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Articles 541 - 570 of 588
Full-Text Articles in Environmental Law
Improving Water Quality Antidegradation Policies, Sandra B. Zellmer, Robert L. Glicksman
Improving Water Quality Antidegradation Policies, Sandra B. Zellmer, Robert L. Glicksman
Faculty Law Review Articles
No abstract provided.
The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh
The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Multiple government and health organizations recommend the use of warm or hot water in publications designed to educate the public on best practices for washing one’s hands. This is despite research suggesting that the use of an elevated water temperature does not improve handwashing efficacy, but can cause hand irritation. There is reason to believe that the perception that warm or hot water is more effective at cleaning one’s hands is pervasive, and may be one factor that is driving up unnecessary energy consumption and greenhouse gas emissions. We examine handwashing practices and beliefs about water temperature using a survey …
An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen
An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen
Vanderbilt Law School Faculty Publications
Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …
Green Harms Of Green Projects, John Copeland Nagle
Green Harms Of Green Projects, John Copeland Nagle
Journal Articles
This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
American Indian Law Review
No abstract provided.
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Other Publications
Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …
Getting Paid In Probate Court., Robert J. Augsburger
Getting Paid In Probate Court., Robert J. Augsburger
St. Mary's Law Journal
After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …
Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia
Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia
Articles
Hydraulic fracturing—also known as fracking—has become increasingly controversial in the United States over the past several years, especially in states such as Michigan with large shale gas deposits that were previously unextractable. In 2012, a Michigan fracking ban initiative failed to make it onto the November statewide ballot, but citizens groups are presently collecting signatures in an attempt to get the initiative onto the November 2014 ballot as an “initiated state statute.” And, more recently, state auctions of drilling permits have been the scenes of citizen protests driven by concerns about the potential environmental impacts of hydraulic fracturing.
Burdens On Public Access, Elizabeth Blank
Burdens On Public Access, Elizabeth Blank
Sea Grant Law Fellow Publications
No abstract provided.
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
St. Mary's Law Journal
Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …
The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander
The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander
St. Mary's Law Journal
Abstract Forthcoming.
Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby
Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby
St. Mary's Law Journal
Abstract Forthcoming.
Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell
St. Mary's Law Journal
Abstract Forthcoming.
To A Professor: Douglas Haddock Retires., Charles Epps Ipock
To A Professor: Douglas Haddock Retires., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday
St. Mary's Law Journal
Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
St. Mary's Law Journal
Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
St. Mary's Law Journal
A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers
St. Mary's Law Journal
State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …
Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu
Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu
Research Collection Yong Pung How School Of Law
This article examines China's role in the prevention of vessel-source pollution in the South China Sea. The article argues that, although the South China Sea is a disputed sea area, China has the potential to play a leading role to improve the prevention of vessel-source pollution in this area. By playing a key role in addressing the issue of vessel-source pollution China also has the opportunity to demonstrate its willingness to co-operate to protect the marine environment of the South China Sea without inflaming the thorny sovereignty disputes in the area. First, the sovereignty disputes in the South China Sea …
Scattered And Dissonant: The Clean Air Act, Greenhouse Gases, And Implications For The Oil And Gas Industry, Alex Ritchie
Scattered And Dissonant: The Clean Air Act, Greenhouse Gases, And Implications For The Oil And Gas Industry, Alex Ritchie
Faculty Scholarship
In the midst of a domestic oil and gas production revolution, the Environmental Protection Agency (EPA) has constructed a web of findings and regulations to control greenhouse gas (GHG) emissions from stationary sources under the auspices of the Clean Air Act. This Article explores the theoretical and practical implications for the oil and gas industry of EPA’s Clean Air Act GHG regulatory regime that, in light of congressional paralysis, will continue to expand beyond major new and modified oil and gas facilities such as refineries and natural gas processing plants. Future rulemakings directly aimed at the oil and gas industry …
Law And Lawyers In The Incident Command System, Clifford J. Villa
Law And Lawyers In The Incident Command System, Clifford J. Villa
Faculty Scholarship
ICS is a “management system designed to enable effective, efficient incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure.” Through the use of standardized positions (e.g., incident commander), common terminology (e.g., incident command post), and consistent management philosophies (e.g., unity of command), ICS seeks to facilitate the rapid integration of personnel from different agencies and entities into one organization to meet a common objective.
Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu
Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu
Research Collection Yong Pung How School Of Law
This article addresses criminal liability for vessel-source pollution in China. It describes relevant Chinese legislation regarding criminal liability for vessel-source pollution, analyses why a criminal case pertaining to vessel-source pollution has yet to be brought in Chinese courts and presents suggestions on how to improve the current regime.
The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu
The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu
Research Collection Yong Pung How School Of Law
This article focuses on the European Union (EU)’s potential contribution to an enhanced legal regime of the Arctic offshore oil and gas operations. It first briefly describes existing international law for the regulation of offshore oil and gas operations in the Arctic. The article then discusses the development of EU’s Arctic policy and the EU’s competence to regulate Arctic offshore oil and gas activities. Subsequently, it analyzes potential actions and initiatives that could be taken by the EU to promote high safety standards for offshore oil and gas operations in the Arctic.
Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu
Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu
Research Collection Yong Pung How School Of Law
The introduction of invasive marine species by ships is one of the four most significant threats to the world's oceans.' Global shipping moves over 80% of the world's commodities and transfers approximately 3 to 5 billion tonnes of ballast water each year.^ Every day about 3,000 species of animals and plants are transported around the world in the ballast water of ships, or on their hulls.' Some invasive alien marine species can have serious ecological as well as social and economic impacts."*
The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock
The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
A reflection on the past, present and future of environmental law in this 20th Anniversary Edition offers an opportunity to revisit the Endangered Species Act, particularly the Northern Rocky Mountain States federal wolf reintroduction program. Environmental programs that depend on public support for their effectiveness are problematic when the government fails to understand and compensate for this fact. This essay explores the proposition that the federal government's failure to anticipate and respond to the negative reaction of people adversely affected by proposed solutions to environmental problems is contributing to a lack of progress despite great strides in our scientific understanding. …
Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock
Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Whales capture the public's imagination like no other wild animal. They have played a central role in "the social construction of modern ecological thought." Indeed, the survival of whales has been a symbol of the environmental movement since the latter quarter of the twentieth century, when the "slogan 'save the whales' was a call to arms to save the planet from humanity's folly. " Stories about whale conservation implicate cultural clashes, interspecies morality, and global politics. They offer lessons in how not to manage a natural resource, and simultaneously show how both governmental and individual activism can overcome this mismanagement …
Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff
Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff
Publications
Three hours west of Phoenix, Arizona, the Colorado River Indian Tribes (“CRIT”), a federally recognized tribe that includes over 3,700 enrolled members of Mohave, Chemehuevi, Navajo, and Hopi descent, occupies a reservation nearly 300,000 acres in size. The CRIT was one of five tribes to have its water rights confirmed in the landmark case of Arizona v. California, and therefore has senior rights to 719,248 acre-feet of Colorado River water, nearly one-third of Arizona’s allocation. How the CRIT came to be a single federally recognized tribe composed of members from four indigenous peoples located on lands that were a fraction …
Rethinking Sustainability To Meet The Climate Change Challenge, Sarah Krakoff
Rethinking Sustainability To Meet The Climate Change Challenge, Sarah Krakoff
Publications
A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …