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Environmental Law Commons

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2018

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Articles 631 - 660 of 830

Full-Text Articles in Environmental Law

Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit, Meredyth Merrow Jan 2018

Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit, Meredyth Merrow

UC Law Environmental Journal

No abstract provided.


Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph A. Schremmer, Charles C. Steincamp Jan 2018

Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph A. Schremmer, Charles C. Steincamp

Faculty Scholarship

This Article argues that the Commission's legitimate interest in enforcing its oil and gas regulations, especially including well-plugging regulations, does not justify absolute imputation of regulatory liability to third-party operators under Kan. Stat. Ann. § 55-155(c)(4). But, under certain circumstances, the state's interest may justify imputing personal liability on the individual constituents of a license applicant where the individual is culpable for the underlying regulatory violation or the applicant has a business connection with the operator primarily responsible for the violation, and the competing public policies of groundwater protection and limited liability justify the imputation. This Article proposes a procedural …


Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants, Anemoone Soete Jan 2018

Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants, Anemoone Soete

Buffalo Environmental Law Journal

One unmistakable and indisputable consequence of Climate Change is found in the realm of oceans. Sea-levels are currently rising at a pace unknown to mankind and as a consequence island states are destined to lose habitable land territory. Whereas some may lose parts, others will lose all of it in the current business as usual scenario. This reality first begs the question as to whether an island state will continue to be a state once bereft of a territorial basis. Secondly, it must be considered how islanders might retain legal personality should this is no longer be possible through the …


The Climate Justice Movement In Western New York, Sam Magavern, Lynda Schneekloth Jan 2018

The Climate Justice Movement In Western New York, Sam Magavern, Lynda Schneekloth

Buffalo Environmental Law Journal

No abstract provided.


To Kill A Migratory Bird: How Incidental Takes By Commercial Industry Activity Should Be Regulated By A New Civil Penalty Regime, Not The Current Mbta, Brittany E. Barbee Jan 2018

To Kill A Migratory Bird: How Incidental Takes By Commercial Industry Activity Should Be Regulated By A New Civil Penalty Regime, Not The Current Mbta, Brittany E. Barbee

Buffalo Environmental Law Journal

Migratory birds are at odds with commercial industries in the United States. Industries are occasionally and accidentally killing migratory birds through their legal activity. Such actions against migratory birds are known as incidental takes. While the century-old Migratory Bird Treaty Act (MBTA) prohibits the taking of migratory birds, it is unclear as to whether it prohibits these modern-day incidental takes. The MBTA imposes criminal strict liability on those who violate its prohibitions, regardless of one's mental state at the time of the incident. Should the federal government hold commercial industries criminally liable for incidentally taking migratory birds through otherwise legal …


Policy Meltdown: How Climate Change Is Driving Excessive Nuclear Energy Investment, Ashley Hardy, Dontan Hart Jan 2018

Policy Meltdown: How Climate Change Is Driving Excessive Nuclear Energy Investment, Ashley Hardy, Dontan Hart

Buffalo Environmental Law Journal

The United States is currently experiencing what some have labeled a nuclear energy renaissance. This so-called renaissance responds in part to growing concerns about global warming and the need to reduce the greenhouse gas emissions associated with electricity production. A growing number of policymakers and scholars view nuclear energy development as one of the most promising means of slowing climate change because nuclear energy does not produce greenhouse gas emissions. They are increasingly advocating that nuclear energy receive policy treatment at least as favorable as that afforded to renewable energy strategies such as wind and solar energy. Some state governments …


California’S Next Environmental Frontier: Climate Justice Leadership, Suma Peesapati Jan 2018

California’S Next Environmental Frontier: Climate Justice Leadership, Suma Peesapati

UC Law Environmental Journal

No abstract provided.


