Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (126)
- Land Use Law (93)
- Energy and Utilities Law (80)
- Administrative Law (78)
- Water Law (66)
-
- Agriculture Law (64)
- Oil, Gas, and Mineral Law (63)
- International Law (52)
- Social and Behavioral Sciences (51)
- Indigenous, Indian, and Aboriginal Law (50)
- Human Rights Law (43)
- Animal Law (42)
- Cultural Heritage Law (37)
- Science and Technology Law (36)
- Civil Rights and Discrimination (32)
- Comparative and Foreign Law (29)
- Public Affairs, Public Policy and Public Administration (29)
- Physical Sciences and Mathematics (28)
- Constitutional Law (27)
- Environmental Sciences (27)
- State and Local Government Law (27)
- Food and Drug Law (26)
- Property Law and Real Estate (26)
- Criminal Procedure (24)
- Legislation (20)
- Law and Society (18)
- Transnational Law (17)
- Environmental Policy (16)
- Institution
-
- University of Montana (40)
- Columbia Law School (34)
- William & Mary Law School (29)
- University of Colorado Law School (24)
- Loyola University Chicago, School of Law (21)
-
- Pace University (21)
- SJ Quinney College of Law, University of Utah (18)
- Schulich School of Law, Dalhousie University (17)
- Seattle University School of Law (16)
- UC Law SF (16)
- University of Arkansas, Fayetteville (14)
- Villanova University Charles Widger School of Law (13)
- Georgia State University College of Law (11)
- Texas A&M University School of Law (11)
- University of Maine School of Law (11)
- Maurer School of Law: Indiana University (9)
- University of Michigan Law School (9)
- University of New Mexico (9)
- University at Buffalo School of Law (8)
- Yeshiva University, Cardozo School of Law (8)
- Barry University School of Law (7)
- Georgetown University Law Center (7)
- University of San Diego (7)
- American University Washington College of Law (6)
- Roger Williams University (6)
- Mitchell Hamline School of Law (5)
- Cornell University Law School (4)
- San Jose State University (4)
- Singapore Management University (4)
- Universitas Indonesia (4)
- Keyword
-
- Climate change (52)
- Environmental law (28)
- Climate Change (18)
- Environment (15)
- Law (15)
-
- Publications (14)
- Environmental Law (13)
- Pollution (12)
- Clean Water Act (11)
- Environmental (11)
- Human rights (11)
- Administrative law (10)
- Clean Air Act (9)
- Paris Agreement (9)
- Regulation (9)
- Adaptation (8)
- Canada (8)
- Energy (8)
- Environmental justice (8)
- Ocean (8)
- EPA (7)
- Land (7)
- Property (7)
- Sustainability (7)
- Agriculture (6)
- Coastal (6)
- Land use (6)
- Natural resources (6)
- Renewable energy (6)
- Standing (6)
- Publication
-
- Public Land & Resources Law Review (38)
- Faculty Scholarship (30)
- Public Interest Law Reporter (21)
- UC Law Environmental Journal (16)
- Colorado Environmental Law Journal (15)
-
- Journal of Food Law & Policy (14)
- William & Mary Environmental Law and Policy Review (14)
- Villanova Environmental Law Journal (1991 - ) (12)
- Virginia Coastal Policy Center (12)
- Columbia Center on Sustainable Investment Staff Publications (11)
- Utah Law Faculty Scholarship (11)
- Articles, Book Chapters, & Popular Press (10)
- Journal of Comparative Urban Law and Policy (9)
- Pace Environmental Law Review (9)
- Faculty Publications (8)
- Sabin Center for Climate Change Law (8)
- Elisabeth Haub School of Law Faculty Publications (7)
- San Diego Journal of Climate & Energy Law (7)
- Seattle Journal of Environmental Law (7)
- American Indian Law Journal (6)
- Indiana Law Journal (6)
- Ocean and Coastal Law Journal (6)
- Publications (6)
- Utah Law Review (6)
- Articles (5)
- Buffalo Environmental Law Journal (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Pace Environmental Law Review Online Companion (5)
- Environmental and Earth Law Journal (EELJ) (4)
- Library Philosophy and Practice (e-journal) (4)
- Publication Type
Articles 331 - 360 of 491
Full-Text Articles in Environmental Law
Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn
Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn
2020 Award Winners
No abstract provided.
