Environmental Law Commons^™

Coal Ash And Groundwater: Past, Present And Future Implications Of Regulation, John Daniels

William & Mary Environmental Law and Policy Review

No abstract provided.

Essay – The Toxic Legacy Of Coal Ash On Southeastern Rivers, Waterways, And Reservoirs, Cale Jaffe

William & Mary Environmental Law and Policy Review

My talk focuses on what I have called the toxic legacy of coal ash pollution in the Southeastern United States, andmy goal today is to give you all an insight into how we in the environmental community—by which I mean the waterkeepers and riverkeepers—are seeing this issue. I also hope to share with you the perspective of the impacted communities and families that live downstream of these coal ash lagoons.

Message In A Water Bottle: The Call For A Tri-State Tmdl For Western Lake Erie, Lauren Coleman

William & Mary Environmental Law and Policy Review

No abstract provided.

Barometer Rising: The Cartagena Protocol On Biosafety As A Model For Holistic International Regulation Of Ocean Fertilization Projects And Other Forms Of Geoengineering, Matthew Hubbard

William & Mary Environmental Law and Policy Review

No abstract provided.

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO₂) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to …

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik

Media Presence

No abstract provided.

Information As A Solution To Encroachment In Bwindi Impenetrable National Park, Hugo Fraga, Dr. Brigham Young

Journal of Undergraduate Research

In many parts of the world, the accountability of public agencies to citizens is limited. Graft, corruption, and mismanagement are a way of life. Citizens have few ways to influence official decisions. Many times, the fundamental problem is information. Citizens are not well informed about the services and government policies that directly impact their lives. They also have few ways to convey information about their preferences for policy.

Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller

Student Scholarship

Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.

When evaluating claims that allege violations of the “take” prohibition, …

Nuclear Stalemate: Indefinite Above-Ground Storage Is A Temporary, Albeit Safe Band-Aid For A Serious Wound, Steven D. Melzer

Notre Dame Law Review

This Note focuses on the validity and wisdom of the Nuclear Regulatory Commission’s approach: the September 2014 Rule and accompanying Generic Environmental Impact Statement (GEIS), as well as their combined potential to significantly alter the trajectory of spent fuel storage and disposal in the United States. Part I will explain the relevant history helpful to understand the political battles and legal issues surrounding spent fuel disposal and the Yucca Mountain project. Parts II and III will analyze the implications of the new Continued Storage Rule and why it likely satisfies all applicable statutory requirements and judicial orders. Part IV will …

Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox

University of Miami Inter-American Law Review

Aquatic invasive species are marine, estuarine, or freshwater organisms that adversely impact ecosystems they are not native to. Such impacts include long-lasting or permanent damage to habitats, ecosystem balance, and biodiversity. These impacts have a cascading effect on local economies dependent on these natural resources by impeding recreational and commercial activities. Moreover, aquatic invasive species control and management is both complex and challenging due to the lack of physical barriers in aquatic environments to abate or contain the spread of these nuisance species. The Wider Caribbean Region has been notably impacted by the introduction of the non-native lionfish (Pterois volitans) …

Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani

Elisabeth Haub School of Law Faculty Publications

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …

Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

A Community Development Agreement or CDA can be a vital mechanism for ensuring that local communities benefit from large-scale investment projects, such as mines or forestry concessions. In formalizing agreements between an investor and a project-affected community, CDAs set out how the benefits of an investment project will be shared with local communities. In some countries CDAs are required by domestic legislation; in others, they are entered into voluntarily. The most effective CDAs are also adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which …

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

Book Review: Earth Jurisprudence: Private Property And The Environment, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

Trends In Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes And Allowable Private Land Uses, Jessica Owley, Adena R. Rissman

Journal Articles

The terrain of private-land conservation dealmaking is shifting. As the number of acres of private land protected for conservation increases, our understanding of what it means for a property to be "conserved" is shifting. We examined 269 conservation easements and conducted 73 interviews with land conservation organizations to investigate changes in private-land conservation in the United States. We hypothesized that since 2000, conservation easements have become more complex but less restrictive. Our analysis reveals shifts in what it means for private land to be "conserved." We found that conservation easements have indeed become more complex, with more purposes and terms …

Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk

Seattle Journal for Social Justice

No abstract provided.

Law Library Blog (February 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson

Cardozo Law Review

No abstract provided.

The Green Economy Paradox: A Critical Inquiry Into Sustainability Indexes, Oren Perez

Minnesota Journal of Law, Science & Technology

No abstract provided.

Reviving The Environmental Justice Agenda, Rachael E. Salcido

Chicago-Kent Law Review

During his 2008 campaign, President Obama pledged that his administration would put an emphasis on environmental justice, outlining a strategy to address the unequal burden of pollution in low-income, minority and indigenous communities. Though many criticize some of the shortcomings, such as inadequate pursuit of civil rights remedies, the administration has followed through to supply some of the most critical components of solutions to the environmental justice challenge: leadership, capacity, collaboration-in-fact, and funding. This article will examine the reinvigorated Inter-Agency Working Group on Environmental Justice, the roadmaps prepared to address EJ, and significant rules and guidance enacted by the EPA …

Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim

Chicago-Kent Law Review

The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …

The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel

Chicago-Kent Law Review

Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes—often in interaction with litigation—has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants.

Although many observers critique this state of affairs and wish for a legislature more able to act, this essay argues that more …

The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections, Edward J. Larson

Duke Law & Technology Review

A landmark report by the National Academy of Sciences (NAS) issued in 2015 is the latest in a series of scientific studies to assess the feasibility of geoengineering with stratospheric aerosols to offset anthropogenic global warming and to conclude that they offer a possibly viable supplement or back-up alternative to reducing carbon dioxide emissions. The known past effect of major explosive volcanic eruptions temporarily moderating average worldwide temperatures provides evidence in support of this once taboo form of climate intervention. In the most extensive study to date, an elite NAS committee now suggests that such processes for adjusting global temperature, …

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

From Paris To Orlando: Achieving Climate Justice In Our Communities, Tim Heberlein, Moderator, Josephine Balzac, Esq., Jasmine Burney, Chris Castro, Jeannie Economos

Environmental and Animal Law

Florida A & M University College of Law, in collaboration with the City of Orlando and a host of community organizations and members, presents a panel discussion about climate justice and sustainability in our communities.