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Full-Text Articles in Environmental Law

Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch Dec 2019

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.


Wildearth Guardians V. Zinke, Emily M. Mcculloch Nov 2019

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.


The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism, Catherine Danley Nov 2019

The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism, Catherine Danley

Brigham Young University Journal of Public Law

No abstract provided.


Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson Nov 2019

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.


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas Sep 2019

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 Sep 2019

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 Sep 2019

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 Sep 2019

Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff Aug 2019

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien Aug 2019

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Elisabeth Haub School of Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, …


Book Review Of "River Of Lost Souls", Clifford J. Villa Jul 2019

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.


Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett Jun 2019

Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett

Villanova Environmental Law Journal (1991 - )

No abstract provided.


To Bee Or Not To Bee, Michael Davids May 2019

To Bee Or Not To Bee, Michael Davids

Seattle Journal of Environmental Law

Honey bees are the oil that keeps our agriculture system functioning and productive, yet beekeepers are one of the honey bee’s largest stressors. Bees are hived in uninsulated boxes, shipped thousands of miles to pollinate monoculture crops that affect their diet, and bred to produce less propolis—a valuable substance bees make to protect themselves, but neither federal nor state addresses these issues. This article proposes that the USDA and APHIS, as well as state agriculture agencies regulate hive design to mimic bees’ natural hives, regulate the design of truck trailers to trick bees into believing they are stationary, and change …


The Clash Of Agricultural Exceptionalism And The First Amendment: A Discussion Of Kansas' Ag-Gag Law, Meredith Kaufman May 2019

The Clash Of Agricultural Exceptionalism And The First Amendment: A Discussion Of Kansas' Ag-Gag Law, Meredith Kaufman

Journal of Food Law & Policy

Since the Nation’s founding, agricultural production has been treated differently than other industries. This concept, known as “agricultural exceptionalism,” has manifested in many different ways throughout U.S. history. Since the 1990s, one manifestation of agricultural exceptionalism has been the enactment of “Ag-gag laws,” state laws that limit information gathering activities at animal production facilities. Ag-gag laws are frequently criticized by animal welfare advocates and legal scholars for seeking to shield animal production facilities from public scrutiny, a state-sanctioned protection not afforded to other industries.


Indigenous Environmental Network V. United States Department Of State, Seth Sivinski Apr 2019

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District …


Murray V. Bej Minerals, Llc, Brett Berntsen Apr 2019

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as the Ninth Circuit …


Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains Apr 2019

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …


Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran Apr 2019

Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran

Seattle Journal of Environmental Law

Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the trade …


How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan Apr 2019

How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan

Seattle Journal of Environmental Law

Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …


Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning Mar 2019

Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran Mar 2019

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 Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski Jan 2019

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.


Board Of Editors Jan 2019

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Crowley Acknowledgement Jan 2019

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Jan 2019

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader Jan 2019

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Indigenous Law At The Supreme Court Of Canada, Russell Brown Jan 2019

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.