Environmental Law Commons^™

New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene, Robin Kundis Craig

Utah Law Faculty Scholarship

The United Nations 17 sustainable development goals are nominally unprioritized. However, numerically and rhetorically, the list effectively makes development goals more important than the environmental goals. This de facto prioritization, however, is deeply flawed in two respects. First, as early sustainable development theorists acknowledged, the environment is the boundary of, not co-equal to, development, constraining potential progress both economically and socially. The Anthropocene’s rapidly accelerating deterioration of the global ecological and physical processes that make human development possible will ultimately constrain development options and potential. Second, human priorities will also change dramatically as adaptation to climate change — the most …

Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

The National Environmental Policy Act (NEPA) was an important environmental law for several decades before climate change became an issue of concern. Beginning in the 1990s efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality. However, implementation at the agency level has been uneven. Some Federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not been …

The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?, Anastacia Greene

Fordham Environmental Law Review

No abstract provided.

Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, Christina Libre

Articles

No abstract provided.

Modelling For Sustainable Development: New Decisions For A New Age, Andrea M. Bassi, Liesbeth Casier, David Laborde, Max Linsen, David Manley, Nicolas Maennling, Howard Mann, Morten Siersted, Carin Smaller, Iain Steele, David Uzsoki, Johnny West

Columbia Center on Sustainable Investment Books

This book outlines how next-generation models need to integrate social and environmental components in government and corporate decision-making. Traditionally, these models have focused on profits and taxes, but to achieve the UN’s Sustainable Development Goals, they need to take a more holistic view. The book builds on the expanding practices of modelling complex decision making requirements and indicators. It considers the challenges of decision making in the face of incomplete and sometimes inaccurate information, the role of multiple stakeholders, and the capacity of governments and others to use models effectively.

Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter

Sea Grant Law Fellow Publications

This study reviews the potential takings liability associated with government development of wind turbine projects in offshore areas. It begins by introducing the development of the offshore wind industry in the U.S. and the benefits and potential impacts associated with this industry. Section 2 explains and evaluates potential takings claims under each of four theories: (1) direct appropriation or physical invasion; (2) categorical takings; (3) partial takings; and (4) nuisance takings. Section 3 concludes.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Giving Biojet Wings: Policy Instruments For A Carbon Neutral Aviation Sector, Harri Kalimo, Olof Soebech, Leanor Reyes Mateo, Filip Sedefov

Colorado Environmental Law Journal

No abstract provided.

An Alternative To The Absolute Bar Effect Of Statutes Of Repose, Omeed Azmoudeh

Colorado Environmental Law Journal

No abstract provided.

Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Merriam-Webster's Unexpected Impact On The Environment: An Anlysis Of Justice Kavanaugh's Mexichem Fluor, Inc. V. Epa, Christina Rossetti

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did …

When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth

Cleveland State Law Review

The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens and …

Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann

Law & Economics Working Papers

In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.

Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner

American Indian Law Journal

No abstract provided.

Teacher Perceptions Of Environmental Science In Rural Northwestern New Mexico Public Schools, Marie Quiahuitl Julienne

Organization, Information and Learning Sciences ETDs

In this study, I explored what teachers perceive as the factors that impact their teaching of environmental science in rural secondary level schools in northwestern New Mexico. I adapted Bronfenbrenner’s (1994) ecological systems model, based on four environmental subsystem levels (microsystem, mesosystem, exosystem, and macrosystem), as the conceptual framework to address the major research question of this study, and developed 18 interview questions to explore teachers’ perceptions of factors that influence their teaching of environmental science. I investigated the perspectives science teachers have about environmental science topics and the influences they perceive that affect how they teach environmental science, and …

Juliana V. United States, Daniel Brister

Public Land & Resources Law Review

In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to the …

Borderless Commons Under Attack? Reconciling Recent Supreme Court Decisions With Watershed Scale Management, Mike Pease, Olen Paul Matthews