Living On Coral Time: Debating Conservation In The Anthropocene, Irus Braverman
Living On Coral Time: Debating Conservation In The Anthropocene, Irus Braverman
Other Scholarship
No abstract provided.
A Guide To Development Order “Consistency” Challenges Under Florida Statutes Section 163.3215, Richard Grosso
A Guide To Development Order “Consistency” Challenges Under Florida Statutes Section 163.3215, Richard Grosso
Faculty Scholarship
No abstract provided.
Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu
Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu
UIC Law Review
No abstract provided.
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Public Land & Resources Law Review
No abstract provided.
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Public Land & Resources Law Review
No abstract provided.
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Public Land & Resources Law Review
Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Public Land & Resources Law Review
No abstract provided.
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
Public Land & Resources Law Review
No abstract provided.
Exploring Paths For Water Services And Human Capabilities In U.S.-Mexico Border Colonias, Chilton Tippin
Exploring Paths For Water Services And Human Capabilities In U.S.-Mexico Border Colonias, Chilton Tippin
Open Access Theses & Dissertations
This Thesis examines causes and consequences of water insecurity in colonias on the U.S.-Mexico border and explores potential pathways for improving situations wherein low-income households lack reliable access to water and sewer services. Colonias are low-income, rural and/or semi-rural communities that lack basic services, such as paved streets, water, and sewer. Through in-depth interviews, surveys, and ethnographic observations, the research presented here describes needs, desires, and capabilities of residents in two high-needs Texas colonias. First, findings elucidate the lived experiences of water insecurity in colonias households, leading to an argument that lacking water access constitutes a nexus, wherein water insecurity …
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In 1861, the Ohio Supreme Court adopted the Absolute Use Rule to govern groundwater, essentially allowing landowners its unencumbered use. The opinion noted that the behavior of subterranean water was “occult and mysterious” and that it was beyond the competence of judges to determine its appropriate use. The Ohio court reversed course in 1984 and adopted the Reasonable Use Rule. By then, scientific knowledge had advanced to the point that the interconnected movement of water was more readily discoverable. The court noted that a primary goal of water law should be to conform to hydrologic fact. This Article explores the …
Sustainable Development And Indian Environmental Jurisprudence, Saptarishi Bandopadhyay
Sustainable Development And Indian Environmental Jurisprudence, Saptarishi Bandopadhyay
Articles & Book Chapters
No abstract provided.
Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen
Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen
Faculty Publications
The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we assert that it is useful to understand these challenges collectively, as part of an emerging agenda of …
Visibility Protection Under The Clean Air Act, Arnold W. Reitze Jr.
Visibility Protection Under The Clean Air Act, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
The Clean Air Act’s (CAAs) visibility protection program was created in 1977 and expanded in 1990. It applies to states with sources of air emissions that impact 156 Federal Class I areas, which include national parks and wilderness areas. Such states are required to develop haze implementation plans (SIPs) to control emissions in order to restore natural visibility in Class I areas. Initially, large stationary sources that began operating between 1962 and 1977 were to install the Best Available Retrofit Technology (BART) based on regulations issued by EPA. This process resulted in complex rules, litigation, and political maneuvering. Subsequently, the …
Warming Oceans, Coastal Diseases, And Climate Change Public Health Adaptation, Robin Kundis Craig
Warming Oceans, Coastal Diseases, And Climate Change Public Health Adaptation, Robin Kundis Craig
Utah Law Faculty Scholarship
Climate change is changing the world’s ocean in three important ways. First, the ocean is warming. Second, sea levels are rising. Finally, ice is melting. All of these changes have important implications for human disease risk, ranging from a fairly prosaic increase in harmful algal blooms to the science-fictionish re-release of deadly microbes from long ago.
