Environmental Law Commons^™

Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments.

Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. …

Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas

University of Miami Law Review

Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs’ …

Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen

Ocean and Coastal Law Journal

In recent times, the aquaculture industry has experienced dramatic growth. The growth of the industry is a direct result of an increase in demand for seafood, and a decrease in supply from wild fisheries. The industry, however, is also experiencing growing pains. Aquaculture species, compared to their wild counterparts, are at a higher risk of catastrophic loss from a variety of different perils. These perils make investment in the aquaculture industry significantly risky. The federal crop insurance program could be a tool that mitigates these risks, but the program was designed around terrestrial agriculture, and while aquaculture may be covered …

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.

Solenex Llc V. Jewell, F. Aaron Rains

Public Land & Resources Law Review

In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the Secretary’s …

Board Of Editors

Public Land & Resources Law Review

No abstract provided.

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.

Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills

Public Land & Resources Law Review

No abstract provided.

Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack

Public Land & Resources Law Review

No abstract provided.

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …

Board Of Editors

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy

Public Land & Resources Law Review

No abstract provided.

Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones

Public Land & Resources Law Review

No abstract provided.

The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor

Public Land & Resources Law Review

No abstract provided.

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …

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 …

Bridging The Information Gap: How Access To Land Contracts Can Serve Community Rights, Lara Wallis, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Land contracts (also known as investor-state contracts, or concession agreements) show what commitments a forestry, farming or renewable energy company has made and what the government has said the company can do on the land. These promises define the positive and harmful effects the company’s project could have on community members’ livelihoods and human rights, and on the environment.

Accessing land contracts is a crucial strategy for local organizations. This briefing note explains how local organizations can use land contracts and the Open Land Contracts repository (OpenLandContracts.org) to help communities to:

• Understand company and government obligations related to a company …

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

Beeware Of The Consequences: The Importance Of Urban Apiaries And Environmental Adr, Chelsea Gallay

Cardozo Journal of Conflict Resolution

Part I of this note will discuss urban agriculture and the rise of urban beekeeping; Part II will outline the role urban apiaries are playing in today's society; Part III will explore the disputes that arise between urban community members and beekeepers; and lastly, Part IV will discuss how to use environmental dispute resolution techniques, such. as mediation and negotiation, to solve environmental conflicts between urban apiarists and local community members.

The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier

Pace Environmental Law Review

The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes in the agricultural …

The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Access to affordable and reliable energy is key for the mining sector and with rising demand for minerals and falling ore grades, energy demand is estimated to increase by 36% by 2035. Today, energy produced and procured by mining companies is mostly fossil fuel based. This will have to change if the sector is to contribute to the decarbonization of the world economy, needed for countries to meet the target adopted at the Paris Agreement of keeping global temperatures from rising more than 1.5-2 degrees Celsius.

At the same time, the costs of solar, wind and battery storage systems have …

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Journal Of Food Law & Policy - Volume 14 Fall 2018, Journal Editors

Journal of Food Law & Policy

No abstract provided.