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Articles 541 - 570 of 670
Full-Text Articles in Environmental Law
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Richmond Public Interest Law Review
On April 18, 2012, Virginia Governor Bob McDonnell boosted the Commonwealth's pollution-reduction toolbox with an expanded nutrient trading program when he signed H.B. 176/S.B. 77 into law.' Sparked by the issuance of the Chesapeake Bay Total Maximum Daily Load (the "Bay TMDL"), which updated pollution limits for the Chesapeake Bay and tributaries, and the Virginia Chesapeake Bay TMDL Phase I Watershed Implementation Plan (the "Phase I WIP"),2 the expanded nutrient trading program allows myriad new market participants to generate and sell certified "nutrient credits"3 to others to meet existing limits or to offset new pollution from expansion.4 If the program …
Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?, Hope M. Babcock
Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Even before the nuclear core meltdowns at the Fukushima Daiichi nuclear reactors in Japan re-stoked public anxiety about nuclear energy, Vermont’s Senate, under the auspices of Vermont Act No. 160, voted to block continued operation of Vermont Yankee Nuclear Power Plant after the expiration of its forty-year operating license. This article examines whether a state can legislatively override a permit issued by the Nuclear Regulatory Commission extending the license of a power plant. The author places this question within a broader federalism context, in which states assert their sovereign rights to regulate the environment in the shadow of federal mandates. …
Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling
Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling
Sea Grant Law Fellow Publications
No abstract provided.
The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox
The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox
Sea Grant Law Fellow Publications
No abstract provided.
Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman
Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman
Sea Grant Law Fellow Publications
No abstract provided.
Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon
Sea Grant Law Fellow Publications
No abstract provided.
The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate
The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate
Florida A & M University Law Review
No abstract provided.
The Second Annual Distinguished Lecture Florida A&M Environmental Law And Justice Symposium, November 3-4, 2011, Albert Mumma
The Second Annual Distinguished Lecture Florida A&M Environmental Law And Justice Symposium, November 3-4, 2011, Albert Mumma
Florida A & M University Law Review
No abstract provided.
Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu
Florida A & M University Law Review
China's unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country's environment. Set against the backdrop of China's daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then …
The Acf Water Crisis: A Major Challenge With A Feasible "Volunteer" Solution, Tremaine Reese
The Acf Water Crisis: A Major Challenge With A Feasible "Volunteer" Solution, Tremaine Reese
Florida A & M University Law Review
No abstract provided.
Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley
Florida A & M University Law Review
No abstract provided.
How Sweet It Isn't: Big Sugar's Power Politics And The Fate Of The Florida Everglades, Katherine Mohr
How Sweet It Isn't: Big Sugar's Power Politics And The Fate Of The Florida Everglades, Katherine Mohr
Florida A & M University Law Review
No abstract provided.
Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld
Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld
Florida A & M University Law Review
No abstract provided.
Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko
Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko
Florida A & M University Law Review
No abstract provided.
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
St. Mary's Law Journal
Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …
Expanding Protective Order Coverage., Kellie K. Player
Expanding Protective Order Coverage., Kellie K. Player
St. Mary's Law Journal
The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
The Judicial Assault On The Clean Water Act, Mark Squillace
The Judicial Assault On The Clean Water Act, Mark Squillace
Publications
No abstract provided.
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Publications
Local food, local work, local energy production--all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world's global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article's centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …
Municipal Separate Storm Sewer Systems (Ms4)--Assigning Responsibility For Pollutants That Reach The Nation's Waters, Robert Abrams
Municipal Separate Storm Sewer Systems (Ms4)--Assigning Responsibility For Pollutants That Reach The Nation's Waters, Robert Abrams
Journal Publications
The United States Supreme Court will review a ruling of the Ninth Circuit Court of Appeals that found the Los Angeles County Flood Control District in violation of its permit under the Clean Water Act for its Municipal Separate Storm Sewer Systems (MS4) discharges into the Los Angeles and San Gabriel Rivers. Segments of those rivers that constitute a part of the MS4 have been paved to improve flood control, and the pollution levels measured as the water moves through those segments and other monitoring locations exceed the amounts allowed by the District’s permit. The District claims that pollution is …
Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin
Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin
Scholarly Works
Beekeeping’s popularity has surged in recent years, perhaps culminating in the introduction of the first ever White House bee hive. Local Apiaries provide a wide variety of benefits to communities, ranging from pollination services for gardens to producing honey that can be used in a wide array of foods and products. Apiaries are not always welcome in a community, however, perhaps because of their potential to cause a nuisance, or to harm crops or people. Although beekeeping regulation implicates both state and federal concerns a number of localities have developed unique and practical regulations that promote backyard beekeeping, while maximizing …