Seattle Journal of Environmental Law

Water managers have long called for management at watershed scales, instead of using hydrologically arbitrary boundaries like political borders. Considerable effort has been made in recent years to manage watersheds more holistically, but efforts to transfer water across state boundaries have been problematic, thwarted by legal and political obstacles. In Tarrant Regional Water District v. Herrmann the transferability of water across state boundaries has been reviewed by the Supreme Court. Tarrant, a water district in Texas, attempted to reallocate water from Oklahoma. The U.S. Supreme Court interpreted the case narrowly, focusing on the wording of the Compact, and determined Congress …

To Bee Or Not To Bee, Michael Davids

Seattle Journal of Environmental Law

Honey bees are the oil that keeps our agriculture system functioning and productive, yet beekeepers are one of the honey bee’s largest stressors. Bees are hived in uninsulated boxes, shipped thousands of miles to pollinate monoculture crops that affect their diet, and bred to produce less propolis—a valuable substance bees make to protect themselves, but neither federal nor state addresses these issues. This article proposes that the USDA and APHIS, as well as state agriculture agencies regulate hive design to mimic bees’ natural hives, regulate the design of truck trailers to trick bees into believing they are stationary, and change …

Contagious Environmental Lawmaking, Natasha Affolder

All Faculty Publications

It is rare to find an environmental law development or ‘innovation’ announced or celebrated without some discussion of its transferability. Discourses of diffusion are becoming increasingly central to the way that we develop, communicate and frame environmental law ideas. And yet, this significant dimension of environmental law practice seems to have outgrown existing conceptual scaffolding and scholarly vocabularies. The concept, and intentionally unfamiliar terminology, of ‘contagious lawmaking’ creates a space for both fleshing out, and problematizing, the phenomenon of the dynamic and multi-directional transfer of environmental law ideas. This article sets the stage for further study of the global diffusion …

Are Firm Emissions Data Likely To Be Accurate Under Carbon-Dioxide Cap & Trade Programs? An Economic Analysis, Kyle Beck

Senior Honors Projects, 2010-2019

Numerous policy makers around the world have implemented carbon dioxide (CO2) cap and trade programs in an effort to combat global climate change. However, under this policy option emitters face incentives to both overstate prior emission levels and then exaggerate emissions reductions induced by regulation. I first build a simple conceptual model which demonstrates these incentives for fraud, and then outline institutional conditions which could plausibly enhance, or else reduce, firm incentives to disseminate erroneous emissions data under this policy option. Next I analyze real world evidence suggesting that duplicitous emissions data, particularly for the pre-regulatory period, is a serious …

Considerations For Nisc’S Future Without Isac, Invasive Species Advisory Committee

National Invasive Species Council

The Invasive Species Advisory Committee (ISAC) was established in 1999 by Executive Order 131121 and furthered by Executive Order 137512 to provide consultation, feedback, information on particular issues, and expert advice generally for consideration by the National Invasive Species Council (NISC). ISAC is composed of distinguished, experienced volunteers from various organizations that are appointed to serve on the Committee by the Secretary of the Interior. Their task is to develop assessments on many aspects of the invasive species issue in the United States and to provide recommendations for the management, control, and response to key invasive species as articulated in …

Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Virginia State Water Control Board certified the issuance of permits for the construction of a natural gas pipeline that traversed over 300 miles of Virginia in addition to other states. Local environmental groups and individuals petitioned the Fourth Circuit to review the certification under the Administrative Procedure Act. The Fourth Circuit Court of Appeals gave deference to the agency’s actions and denied the petition for review.

Montreal Protocol, Howard J. Bromberg, Mark S. Coyne, W. J. Maunder

Book Chapters

DATE: Signed September 16, 1987; took effect January 1, 1989; amended 1990, 1992, 1995, 1997, and 1999

The Montreal Protocol was created to help preserve the Earth’s ozone layer by severely limiting the production and use of chlorofluorocarbons (CFCs ) and other halogenated compounds.

Under Coyote’S Mask: Environmental Law, Indigenous Identity, And #Nodapl, Danielle Delaney

Michigan Journal of Race and Law

This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal mechanism to challenge the construction of the pipeline distorted the indigenous demand for justice as U.S. federal law is incapable of seeing the full depth of the indigenous worldview supporting their challenge. Indigenous activists constantly re-centered the direct actions and protests within indigenous culture …