Chasing Results From The Chasing Arrows: Strategies For The United States To Stop Wasting Time And Resources When It Comes To Recycling, 52 Uic J. Marshall L. Rev. 147 (2018), Christina Everling Jan 2018

Chasing Results From The Chasing Arrows: Strategies For The United States To Stop Wasting Time And Resources When It Comes To Recycling, 52 Uic J. Marshall L. Rev. 147 (2018), Christina Everling

UIC Law Review

The United States is a leader when it comes to creating waste, but not when it comes to disposing of that waste in environmentally conscious ways, such as through recycling. While other countries boast recycling rates over 60 percent, the United States’ recycling rate is an unimpressive 25 percent. Even amidst a “zero waste” movement, there are few national efforts to increase our recycling rate. Some state and local communities have picked up the slack, implementing a variety of strategies to boost their recycling output and reduce waste. These initiatives, such as automatic curbside recycling, landfill bans, mandatory recycling, container …


The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera Jan 2018

The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera

American University International Law Review

No abstract provided.


Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad Jan 2018

Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Board Rooms And Jail Cells- Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin Jan 2018

Board Rooms And Jail Cells- Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Staff of the Nature Conservancy often find themselves in corporate board rooms. Staff of Greenpeace often find themselves in jail cells. The Nature Conservancy (TNC) prides itself on its non-confrontational, collaborative deal making, partnering closely with corporations like chemical giant Dow and agricultural lightning rod Monsanto. Both Dow and Monsanto, in fact, are members of TNC’s Business Council along with the likes of BP, Shell, and Cargill. Greenpeace, on the other hand, prides itself on direct action, civil disobedience, and non-violent confrontation. Greenpeace has launched combative operations against Dow, Monsanto, and other TNC collaborators. While business partners praise TNC’s cooperative …


The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan Jan 2018

The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on cost-benefit analysis. This regressive effect occurs as long as downwind communities that suffer health and harms from environmental contamination are generally less wealthy than the owners of pollution sources that avoid regulatory-compliance costs. The availability of compensation to pollution-victims has the potential to ameliorate this regressive effect. This Article recommends that the availability of …


Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon Jan 2018

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes strategies that local governments are employing to both mitigate and adapt to climate change, using their state-given powers to plan community development and to regulate private building. Local governments have significant legal authority to shape human settlements and, in so doing, lower CO2 emissions from buildings and vehicles, increase the sequestration of carbon by the natural environment, and promote distributed energy systems and renewable energy facilities that lower fossil fuel consumption. Local elected leaders are highly motivated to avoid the on-the-ground consequences of our changing climate. The effects of climate change manifest themselves at the local level, …


Crafting Next Generation Eco-Label Policy, Jason J. Czarnezki, Katrina F. Kuh Jan 2018

Crafting Next Generation Eco-Label Policy, Jason J. Czarnezki, Katrina F. Kuh

Elisabeth Haub School of Law Faculty Publications

Eco-labels present a promising policy tool in the effort to achieve sustainable consumption. Many questions remain, however, about the extent to which eco-labels can contribute to sustainability efforts and how to maximize their effectiveness. This Article deploys research from evolutionary psychology, behavioral law and economics, and norm theory to offer specific insights for the design and implementation of eco-labels to enhance their influence on sustainable consumer choice. Notably, this research suggests possibilities for eco-labels to shape or expand consumer preferences for green goods, and thereby enhance eco-label influence on consumer behavior by extending it beyond eco-minded consumers. We suggest that …


Bluebooking Environmental Resources, Deborah Heller Jan 2018

Bluebooking Environmental Resources, Deborah Heller

Elisabeth Haub School of Law Faculty Publications

Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material.


Private Governance Responses To Climate Change: The Case Of Global Civil Aviation, Michael P. Vandenbergh, Daniel J. Metzger Jan 2018

Private Governance Responses To Climate Change: The Case Of Global Civil Aviation, Michael P. Vandenbergh, Daniel J. Metzger

Fordham Environmental Law Review

No abstract provided.


Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens Jan 2018

Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens

Articles

In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …


Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner Jan 2018

Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner

Animal Law Review

Dams are a critical threat to salmon habitat and population recovery. While much progress has been made in the past few years with dam removal, the more quickly dams are removed, the greater chance that salmon can be restored to their historic ranges. In the Pacific Northwest, dams are a particular threat to salmon. Many regulatory tools can be used to bring dams into compliance, but there is often much resistance to these efforts. This Essay proposes that by targeting dilapidated private dams opposed to functional ones on public land, compliance or removal will be achieved with less resistance and …


Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley Jan 2018

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

Articles

No abstract provided.


Environmens Rea, Anthony Moffa Jan 2018

Environmens Rea, Anthony Moffa

Faculty Publications

Many policymakers remain blind to the moral implications of environmental harm caused by government action (or inaction) and have not adequately considered how criminal law deals with similar immoral behavior in other contexts. Building from Lisa Heinzerling’s thought-provoking essay Knowing Killing and Environmental Law, this article considers the possibility of criminal culpability for environmental policy decisions and the implications of that potential culpability for decision-making and communication. It builds from the premise that morality and law universally condemn the knowing killing of other human beings. It matters not that the identities of the dead are unknown. What matters from the …


Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah Britton-Purdy Jan 2018

Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah Britton-Purdy

Faculty Scholarship

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …


The Long Environmental Justice Movement, Jedediah Purdy Jan 2018

The Long Environmental Justice Movement, Jedediah Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put …


California Environmental Quality Act Lawsuits And California’S Housing Crisis, Jennifer Hernandez Jan 2018

California Environmental Quality Act Lawsuits And California’S Housing Crisis, Jennifer Hernandez

UC Law Environmental Journal

No abstract provided.


Friends Of The Eel River, Iccta Preemption, And The Future Of California High Speed Rail Litigation, Christopher J. Butcher, Johannah E. Kramer Jan 2018

Friends Of The Eel River, Iccta Preemption, And The Future Of California High Speed Rail Litigation, Christopher J. Butcher, Johannah E. Kramer

UC Law Environmental Journal

No abstract provided.


Too Big To Fail: Limiting Public Risk In Hydropower Licensing, Joshua Viers, Daniel Nover Jan 2018

Too Big To Fail: Limiting Public Risk In Hydropower Licensing, Joshua Viers, Daniel Nover

UC Law Environmental Journal

No abstract provided.


The Breathers Of Bayview Hill: Redevelopment And Environmental Justice In Southeast San Francisco, Lindsey Dillon Jan 2018

The Breathers Of Bayview Hill: Redevelopment And Environmental Justice In Southeast San Francisco, Lindsey Dillon

UC Law Environmental Journal

No abstract provided.


The True Cost Of “Cheap” Seafood: An Analysis Of Environmental And Human Exploitation In The Seafood Industry, Tiffany T. V. Duong Jan 2018

The True Cost Of “Cheap” Seafood: An Analysis Of Environmental And Human Exploitation In The Seafood Industry, Tiffany T. V. Duong

UC Law Environmental Journal

No abstract provided.


Environmental Justice Act Of 2017: A Fighting Chance For Frontline Communities, Jeremy Orr Jan 2018

Environmental Justice Act Of 2017: A Fighting Chance For Frontline Communities, Jeremy Orr

UC Law Environmental Journal

No abstract provided.


Safeguarding Development: Risk Reduction In U.S. Government Foreign Aid And Investment Facilitation Beyond The Current Patchwork, Naomi Roht-Arriaza Jan 2018

Safeguarding Development: Risk Reduction In U.S. Government Foreign Aid And Investment Facilitation Beyond The Current Patchwork, Naomi Roht-Arriaza

UC Law Environmental Journal

No abstract provided.


An Introduction To The Student Pieces, Hadar Aviram, David Takacs Jan 2018

An Introduction To The Student Pieces, Hadar Aviram, David Takacs

UC Law Environmental Journal

No abstract provided.