Environmental Law Commons^™

Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws, John Decicco, Edward Bonanno

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby

Florida State University Journal of Land Use and Environmental Law

This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and finally, encouragement of …

Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Government Subsidy Of Coastal Barrier Development, Mike Donovan

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer, Mary F. Smallwood, Silvia Morell Alderman, Martin R. Dix

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith

Florida State University Journal of Land Use and Environmental Law

This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases concern, namely …

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in NYISO markets: the …

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

University of Arkansas at Little Rock Law Review

No abstract provided.

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

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

Judge Merhige's Environmental Decisions: Expert Handling Of Groundbreaking Environmental Rulings And Complex Federal Jurisdictional Questions, Jim Vines

University of Richmond Law Review

It is a special privilege for me to contribute to this edition of the University of Richmond Law Review honoring Judge Robert R. Merhige, Jr. Here, I seek to highlight his contributions to United States environmental law. In 1988 and 1989, I was one of two recent law school graduates who clerked for Judge Merhige (“please call me by my first name; it’s ‘Judge’”). The Judge was a larger than life figure. As a federal trial judge, historically important and intellectually challenging cases seemed to find their way into his court in a volume not matched in many other federal …

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land & Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.

Riparian Rights And Public Trust: Enforcement Authority, Reeana Keenen

Virginia Coastal Policy Center

In Virginia, private landowners own the land to the Mean Low Water mark (“MLW”), whereas in many coastal states private landowners only own to the high water mark. The bottomlands channelward of the MLW mark in Virginia are governed by the Public Trust Doctrine, meaning that the state holds this land in trust for use by the public. However, use conflicts can arise where private landowners own property adjacent to publicly owned property or where public easements run through private property adjacent to public beach access points.

This Paper will provide a summary of the law regarding private and public …

Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker

Virginia Coastal Policy Center

No abstract provided.

Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano

Virginia Coastal Policy Center

No abstract provided.

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

William & Mary Environmental Law and Policy Review

No abstract provided.

The Semicommons And Wisconsin Water Quality, David A. Strifling

Marquette Intellectual Property Law Review

From the Great Lakes to pristine northern streams, Wisconsin boasts a plentiful and valuable array of water resources. Yet water stress analyses show that this natural capital is deeply threatened in a variety of ways. The pressure results primarily from human activity, ranging from general overuse to colonization by anthropogenically introduced non-native species. Some of the greatest water quality problems, however, are caused by land use practices that lead to polluted runoff from farm fields and urban settings. The onset of climate change has the potential to further exacerbate all of this. These issues, coupled with the failure of existing …

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes strategies that local governments are employing to both mitigate and adapt to climate change, using their state-given powers to plan community development and to regulate private building. Local governments have significant legal authority to shape human settlements and, in so doing, lower CO2 emissions from buildings and vehicles, increase the sequestration of carbon by the natural environment, and promote distributed energy systems and renewable energy facilities that lower fossil fuel consumption. Local elected leaders are highly motivated to avoid the on-the-ground consequences of our changing climate. The effects of climate change manifest themselves at the local level, …

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

Scholarly Works

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Climate Tort Federalism, Tracy Hester

FIU Law Review

No abstract provided.