Environmental Law Commons^™

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …

Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara L. Seck, Penelope Simons

Responsible Business Conduct and Impact Assessment Law

This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.

The Silent Killer, Breanna Dashanae Cavanaugh

Senior Theses

Many people around the world follow the slogan “Go Green” or “keep green and keep our planet green”. Do all countries and people within them follow those slogans? Do all countries uphold the standards of what it means to go green to keep the planet clean? The question can be answered with this simple statistic: The top 20 countries with the most polluted urban areas in order, Pakistan, Qatar, Afghanistan, Bangladesh, Egypt, UAE, Mongolia, India, Bahrain, Nepal, Ghana, Jordan, China, Senegal, Turkey, Bulgaria, Mauritius, Peru, Serbia and Iran. [1]Now, based off this image you will be able to see the …

It's A Revolution I Suppose: The Supreme Court's Radioactive Decision In Virginia Uranium Inc. V. Warren, Samantha Pankey Martin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …

A Southern California Surfer's Perspective On Marine Spatial Planning, Edwin C. Kisiel Iii

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Contemplating Aggregation In Pursuits Of Conservation: Clean Air Council V. Commonwealth And The Project Aggregation Principle, Melissa A. Griest

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Maintaining A Picture-Perfect Environment: Shifts In The Standing Doctrine After League Of Conservation Voters V. Trump, Monica P. Matias Quiñones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Energy Economics: Just Compensation Under State Law In Tennessee Gas Pipeline Company V. Permanent Easement For 7.053 Acres, Spencer J. Miller

Villanova Environmental Law Journal (1991 - )

No abstract provided.

New Policies Give Solar Users An Economic Boost, Olivia Fowler

Marriott Student Review

The future looks bright for Solar Energy, as more States and Territories in the United States commit to moving to 100% renewable energy. What are the different states and territories committing to exactly, and what economic incentives are they bringing? Find out in this article by author Olivia Fowley.

When Improper Disposal Leads To More Than Hospital Visits: The Need For A National Standard For Used Medical Sharps, Albana Zherka

William & Mary Environmental Law and Policy Review

No abstract provided.

A Necessary Negative: Analysis Of The Tidewater Virginia Surry-Skiffes Creek Transmission Tower Litigation, Geoffrey Robert Grau

William & Mary Environmental Law and Policy Review

No abstract provided.

Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey

William & Mary Environmental Law and Policy Review

As society progresses and the population grows, uninhibited and unregulated pollution has become a pressing dilemma for current and future generations. Whether it is plastic on the beaches, oil in the oceans, or smog in the air, modern citizens of the Earth face a daily onslaught of visible consequences from the actions of polluters. But what about the not so visible consequences? Every day there is pollution occurring at a microscopic level, yet many are unaware of its presence. This infinitesimal issue is nutrient pollution, and despite its diminutive cause, it is deeply affecting one of the world’s most vital …

The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges

William & Mary Environmental Law and Policy Review

Seeking to disseminate cost-benefit analysis as part of a global agenda of reforms on regulatory policy, the Organization for Economic Cooperation and Development (“OECD”) has advocated this economic tool to all its member countries. A key partner of that international organization since 2007, Brazil officially sought in 2017 to be a permanent OECD member, which means accepting orientation from that organization on policy reforms, namely regulatory policy. This Article disagrees with OECD’s recommendation because traditional cost-benefit analysis has been technically flawed and politically biased towards a deregulatory agenda. The purpose of this Article, therefore, is to analyze the potential impacts …

The Iarc Monographs Program And The Federal Advisory Committee Act--Never The Twain Shall Meet?, David B. Fischer

William & Mary Environmental Law and Policy Review

No abstract provided.

Evaluating The Effects Of Fossil Fuel Supply Projects On Greenhouse Gas Emissions And Climate Change Under Nepa, Michael Burger, Jessica Wentz

William & Mary Environmental Law and Policy Review

Despite the high certainty of our looming climate catastrophe, fossil fuel production and consumption, and the greenhouse gas emissions that result, are increasing. In the United States, fossil fuel production reached record levels in 2018, and oil and gas pipelines are being constructed at an unprecedented pace. The National Environmental Policy Act (“NEPA”) provides the legal framework for the federal government to evaluate the climate impacts of these supply projects, such as leasing public lands and approving pipelines and export terminals. Yet, while federal agencies have begun to analyze how such projects impact climate change there are major inconsistencies in …

Climate Change Science And The Daubert Standard, Fred K. Morrison, Craig Manson, Matthew C. Wickersham