An Environmental Law Even Judge Learned Hand Would Violate: Ohio Epa Needs Non-Monetary Penalties To Enforce Construction Npdes Permits, David Emerman
An Environmental Law Even Judge Learned Hand Would Violate: Ohio Epa Needs Non-Monetary Penalties To Enforce Construction Npdes Permits, David Emerman
Cleveland State Law Review
The Ohio EPA regulates construction sites by issuing NPDES permits that impose restrictions on the discharge of stormwater. Construction sites, however, have little incentive to follow these requirements. For many construction sites, it is more economical to be out of compliance and risk an unlikely fine than to comply with the permit. When these construction sites are out of compliance, stormwater runoff carries sediment into waterways and adversely affects water quality. In negligence torts, the Learned Hand Formula is used to determine what a reasonable person would do. The Learned Hand Formula, when applied to what an economically reasonable construction …
Managing Climate Change Through Biological Sequestration: Open Space Law Redux, John R. Nolon
Managing Climate Change Through Biological Sequestration: Open Space Law Redux, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Climate change management involves strategies that mitigate its causes and adapt human communities to its consequences. This article describes a legal strategy that does both: a national biological sequestration policy. This policy will increase the amount of carbon dioxide emissions that biological sequestration currently removes from the atmosphere and will enable human settlements to adapt to the harsh effects of a changing climate, while realizing a number of other objectives that preserved open space preservation achieves. The article sketches the influences of international and national climate change law, which largely ignore the benefits of biological sequestration on privately owned land …
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Richmond Journal of Law and the Public Interest
On April 18, 2012, Virginia Governor Bob McDonnell boosted the Commonwealth's pollution-reduction toolbox with an expanded nutrient trading program when he signed H.B. 176/S.B. 77 into law.' Sparked by the issuance of the Chesapeake Bay Total Maximum Daily Load (the "Bay TMDL"), which updated pollution limits for the Chesapeake Bay and tributaries, and the Virginia Chesapeake Bay TMDL Phase I Watershed Implementation Plan (the "Phase I WIP"),2 the expanded nutrient trading program allows myriad new market participants to generate and sell certified "nutrient credits"3 to others to meet existing limits or to offset new pollution from expansion.4 If the program …
Why Not A Regional Approach To State Renewable Power Mandates?, Kirsten H. Engel
Why Not A Regional Approach To State Renewable Power Mandates?, Kirsten H. Engel
San Diego Journal of Climate & Energy Law
There is much to be said in favor of a regional approach with respect to renewable energy mandates. First, uniformity in the particulars of state RPS laws would assist the growing interstate renewable energy market. Second, allowing renewable power that is generated anywhere but delivered locally to satisfy the RPS of any of the states within the region, should enhance the reliability of the market for renewable power, increase the amount of intermittent power accommodated by the grid, and lower the price of renewable power. Each of these effects will strengthen the regional market for renewable power to the overall …
Clean Energy And The Price Preemption Ceiling, Jim Rossi
Clean Energy And The Price Preemption Ceiling, Jim Rossi
San Diego Journal of Climate & Energy Law
Part I of this Article provides an illustration of the feed-in tariff one clean energy innovation many state and municipal governments have enacted to encourage investment in renewable energy. In a nutshell, the feed-in tariff is a secure contract for renewable power at a set price over a term of years that provides a return to investors in these projects, such as a homeowner installing a solar panel or wind turbine. Part II of this Article describes preemption issues that have risen with feed-in tariffs under two federal statutes the Public Utility Regulatory Policies Act of 1978, which requires utilities …
Effective Renewable Energy Policy: Leave It To The States?, Steven Weissman
Effective Renewable Energy Policy: Leave It To The States?, Steven Weissman
San Diego Journal of Climate & Energy Law
The federal system employed in the United States offers many models for cooperation between the federal government and the states in pursuit of important policy objectives. Under the Clean Air Act, the U.S. Environmental Protection Agency can establish air quality standards and delegate enforcement to the states. The Coastal Zone Management Act empowers states to establish plans for management of ocean waters close to shore and to have a say related to offshore projects that are in federal jurisdictional waters. The Surface Mining Control and Reclamation Act of 1977 allows coal states to set and enforce their own rules related …
Law, Politics, And Cost-Benefit Analysis, Daniel H. Cole
Law, Politics, And Cost-Benefit Analysis, Daniel H. Cole
Articles by Maurer Faculty
This Article explores the significant role cost–benefit analysis (CBA) plays in facilitating or impeding legislative and regulatory policy decisions. The Article centers around three case studies of CBAs the EPA prepared under three different presidents: (1) Clinton Administration changes to Clean Air Act air quality standards for ozone and particulate matter; (2) President Obama’s recent decision to suspend the EPA’s reconsideration of the Bush Administration’s air quality standard for ozone; and (3) the George W. Bush Administration’s “Clear Skies” legislative initiative. The first two case studies demonstrate, between them, how well-constructed CBAs can facilitate social-welfare-enhancing and impede welfare-reducing rules, even …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
St. Mary's Law Journal
This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …