Environmental Law Commons^™

An Odd Way To Read A Preemption Statute: The Atomic Energy Act, Virginia Uranium, And The Dine Natural Resource Protection Act, Erin Hogan-Freemole

Colorado Environmental Law Journal

No abstract provided.

Environmental Justice: Law, Policy & Regulation, Clifford Villa, Nadia Ahmad, Rebecca Bratspies, Roger Lin, Clifford Rechtschaffen, Eileen Gauna, Catherine O'Neill

Faculty Book Display Case

Environmental Justice: Law, Policy, & Regulation explores theory and practice in this dynamic subject, which fuses environmental law and civil rights enforcement. From early concerns over toxic waste in minority communities, environmental justice expanded to consider the range of environmental threats facing poor, immigrant, and indigenous communities; women, children, and seniors; and other vulnerable populations. This third edition provides extensively updated materials to address environmental justice concerns today, including oil drilling in the Arctic, the Dakota Access Pipeline, drinking water contamination in Flint, and the devastation wrought by Hurricane Maria in Puerto Rico. Featuring new chapters addressing disaster justice and …

Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.

Journal Of Food Law & Policy - Spring 2020, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Resilience Theory And Wicked Problems, Robin Kundis Craig

Utah Law Faculty Scholarship

This Article posits, first, that resilience theory offers important insights into our understanding of wicked problems and, second, that to understand the value of resilience theory to wicked problems, we should start by going back to the context of Rittel’s and Webber’s 1973 delineation of the ten characteristics of a “wicked problem.” Rittel and Webber were in fact among the vanguard of researchers beginning to articulate the realization that social and ecological systems — now social-ecological systems, or SESs — do not follow the predictable and mechanistic rules of Newtonian physics. As a result, SESs do not yield, at least …

Editorial Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.

School Of Law Faculty And Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Moses Lukwanda And 9 Others V Zambia Airforce Projects Limited And 7 Others Caz/08/323/2019, Pamela T. Sambo

SAIPAR Case Review

No abstract provided.

What The Pandemic Can Teach Climate Attorneys, Sara C. Bronin

Cornell Law Faculty Publications

The COVID-19 pandemic has caused more rapid changes to the law than most of us have seen in our lifetimes. These changes have remade, and in many cases severed, our social and economic connections to each other, in ways unprecedented except during war.

As many have argued, climate change is also a dire emergency, requiring an equally sweeping legal response. Rising seas, raging wildfires, and dramatic hurricanes have already destroyed lives and communities. We may be a few years away from irreversible devastation.

Yet we have not seen even a fraction of the legal reforms needed to reverse our march …

Restoration Of Protected Lakes Under Climate Change: What Legal Measures Are Needed To Help Biodiversity Adapt To The Changing Climate? The Case Of Lake Ijssel, Netherlands, Johnathan Verschuuren

Colorado Environmental Law Journal

No abstract provided.

When The Navajo Generating Station Closes, Where Does The Water Go?, Gregor Allen Macgregor

Colorado Environmental Law Journal

No abstract provided.

Observer Participation In International Climate Change Decision Making: A Complementary Role For Human Rights?, Nadia Sanchez Castillo-Winckels

Colorado Environmental Law Journal

No abstract provided.

A Sustainable Olympic Games: Applying The Nepa Framework To Reevaluate Olympic Site Selection, Holly Tokar

Colorado Environmental Law Journal

No abstract provided.

In Furtherance Of National Interest Or A Pirate's Blockade?: The Effect Of The Trade War On The U.S. Steel, Aluminum, And Solar Industries, Jessica Serrano

Colorado Environmental Law Journal

No abstract provided.

Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article uses President Trump's issuance of the Keystone XL Pipeline permit to illustrate the dangers of an imperial presidency, one in which the exercise of discretionary authority, based on neither the text of Article II of the Constitution nor a statute, will in all likelihood be unchecked by Congress, the courts, or popular opinion. To understand the dimensions of this concern, Part I of this article briefly describes the process and requirements for a presidential permit. Part II identifies key facts surrounding issuance of the Keystone XL Pipeline permit, the chronology of its issuance, and commonly given reasons supporting …

Comparative Study On E-Waste Management And The Role Of The Basel Convention In Malaysia, Singapore, And Indonesia: A Way Forward, Khalid Mehmood Shad, Sarah Tan Yen Ling, Mohammad Ershadul Karim

Indonesia Law Review

Electrical and electronic equipment waste (E-waste/WEEE) is a current global concern because of the increasing volume and improper treatment of e-waste. Generally, e-waste can be defined as discarded components of electrical and electronic equipment that have no reuse value. The improper disposal of e-waste can bring about catastrophic effects to mankind and the environment. The Basel Convention in 1992 categorizes e-waste as hazardous waste due to the presence of toxic materials. Currently, the production of e-waste is expanding at a considerable rate and is expected to reach 52.2 million tons globally by 2021. Singapore, Malaysia, and Indonesia are three neighboring …

Legal Issues On Indonesian Marine Plastic Debris Pollution, Zhen Jing, Sutikno Sutikno

Indonesia Law Review

Various problems related to marine plastic debris pollution have yet to be resolved. Therefore, the definition, categorization, origin, and degradation of marine plastic debris must be thoroughly investigated to gain a comprehensive understanding of the related issues. The presence of marine plastic debris has significant implications on marine environments, including ecological, biodiversity, health, and economic impacts. Marine plastic debris originates from both landand ocean-based sources, and there have been efforts to prevent or reduce its introduction and accumulation in the marine environment. In Indonesia, such a problem must be solved through the implementation of more effective, efficient, and specific regulations, …

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …

Comprehensive General Liability Policies Under Maine's Ground Water Protection Act: The Law Court's Extraordinary Definition Of Ordinary Intelligence, Andrew M. Strongin

Maine Law Review

In Patrons Oxford Mutual Insurance Co. v. Marios, the Supreme Judicial Court of Maine, sitting as the Law Court, joined the current debate in the state and federal judiciaries as to whether comprehensive general liability (CGL) insurance policies obligate the insurer to indemnify the insured for cleanup costs incurred pursuant to governmentally mandated cleanup of hazardous substances. In that decision, the court held that cleanup costs incurred pursuant to court order authorized by the Maine Underground Oil Storage Facilities and Ground Water Protection Act are not covered by such policies. The explicit basis of the court's decision was that the …

Comprehensive General Liability Policies Under Maine's Ground Water Protection Act: The Law Court's Extraordinary Definition Of Ordinary Intelligence, Andrew M. Strongin

Maine Law Review

In Patrons Oxford Mutual Insurance Co. v. Marios, the Supreme Judicial Court of Maine, sitting as the Law Court, joined the current debate in the state and federal judiciaries as to whether comprehensive general liability (CGL) insurance policies obligate the insurer to indemnify the insured for cleanup costs incurred pursuant to governmentally mandated cleanup of hazardous substances. In that decision, the court held that cleanup costs incurred pursuant to court order authorized by the Maine Underground Oil Storage Facilities and Ground Water Protection Act are not covered by such policies. The explicit basis of the court's decision was that the …

The Limited Power Of Federal Bankruptcy Courts To Stay Enforcement Of State Environmental Regulations, David A. Brenningmeyer

Maine Law Review

Over the course of the past few decades, public awareness of privately created environmental hazards has risen. As a result, state and federal legislatures have been moved to enact comprehensive environmental laws that serve both to remedy past harms and to prevent future ones. Today, environmental statutes seek to correct and prevent public health hazards as diverse as groundwater contamination, toxic waste disposal, soil contamination, destruction of native plant and animal habitats, and air pollution, to name but a few. In addition, state and federal courts have permitted the invocation of common law theories, such as nuisance and trespass, to …

Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.

First Amendment “Harms”, Stephanie H. Barclay

Indiana Law Journal

What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …

The Third Age Of Oil And Gas Law, James Coleman

Indiana Law Journal

History’s biggest oil boom is happening right now, in the United States, ushering in the third age of oil and gas law. The first age of oil and gas law also began in the United States a century ago when landowners and oil companies developed the oil and gas lease. The lease made the modern oil and gas industry possible and soon spread as the model for development around the world. In the second age of oil and gas law, landowners and nations across the globe developed new legal agreements that improved upon the lease and won these resource owners …

Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor

Belmont Law Review

No abstract provided.

Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie

Belmont Law Review

No abstract provided.

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Belmont Law Review

No abstract provided.

Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime

Belmont Law Review

No abstract provided.