Environmental Law Commons^™

Slides: Engaging Stakeholders, Duane Zavadil

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Duane Zavadil, Bill Barrett Corporation

5 slides

Slides: Geospatial Decision Support For Shale Gas Site Development, Malcolm Williamson, Jackson Cothren, Peter Smith

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Malcolm Williamson, Center for Advanced Spatial Technologies, University of Arkansas

50 slides

2010 Judges' Edition Memorandum, Hana C. Heineken

Pace Environmental Law Review

No abstract provided.

2010 Moot Court Problem, Jeffrey G. Miller, Alexandra Dapolito Dunn, Sean T. Dixon

Pace Environmental Law Review

No abstract provided.

Environmental Perspectives: Fall 2010, Environmental Law Program

Environmental and Energy Law Perspectives

No abstract provided.

Estamos Bien En El Refugio Los 33 Una Historia De Las Organizaciones Mineras Y Su Lucha Por La Seguridad En La Minería., Bram Sable-Smith

Independent Study Project (ISP) Collection

This investigation focuses on the history of security in the mining sector of Chile, and attempts to do so from the perspective of the miners’ and workers’ unions. The aim of the investigation was to explore specifically the changes coming regarding security in mining in the aftermath of the accident in the San José mine of August 5, 2010; changes in the government, changes in the country’s legislation, and what role the workers’ organizations are playing in these changes, and what changes it is that they are asking for.

At the end of the investigation it still remained to be …

Environmental Law At Maryland, No. 30, Fall 2010

Environmental Law at Maryland

No abstract provided.

The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond, Lin Feng, Jason Buhi

Buffalo Environmental Law Journal

No abstract provided.

The Missouri River: Law, Politics, And Creatures Caught In The Conflicts, Brook A. Spear

Buffalo Environmental Law Journal

No abstract provided.

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Buffalo Environmental Law Journal

No abstract provided.

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.

Evolving Regulation In The New Energy Boom States, Hannah J. Wiseman

Scholarly Publications

No abstract provided.

Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen

University of Michigan Journal of Law Reform

Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …

Abuse Of The Warranted But Precluded Designation: A Real Or Imagined Purgatory, K. Mollie Smith

Southeastern Environmental Law Journal

No abstract provided.

Smart Growth: The Toolbox For Addressing Sprawling Development In Coastal South Carolina, Stephanie Ramia

Southeastern Environmental Law Journal

No abstract provided.

Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen

Duke Environmental Law & Policy Forum

No abstract provided.

Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão

University of Miami International and Comparative Law Review

Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to which …

Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal

PhD Dissertations

Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …

Supplying The Light At The End Of The Tunnel: Using State-Level Experience To Develop Federal-Level Renewable Energy Policy, Joshua J. Houser

Southeastern Environmental Law Journal

No abstract provided.

Bridging The Gap: Using Social Psychology To Design Market Interventions To Overcome The Energy Efficiency Gap In Residential Energy Markets, Brandon Hofmeister

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman

Duke Environmental Law & Policy Forum

No abstract provided.

Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull

Duke Environmental Law & Policy Forum

No abstract provided.

The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer

Duke Environmental Law & Policy Forum

No abstract provided.

Ecosystem Services And The Clean Water Act: Strategies For Fitting New Science Into Old Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act (CWA) regulatory programs as an example for all environmental laws. Part II of the Article reviews the relevant general rules of federal administrative law governing agency interpretation of the policy space available under statutory authority for integrating new science into decision making. Part III then explores the strategies an agency such as EPA can use under those rules to integrate the concept of ecosystem services into regulatory programs by searching for statutory provisions to support what I call "direct protection" …

The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes

Research Collection Yong Pung How School Of Law

The European Union (EU), with its 27 Member States, has a coastline 70, 000 km along two oceans and four seas. Its well-being is therefore inextricably linked with the sea.' Europe plays a major role in today's shipping world, 41% of the world's total fieet (in dwt) is beneficially controlled by European companies.^ Ensuring that the use of the marine environment is genuinely sustainable is a prerequisite for the EU's sea-related industries to be competitive.

Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love

Articles

Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …

Gas Flaring In Nigeria‘S Niger Delta: Failed Promises And Reviving Community Voices, Eferiekose Ukala

Washington and Lee Journal of Energy, Climate, and the Environment

This Note examines the use of litigation to stop gas flaring in Nigeria’s Niger Delta, and proposes an alternative solution to the ongoing gas flaring in the Niger Delta region. In exploring an alternative solution, this Note (1) details the history of gas flaring in Nigeria; (2) discusses Nigeria’s gas-flaring legislation and its implementation; (3) analyzes the impact that landmark gas flaring cases have had on the stoppage of gas flaring; and (4) details how litigation has been used as a tool to combat gas flaring, juxtaposing the concept of the rule of law. This Note concludes by suggesting that …

The Improbability Of Meaningful Climate Change Regulation: A Constructivist Understanding Of The Global Commons And The Need For U.S. Leadership, Stacey Valentine

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is a topic that permeates today’s scientific, political, and social discourse. It is a term that is both widely known and hotly debated across the country and across the globe. While an ever-increasing majority of the scientific and political realms has come to the conclusion that meaningful climate change regulation is necessary to prevent negative repercussions across the globe, there is little consensus on what that regulation should look like or how to bring it about. The nature of greenhouse gases, or GHGs, makes international cooperation a must if the world hopes to prevent and avoid the experts’ …

Using The Federal Communication Commission’S Tower Construction Notification System As A Model For Siting Nuclear Waste On Native American Land, Casey Zivin

Washington and Lee Journal of Energy, Climate, and the Environment

Since the advent of nuclear power in the United States in the mid-20th century, the federal government has struggled to find a suitable location to store the hazardous waste associated with nuclear power generation. In 1991, in an attempt to solve the problem of storing nuclear waste, the federal government created grant programs which offered funding to states and Native American tribes who volunteered to store nuclear waste on their lands. One tribe in particular, the Skull Valley Goshute of Utah, viewed storing nuclear waste as an opportunity to infuse their reservation with monies. Further, because tribes enjoy sovereign status …