William & Mary Environmental Law and Policy Review

Climate change science attempts to predict the future based on complex modeling of potential levels of CO2, other greenhouse gases, manmade conditions, and naturally occurring events. Even the most widely cited analysis of climate change studies expressly acknowledges the limitations on accurately predicting the effects of climate change on anything other than a macro basis.1 These studies acknowledge substantial uncertainty in the prediction of climate change and its effects on a regional level, much less on a local level.2 Recent lawsuits brought by the State of Rhode Island; the counties of King (Washington), Marin (California), and San Mateo (California); the …

Feeding The World: How Changes In Biotech Regulation Can Jump-Start The Second Green Revolution And Diversify The Agricultural Industry, John A. Erwin, Robert Glennon

William & Mary Environmental Law and Policy Review

As the Earth’s population climbs from 7.7 billion in 2019 to almost 10 billion by mid-century, farmers will need to increase food production by 70 percent. This Article analyzes the tools available to achieve this demanding goal. We assess changes in agriculture related to both the organic industry and the high-tech sector that are enabling farmers to become more efficient. Critically, biotechnology offers great promise to hasten the pace of increased agricultural efficiency through genetic engineering. While genetic modification has been controversial, we cannot exclude any viable policy option, especially one with so much promise. Yet the current regulatory environment …

Table Of Contents (V. 44, No. 2)

William & Mary Environmental Law and Policy Review

No abstract provided.

Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria

American Indian Law Journal

No abstract provided.

Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country, Nicholas R. Sanchez

American Indian Law Journal

No abstract provided.

P2p Lending Can Increase Capital To Capitally Starved Indian Country, Craig Nichols

American Indian Law Journal

No abstract provided.

Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer

Seattle Journal of Technology, Environmental, & Innovation Law

What is water right mitigation?

The allocation of surface and ground water resources for out of stream uses via the western water rights doctrine of prior appropriation comes with serious environmental consequences – depletion of streamflow and aquifers. Over-appropriation by water rights has led to deleterious impacts on natural resources, including salmon survival, water quality, and public uses of state waterways.

Because of the over-appropriated condition of Washington’s rivers and aquifers, the issuance of new water rights has until recently required water-for-water or in-kind mitigation, with the goal to directly compensate for deleterious impacts. Historically, the Water Resources Program of …

Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling

Seattle Journal of Technology, Environmental, & Innovation Law

The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.

This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …

Part 3: Case Study Appendices To The Technical Reports, Seth J. Boettcher, Courtney Gately, Alexandra L. Lizano, Alexis Long, Alexis Yelvington

EENRS Program Reports & Publications

This Case Study Appendix to the Technical Reports expands on regulations in San Antonio and El Paso where these water alternatives are in place. The goal of this report is to provide insight into the legal and regulatory barriers, challenges, and opportunities for these technologies to go online. Each desalination and water recycling faciality implementation site must comply with various laws and regulations. The information in these Case Studies comes from the study of brackish groundwater desalination and water recycling facilities currently operating in Texas. While there is no updated “one-stop-shop” resource where a municipal leader can find a list …

Part 2: Water Recycling Technical Report For Direct Non-Potable Use, Seth J. Boettcher, Courtney Gately, Alexandra L. Lizano, Alexis Long, Alexis Yelvington

EENRS Program Reports & Publications

This Water Recycling Technical Report examines the legal frameworks that affect water recycling in Texas. The goal of this report is to provide insight into the legal and regulatory barriers, challenges, and opportunities for these technologies to go online. Each water recycling implementation site has to find ways of complying with various laws and regulations. The information in this Report comes from the study of water recycling facilities currently operating in Texas, as well as extensive research into available literature and documents from various agencies. While there is no updated “one-stop-shop” resource that provides detailed information on all the necessary …

Part 1: Brackish Groundwater Desalination Technical Report, Seth J. Boettcher, Courtney Gately, Alexandra L. Lizano, Alexis Long, Alexis Yelvington

EENRS Program Reports & Publications

This Brackish Groundwater Desalination Technical Report examines the legal frameworks that affect desalination in Texas. The goal of this report is to provide insight into the legal and regulatory barriers, challenges, and opportunities for these technologies to go online. Each desalination implementation site has to find ways of complying with various laws and regulations. The information in this Report comes from the study of brackish groundwater desalination facilities currently operating in Texas, as well as extensive research into available literature and documents from various agencies. While there is no updated “one-stop-shop” resource that provides detailed information on all the necessary …