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Environmental Law Commons

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2013

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Articles 301 - 330 of 588

Full-Text Articles in Environmental Law

The New World Order Of Global Environmental Law Jan 2013

The New World Order Of Global Environmental Law

Maryland Carey Law

The lines dividing domestic and international law - and public and private law - are starting to blur. The result? New power for NGOs and new norms of corporate behavior in remote corners of the globe.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power Jan 2013

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …


Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas Jan 2013

Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas

Faculty Scholarship

Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …


Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley Jan 2013

Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley

Scholarly Articles

Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …


Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley Jan 2013

Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley

Scholarly Articles

None available.


Lake Tahoe, Ashley Nance Jan 2013

Lake Tahoe, Ashley Nance

UC Law Environmental Journal

No abstract provided.


Adaptation To Climate Change And The Everglades Ecosystem, Frank Piccininni Jan 2013

Adaptation To Climate Change And The Everglades Ecosystem, Frank Piccininni

Hofstra Law Student Works

The Florida Everglades is a vast and dynamic landscape characterized by pulsing flows of water, iconic wildlife, tree islands, and a complex mosaic of floral assemblages. The Everglades ecosystem was referred to as Payhay- okee, or grassy lake, by the Seminole Indians and has been designated as a World Heritage Site, a Ramsar Convention Wetland of International Importance, and a World Biosphere Reserve. Unfortunately, the “grassy lake” has been transformed into a highly managed network of canals and water management structures designed to reclaim the Everglades for agricultural use and settlement. Recognizing the deleterious impact of water management in the …


Risk And Response In Fracturing Policy, Hannah J. Wiseman Jan 2013

Risk And Response In Fracturing Policy, Hannah J. Wiseman

Scholarly Publications

An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens’ groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection—just one stage of …


A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu Jan 2013

A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Urban Energy, Hannah J. Wiseman Jan 2013

Urban Energy, Hannah J. Wiseman

Scholarly Publications

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …


A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar Jan 2013

A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar

Global Business Law Review

Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …


Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2013

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Bee, Michael Callahan-Dudly Jan 2013

Bee, Michael Callahan-Dudly

UC Law Environmental Journal

No abstract provided.


Shale Gas And Clean Energy Policy, Joseph P. Tomain Jan 2013

Shale Gas And Clean Energy Policy, Joseph P. Tomain

Faculty Articles and Other Publications

If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …


Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith Jan 2013

Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith

Faculty Articles and Other Publications

David R. Boyd’s book entitled, The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, provides a comprehensive overview of nations that have incorporated the right to a healthy environment in their constitutions. Throughout his research, Boyd analyzes the effectiveness of environmental protection provisions in national constitutions and seeks to determine whether constitutional provisions guaranteeing the right to a healthy environment have measurable, positive effects on the environment. His wide-ranging compilation and analysis of environmental rights provisions in numerous countries is an important contribution to international human rights literature. Although Boyd explains that treating the right …


Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover Jan 2013

Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover

Student Articles and Papers

Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …


Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum Jan 2013

Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum

UC Law Environmental Journal

No abstract provided.


Highway 1 Haze, Jamie Kelly Jan 2013

Highway 1 Haze, Jamie Kelly

UC Law Environmental Journal

No abstract provided.


Christopher Stevens Tribute, Brian E. Gray Jan 2013

Christopher Stevens Tribute, Brian E. Gray

UC Law Environmental Journal

No abstract provided.


The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring, Chloe Angelis Jan 2013

The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi Jan 2013

International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi

UC Law Environmental Journal

No abstract provided.


Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht Jan 2013

Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht

UC Law Environmental Journal

No abstract provided.


Golden Gate Park Squirrel, Brian King Jan 2013

Golden Gate Park Squirrel, Brian King

UC Law Environmental Journal

No abstract provided.


The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg Jan 2013

The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg

UC Law Environmental Journal

No abstract provided.


Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States, Rebecca Bratspies Jan 2013

Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States, Rebecca Bratspies

Publications and Research

No abstract provided.


Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond Jan 2013

Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond

Scholarly Publications

Judicial review is considered an indispensable legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must find their legitimacy elsewhere. This article evaluates the promise of “inside-out” legitimacy as an alternative or complement to judicial review. We theorize, based on insights from the administrative law and procedural justice literatures, that administrative process design can do much to advance legitimacy without the need to rely on judicial review to check …


Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson Jan 2013

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.


Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii Jan 2013

Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii

Florida A & M University Law Review

No abstract provided.


Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi Jan 2013

Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi

Florida A & M University Law Review

No abstract provided.


Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink Jan 2013

Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink

Florida A & M University Law Review

This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …