Environmental Law Commons^™

Are Public Facilities Different From Private Ones?: Adopting A New Standard Of Review For The Dormant Commerce Clause, Bradford Mank

Faculty Articles and Other Publications

On September 26, 2006, the Supreme Court granted certiorari in United Haulers Association Inc. v. Oneida-Herkimer Solid Waste Management Authority to decide the important issue of whether local governments may require that all waste in their jurisdiction be sent to a publicly-owned waste facility and thereby discriminate equally against both local and out-of-state private firms. The dormant Commerce Clause doctrine (DCCD) grants federal courts authority to invalidate state/local laws that discriminate against foreign goods/firms. The Court has adopted an overly broad per se test that invalidates any local law that theoretically discriminates against foreign firms, even if there is no …

Citizen-Friendly Approaches To Environmental Governance, David Markell

Scholarly Publications

Numerous commentators have urged that government increase opportunities for citizen participation as a way to advance a variety of public policy goals (enhancing government legitimacy, promoting more informed government decisions, etc.). In this Article, David L. Markell explores the experience of an international decisionmaking process that relies heavily on citizen participation, the Commission for Environmental Cooperation’s (CEC) citizen submissions process, through the lens of the procedural justice literature, which seeks to understand the reasons why citizens are satisfied with decisionmaking processes. He offers some thoughts about the design and operation of the CEC process in terms of its effectiveness in …

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

67 p.

Exciting Initiatives In Environment And Natural Resources Law At The University Of Idaho College Of Law, Donald L. Burnett Jr.

Articles

No abstract provided.

Madrone, Kelly Franger

UC Law Environmental Journal

No abstract provided.

After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause?, Bradford Mank

Faculty Articles and Other Publications

In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …

Implementing Rapanos - Will Justice Kennedy's Significant Nexus Test Provide A Workable Standard For Lower Courts, Regulators And Developers?, Bradford Mank

Faculty Articles and Other Publications

In 2001, the Supreme Court in SWANCC v. U.S. Army Corps of Engineers held that the Corps lacked authority under the 1972 Clean Water Act to regulate wetlands isolated from navigable waters. The Court held that the CWA's jurisdiction is limited to non-navigable waters that have a significant nexus to navigable waters. SWANCC did not address the Corps' regulation of wetlands near non-navigable tributaries. The courts of appeals are divided over if the Corps may regulate tributary wetlands. Mank, The Murky Future of the Clean Water Act After SWANCC, 30 ECOLOGY LAW QUARTERLY 811-891 (2003).

In 2006, the Supreme Court …

Congress’ Pet: Why The Clean Air Act’S Favortism Ofcalifornia Is Unconstitutional Under The Equal Footing Doctrine, Valerie J. M. Brader

UC Law Environmental Journal

No abstract provided.

E-Mail To Rebecca, Dale Goble

Articles

No abstract provided.

What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble

Articles

No abstract provided.

Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman

Richmond Journal of Law and the Public Interest

Look out America; we have a "smug alert." No, not smog, "smug." According to the notorious cartoon, South Park, people who buy hybrid cars feel so good about saving the Earth, they become increasingly smug, which leads to all-out disaster.' Fortunately, for the town of South Park, one of its native children, Stan, convinces everyone it's alright to own a hybrid without being smug. Should we pass this episode off as another entertaining late night Comedy Central special, or have Matt Stone and Trey Parker stumbled onto a form of satire that's true in form and educational in its moral? …

Field Study, Susie Meserve

UC Law Environmental Journal

No abstract provided.

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Can Plaintiffs Use Multinational Environmental Treaties As Customary International Law To Sue Under The Alien Tort Statute?, Bradford Mank

Faculty Articles and Other Publications

The Alien Tort Statute (ATS) provides that the district courts shall have original jurisdiction over any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. Several decisions have rejected environmental claims under the ATS because they read the ATS narrowly to protect only the most fundamental international human rights such as those prohibiting torture or war crimes and have been unwilling to accept broader claims to a right to life or a healthy environment. In 2002, in Sarei v. Rio Tinto PLC, the District Court …

Missing The Link: The Importance Of Keeping Ecosystems Intact And What The Endangered Species Act Suggests We Do About It, Kalyani Robbins

Faculty Publications

The Endangered Species Act was created in response to a rapid decline in species biodiversity. Although Congress chose direct protection of individual species as its tool, protecting ecosystems (a necessary component of biodiversity) was clearly one of the goals for which that tool was to be used. A species can be abundant in some areas and declining in others, such that protecting the entire species does not make sense. Congress dealt with this issue by amending the Endangered Species Act in 1978 to allow for protection of “distinct population segments,” thereby allowing the population in decline to be protected in …

The Endangered Species Act: Reform Or Refutation?, Brian E. Gray

UC Law Environmental Journal

No abstract provided.

Glacier National Park, Kelly Decker

UC Law Environmental Journal

No abstract provided.

In The Heat Of The Law, It’S Not Just Steam: Geothermalresources And The Impacts On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

UC Law Environmental Journal

No abstract provided.

Consideration Of Economics Under California’S Porter-Cologne Act, David Sunding, David Zilberman

UC Law Environmental Journal

No abstract provided.

Weekend Bliss At Utica Reservoir In California’S Majestic Stanislaus National Forest, Loulena Miles

UC Law Environmental Journal

No abstract provided.

Tomales Bay, Kelly Franger

UC Law Environmental Journal

No abstract provided.

Dogs Vs. Birds: Negotiated Rulemaking At Fort Funston, Robin Mccall

UC Law Environmental Journal

No abstract provided.

Hetch Hetchy And The Paradoxes Of Restoration, Brian E. Gray

UC Law Environmental Journal

No abstract provided.

The Hetch Hetchy Valley, John Muir

UC Law Environmental Journal

No abstract provided.

In Hidden Places: Congressional Legislation That Limits The Scope Of The National Environmental Policy Act, Aaron Ehrlich

UC Law Environmental Journal

No abstract provided.

Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith

Faculty Scholarship

Long before there were limited liability companies, there were mining joint ventures. Although LLCs have generally become the dominant choice for the formation of privately held entities, the common law joint venture stubbornly persists as the preferred investment vehicle for mining companies. To add to the suite of Form 5 mining joint venture forms previously published by the Rocky Mountain Mineral Law Foundation, this article proposes yet another version of Form 5, dubbed the Modest Form, with the hope that a new LLC form project would be launched by the Foundation and thereby become more manageable. The Modest Form is …

“Wearing Away,” Grand Staircase-Escalante Nationalmonument, Utah, April 2003, M. Benjamin Eichenberg

UC Law Environmental Journal

No abstract provided.

Editors' Note, Kelly Rain, Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

Construction Of A Fool's Paradise: Ethanol Subsidies In America, John A. Sautter, Laura Furrey, R. Lee Gresham

Sustainable Development Law & Policy

No abstract provided.

The Buzz About Clean Coal, Jennifer Rohleder

Sustainable Development Law & Policy

No abstract provided.