Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2013

Discipline
Institution
Keyword
Publication
Publication Type

Articles 271 - 300 of 588

Full-Text Articles in Environmental Law

Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis Mar 2013

Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis

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

No abstract provided.


Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley Mar 2013

Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley

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

The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …


Masthead And Front Matter Mar 2013

Masthead And Front Matter

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

No abstract provided.


Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber Mar 2013

Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber

Vanderbilt Law Review

In the fall of 2010, two major political battles over climate change in the United States reached their climax. At the federal level, efforts to enact comprehensive climate change legislation-already in doubt after the Senate refused to consider legislation passed by the House-were terminated for the near future by a landslide win for conservative Republicans, who are overwhelmingly hostile to climate change legislation, in midterm Congressional elections.' At the state level, California voters considered Proposition 23, a ballot initiative that would have effectively repealed the state's comprehensive global warming statute (AB 32, enacted in 2006). Yet despite the fact that …


Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend, Gary D. Godman Mar 2013

Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend, Gary D. Godman

William & Mary Environmental Law and Policy Review

No abstract provided.


New Corporate Forms And Green Business, Antony Page Mar 2013

New Corporate Forms And Green Business, Antony Page

William & Mary Environmental Law and Policy Review

You want to start a business: not just an ordinary business, producing ordinary social benefit, but a dual-mission business that will both make a profit and benefit the environment. This green business, you expect, will sometimes face trade-offs between the missions, in the sense that sometimes owners’ wealth and profit will have to be sacrificed to pursue environmental benefits. You’re optimistic, in that you hope the business will find outside investors and will scale up easily. Moreover, you don’t want to lie or even dissemble about your motives or about the business’s actions. You want to be both authentic and …


Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean Mar 2013

Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean

William & Mary Environmental Law and Policy Review

This Article posits that corporate real estate development of coastal property can coexist with conservation strategies to preserve the ecological and cultural integrity of the barrier islands along the southeastern seaboard. Reformed corporate land use techniques that reflect prudent and sustainable master-planned communities may result in manageable natural and cultural resource preservation. The Introduction defines the historical, cultural, and ecological significance of the Sea Islands, an archipelago stretching from the Carolinas to Florida. Part I presents a series of corporate real estate redevelopment projects on the Sea Islands for analysis. Part II sets forth viable solutions for the implementation of …


Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao Mar 2013

Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao

William & Mary Environmental Law and Policy Review

In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics have suggested …


Food Ordinances: Encouraging Eating Local, Mia Shirley Mar 2013

Food Ordinances: Encouraging Eating Local, Mia Shirley

William & Mary Environmental Law and Policy Review

No abstract provided.


Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button Mar 2013

Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button

William & Mary Environmental Law and Policy Review

No abstract provided.


Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp Mar 2013

Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp

William & Mary Environmental Law and Policy Review

No abstract provided.


Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno Mar 2013

Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno

Suffolk University Law School Faculty Works

This note provides an introduction to the issues surrounding the design of Power Purchase Agreement's (PPAs). Programs to attract investment in small-scale electricity generation, often powered by renewable energy sources, have become increasingly common in the developing world as governments seek to both expand access to electricity and improve sustainability. A valuable tool for such programs is a well-crafted, standardized power purchase agreement, which can reduce transaction costs for generators and government agencies alike and substantially improve the economics of small generation facilities. This note discusses key considerations in designing a standardized agreement for a small power producer program. The …


David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer Feb 2013

David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer

Pace Environmental Law Review Online Companion

No abstract provided.


The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins Feb 2013

The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins

University of Akron Press Publications

This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and …


Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup Feb 2013

Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup

Pepperdine Law Review

This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.


Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz Feb 2013

Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz

Pepperdine Law Review

No abstract provided.


Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz Feb 2013

Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz

Pepperdine Law Review

In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …


Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman Feb 2013

Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the …


Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor Jan 2013

Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor

Pepperdine Law Review

In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …


The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer Jan 2013

The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer

Pepperdine Law Review

The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …


The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones Jan 2013

The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones

Pepperdine Law Review

An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.


The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt Jan 2013

The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt

Pepperdine Law Review

No abstract provided.


Fracking Surrounded By Misinformation, Alex Ritchie Jan 2013

Fracking Surrounded By Misinformation, Alex Ritchie

Faculty Scholarship

No abstract provided.


Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear Jan 2013

Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear

Pepperdine Law Review

No abstract provided.


Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel Jan 2013

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.


The Role Of (Junk) Science In Wilderness Management: Lessons Learned In The Wake Of Drakes Bay Oyster Company, Julie Graeser Jan 2013

The Role Of (Junk) Science In Wilderness Management: Lessons Learned In The Wake Of Drakes Bay Oyster Company, Julie Graeser

UC Law Environmental Journal

No abstract provided.


“Economic Impact” In Regulatory Takings Law, Steven J. Eagle Jan 2013

“Economic Impact” In Regulatory Takings Law, Steven J. Eagle

UC Law Environmental Journal

No abstract provided.


Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott Jan 2013

Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott

Transnational Business Governance Interactions Working Papers

This paper examines the disconnect between the literature on and practice of legality verification (LV) in the forest sector and what would seem to be a logical extension into the literature on and responses to forest crime and, more specifically, transnational criminality associated with trade in illegally logged timber. The apparently logical overlap between these two areas of endeavour arises because both are dealing with aspects of supply chains or chains of custody involving raw timber, forest products or timber products more generally. The disconnect, I suggest here, arises because of a lack of 'joined up thinking' between the two …


Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman Jan 2013

Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman

CRHR: Archaeology

The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …


Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr. Jan 2013

Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.

CRHR: Archaeology

Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …