Michigan Journal of Environmental & Administrative Law
President Nixon recognized the controversy surrounding off-road vehicle (ORV) use on public lands when he signed Executive Order 11,644 in 1972. The Executive Order set out minimization criteria that bound federal land management agencies’ ORV area and trail designations. Forty years later, agencies are still struggling to implement the minimization criteria. Recent court opinions have struck down implementation attempts by the National Park Service, Bureau of Land Management, and Forest Service. This note argues that agencies require additional guidance for ORV management, particularly in light of case law that sets a floor for achieving minimization. After examining how the mandate …
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
Et Cetera
The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Environmental and Earth Law Journal (EELJ)
There are over 9,000 Formerly Used Defense Sites in the United States. One of these sites, the Pine Castle Jeep Range, was located in what is now east Orlando. As a defense site during World War II, the area was intentionally bombarded with among other things, explosive and chemical bombs. Fifty years later, a population boom drew many to purchase their homes in the same area. This article examines the history of the Pine Castle Jeep Range and the issues resulting from subsequent increase in population. The author hopes this article will provide practical legal and technological advice for other …
Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen
Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen
Pace Environmental Law Review
This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …
Reinventing The Core U.S. Technology Through The Push Of New Regulation Leveraging Market Pull, Steven Ferrey
Reinventing The Core U.S. Technology Through The Push Of New Regulation Leveraging Market Pull, Steven Ferrey
Suffolk University Law School Faculty Works
Unilateral Presidential executive action is now used to implement new law and regulation, without participation of the Congress pursuant to Article I of the Constitution. Such actions create a visible and controversial legal confrontation regarding separation of powers. Certain unilateral executive action examined in this article is forcing technological and environmental change which is fundamentally transforming society. This article critically analyzes the revolutionary maelstrom forged by the interface of unilateral executive regulatory orders, law, and the ‘invisible hand’ of market dynamics on climate change.
After 800 years of Greenhouse Gas concentration levels hovering in the atmosphere between 175-250 part per …
Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham
Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham
Pace Environmental Law Review
The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and …
Western Watersheds Project V. Jewell, Hannah S. Cail
Western Watersheds Project V. Jewell, Hannah S. Cail
Public Land & Resources Law Review
The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …
The Dangerous Right To Food Choice, Samuel R. Wiseman
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
Implementing A Carbon Tax In Florida Under The Clean Power Plan: Policy Considerations, Chris Hastings
Implementing A Carbon Tax In Florida Under The Clean Power Plan: Policy Considerations, Chris Hastings
Florida State University Law Review
No abstract provided.