In the United States, coastal adaptation efforts to date have been sluggish. Many uncertainties attend climate change’s effects on the ocean, particularly with regard to sea-level rise and ice melting. In addition, the time scales involved are generally long, outside of the planning ken …
Reversing Course On Environmental Justice Under The Trump Administration, Uma Outka, Elizabeth Kronk Warner
Reversing Course On Environmental Justice Under The Trump Administration, Uma Outka, Elizabeth Kronk Warner
Utah Law Faculty Scholarship
This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking racial and income lines. As a result of decades of advocacy, environmental justice has become an established, if not realized, principle in environmental law. Shifting positions under the Trump Administration now undermine this progress. To illustrate, this Article uses three exemplary contexts — agency transition, environmental law implementation, and international relations on climate …
Constitutional Environmental Law, Or, The Constitutional Consequences Of Insisting That The Environment Is Everybody's Business, Robin Kundis Craig
Constitutional Environmental Law, Or, The Constitutional Consequences Of Insisting That The Environment Is Everybody's Business, Robin Kundis Craig
Utah Law Faculty Scholarship
Constitutional environmental law has become a recognized and institutionalized specialty within environmental law, an acknowledgement of the pervasive interactions between the U.S. Constitution and the federal environmental statutes that go well beyond the normal constitutional underpinnings of federal administrative law. This Article posits that constitutional environmental law is the result of Congress consciously deciding that environmental protection is everybody’s business — specifically, from Congress’s that states should participate in rather than be preempted by federal environmental law, that private citizens and organizations should help to enforce the statutes, and that private land and water rights are necessary components of national …
Trickster Law: Promoting Resilience And Adaptive Governance By Allowing Other Perspectives On Natural Resource Management, Robin Kundis Craig
Trickster Law: Promoting Resilience And Adaptive Governance By Allowing Other Perspectives On Natural Resource Management, Robin Kundis Craig
Utah Law Faculty Scholarship
The Anthropocene requires a new approach to natural resources law and policy, an approach that this short article terms "trickster law." Trickster law incorporates insights from resilience theory, adaptive governance scholarship, and cultural/anthropological studies of trickster tales to create a legal approach to natural resource management that is precautionary, engaged in proactive planning, based in principled flexibility, and pluralistic. This article focuses on the "pluralism" component, presenting three examples of how law modified to be more inclusive and respect different value systems has generated new approaches to natural resources management that better promote social-ecological resilience to climate change and other …
Adaptive Management For Ecosystem Services At The Wildland-Urban Interface, Robin Kundis Craig, J.B. Ruhl
Adaptive Management For Ecosystem Services At The Wildland-Urban Interface, Robin Kundis Craig, J.B. Ruhl
Utah Law Faculty Scholarship
Managing the wildland-urban interface (WUI) is a widely-recognized land use problem plagued by a fractured geography of land parcels, management jurisdictions, and governance mandates and objectives. People who work in this field have suggested a variety of approaches to managing this interface, from informal governance to contracting to insurance. To date, however, none of these scholars have fully embraced the dynamism, uncertainty, and complexity of the WUI — that is, its status as a complex adaptive system. In focusing almost exclusively on the management of this interface to control wildfire, this scholarship largely ignores the factor that rampant wildfire is …
Atomizing The Clean Water Act: Ignoring The Whole Statute And Asking The Wrong Questions, Robert W. Adler, Brian House
Atomizing The Clean Water Act: Ignoring The Whole Statute And Asking The Wrong Questions, Robert W. Adler, Brian House
Utah Law Faculty Scholarship
When attempting to resolve difficult issues of statutory construction involving complex statutes, courts sometimes focus on individual words and phrases without evaluating how they fit within the text and structure of the whole statute. We call this “atomization” of the statutory text. Judges have fallen into this trap in construing the Clean Water Act (CWA) and other lengthy, complex federal environmental statutes. That tendency contributes to ongoing confusion about the scope and coverage of the CWA. During the 2019-2020 Term, the U.S. Supreme Court will resolve a circuit split in the most recent line of cases exhibiting this tendency. Courts …