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Environmental Law Commons

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2014

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Articles 271 - 300 of 643

Full-Text Articles in Environmental Law

The Future Of Wilderness Management, Peter A. Appel Apr 2014

The Future Of Wilderness Management, Peter A. Appel

Presentations and Speeches

This is a presentation by Professor Peter A. Appel on April 11, 2014, at a symposium entitled "The Wilderness Act at 50" sponsored by the Lewis and Clark Law School. Please click here to view the presentation.


Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival Apr 2014

Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival

Congressional Testimony

No abstract provided.


Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh Apr 2014

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land & Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.


Taking On Water: The Supreme Court Rejects A Temporary Flooding Exception To Fifth Amendment Notes, Elizabeth Judy Apr 2014

Taking On Water: The Supreme Court Rejects A Temporary Flooding Exception To Fifth Amendment Notes, Elizabeth Judy

Journal of Environmental and Sustainability Law

No abstract provided.


Carbon Capture And Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole Apr 2014

Carbon Capture And Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole

Journal of Environmental and Sustainability Law

No abstract provided.


Discharge Of A Pollutant: The Clean Water Act Definition That Has Caused Much Confusion, Arsenio L. Mims Apr 2014

Discharge Of A Pollutant: The Clean Water Act Definition That Has Caused Much Confusion, Arsenio L. Mims

Journal of Environmental and Sustainability Law

No abstract provided.


Table Of Contents Apr 2014

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk Apr 2014

Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk

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

It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries following …


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds Apr 2014

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

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

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …


Capital Rigidities, Latent Externalities, Shi-Ling Hsu Apr 2014

Capital Rigidities, Latent Externalities, Shi-Ling Hsu

Scholarly Publications

Capital, one of two fundamental inputs to production, is critical to economic growth. As such, legal rules and institutions generally seek to create more of it, and they also seek to protect existing capital from policy changes. However, capital is often durable, and during its natural life, information may emerge pointing to negative externalities resulting from operation of that capital. Legal rules and institutions, in seeking to stimulate and sustain economic growth by promoting and protecting capital, thus tend to induce the creation of excess capital. This abundance of capital creates excess resistance to new regulation or policy reform, as …


Table Of Contents Apr 2014

Table Of Contents

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

No abstract provided.


Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael Apr 2014

Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael

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

This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.


Masthead & Front Matter Apr 2014

Masthead & Front Matter

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

No abstract provided.


The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr. Apr 2014

The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.

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

One of the oldest doctrines of environmental law, the public trust doctrine, is sufficiently ambiguous that it risks threatening widespread adoptions of alternative energy sources such as wind energy. Because of this, the public trust doctrine threatens the protection of the environment in the name of protection of the environment. Yet, the public trust doctrine and future energy policy should be complementary and not exclusionary of each other. In light of this, whether an agency has public trust authority should be determined based on six factors: the legal authority of state fiduciaries; due diligence by state fiduciaries in determining if …


Upwind Battle: The Epa Tests The Limits Of Its Statutory Authority Again, An, Elizabeth Moeller Apr 2014

Upwind Battle: The Epa Tests The Limits Of Its Statutory Authority Again, An, Elizabeth Moeller

Journal of Environmental and Sustainability Law

No abstract provided.


Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John H. Davidson Apr 2014

Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John H. Davidson

Journal of Environmental and Sustainability Law

No abstract provided.


Epa, Outer Continental Shelf Sources, And Deference Resisting Environmental Destricution On Indigenous Lands, The, Sarah Melz Apr 2014

Epa, Outer Continental Shelf Sources, And Deference Resisting Environmental Destricution On Indigenous Lands, The, Sarah Melz

Journal of Environmental and Sustainability Law

No abstract provided.


Storage Portfolio Standards: Incentivising Green Eenrgy Storage, Victoria Johnston Apr 2014

Storage Portfolio Standards: Incentivising Green Eenrgy Storage, Victoria Johnston

Journal of Environmental and Sustainability Law

No abstract provided.


Captive Consumer Paradox: The D.C. Circuit's Attempt To Bring Symmetry To Clean Air Act Incentives For Cellulosic Biofuel Production, A, John W. Shikles Apr 2014

Captive Consumer Paradox: The D.C. Circuit's Attempt To Bring Symmetry To Clean Air Act Incentives For Cellulosic Biofuel Production, A, John W. Shikles

Journal of Environmental and Sustainability Law

No abstract provided.


Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston Apr 2014

Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston

Law Faculty Research Publications

No abstract provided.


Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis Apr 2014

Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis

West Virginia Law Review

No abstract provided.


Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon Apr 2014

Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon

West Virginia Law Review

No abstract provided.


Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen Apr 2014

Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen

West Virginia Law Review

No abstract provided.


Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks Apr 2014

Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks

West Virginia Law Review

No abstract provided.


Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Apr 2014

Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri Apr 2014

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Michigan Law Review

Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from …


Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks Apr 2014

Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks

West Virginia Law Review

No abstract provided.


Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy Apr 2014

Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy

Michigan Journal of Environmental & Administrative Law

The following are the prepared remarks delivered at the University of Michigan Law School’s 2013 Environmental Law and Public Health Conference on September 26, 2013.


Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann Apr 2014

Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann

Michigan Journal of Environmental & Administrative Law

In September 1996, when I was nearing the end of my sixth year as a Justice Department environmental crimes prosecutor, one of my colleagues sent me an email that there was a “good-sounding RCRA [Resource Conservation and Recovery Act] knowing endangerment case developing in Idaho.” A twenty-year-old man named Scott Dominguez had collapsed inside a storage tank at an Idaho fertilizer manufacturing facility called Evergreen Resources. Mr. Dominguez could not be rescued for nearly an hour, because firefighters who responded to the scene did not know what was in the tank and what safety precautions they needed to take before …


Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach Apr 2014

Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach

Michigan Journal of Environmental & Administrative Law

The purpose of this conference is to explore “the relationship between environmental protection and public health and how it should inform our efforts to become better stewards of the environment.” No one would disagree with the assertion that during the last forty years of federal environmental protection, air and water quality have improved and led to concomitant improvements in human health. Exploring the contours of this “relationship,” Environmental Protection Agency (EPA) Administrator Gina McCarthy said in her keynote speech that “[t]he thing is, the word ‘relationship’ is too neutral. The link between the health of our planet and the health …