Environmental Law Commons^™

A Scientific Approach To Protecting Biodiversity, Judith I. Mcgeary

Journal of Natural Resources & Environmental Law

No abstract provided.

Cercla's Retroactivity: Has The Door Been Opened For A Reevaluation Of Whether Cercla Applies To Preenactment Activities?, Theodore Waugh

Journal of Natural Resources & Environmental Law

No abstract provided.

Common Law Remedies Available For Petroleum Contamination Of Soil And Groundwater In Kentucky, Henry L. Stephens Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.

Earth Law And The Rights Of Nature A New Generation Of Laws Built For Nature, Lindsey Kayman, Paul Bartlett, Milena Popov, Grant Wilson

Open Educational Resources

Earth Law and the Rights of Nature: A New Generation of Laws Built for Nature

Wilson, Grant, Kayman, Lindsey, Bartlett, Paul, and Milena Popov John Jay College of Criminal Justice, Earth Law Center, Environmental Education Fund

Forget doom and gloom. Let’s educate students about the Rights of Nature, an inspiring, evolving legal development which is gaining traction in the US and around the world, and which can promote the cultural shift needed to address our overlapping intersecting environmental crises — climate change, accelerating species extinction, and ecosystem collapse. The Rights of Nature is one aspect of Earth Law. Some of …

Tune Up: Fixing Market Failures To Cut Fuel Costs And Pollution From Cars And Trucks, Rachel Rothschild, Jason Schwartz

Other Publications

The Biden administration is currently seeking to bolster the federal government’s role in addressing climate change by reducing greenhouse gas emissions from the transportation sector, which is currently the largest source of these pollutants in the country. Federal fuel economy and vehicle emissions standards will thus be crucial tools in addressing climate change as well as improving the health of millions of Americans who are exposed to toxic tailpipe pollutants.

In addition to reducing pollution, these efforts can also save consumers money at the pump. Economists have long observed that consumers do not always select vehicles that will save them …

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.

Tax Consequences Of Environmental Cleanup Costs: The Uncertainty Continues, Lisa Stephenson

Journal of Natural Resources & Environmental Law

No abstract provided.

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Journal of Natural Resources & Environmental Law

No abstract provided.

Cercla Liability For Parent Corporations After United States V. Cordova Chemical Company Of Michigan: Who Pays For Past Wrongs?, Matthew Leveridge

Journal of Natural Resources & Environmental Law

No abstract provided.

Radical Restructuring Of Environmental Policy To Preserve Biodiversity In Southern Africa: Malawi At The Crossroads, Tracy Dobson

Journal of Natural Resources & Environmental Law

No abstract provided.

Discovering And Enforcing A Human Right To Environmental Protection, Mélanne Andromecca Civic

Journal of Natural Resources & Environmental Law

No abstract provided.

Conservation Servitudes, John Walliser

Journal of Natural Resources & Environmental Law

No abstract provided.

Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice

Journal of Natural Resources & Environmental Law

No abstract provided.

How The Legal System Has Failed The Environmental Justice Movement, Karen Smith

Journal of Natural Resources & Environmental Law

No abstract provided.

Congress Should Exempt "Critical Habitat" Designation Under The Endangered Species Act From Compliance With The National Environmental Policy Act, Kurt Warmbier

Journal of Natural Resources & Environmental Law

No abstract provided.

Application Of The Audit Privilege To Occupational Safety And Health Audits: Lessons Learned From Environmental Audits, Margaret S. Lopez

Journal of Natural Resources & Environmental Law

No abstract provided.

Mountain States Legal Foundation V. Glickman: Disputes Over Timber Removal From National Forests, Elizabeth Monohan, Brian Wright

Journal of Natural Resources & Environmental Law

No abstract provided.

Danger For The Endangered Species Act?: Catron County Board Of Commissioners, New Mexico V. United States Fish And Wildlife Service, Richard W. Bertelson Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Brownfield Legislation: A Viable Option For The Southeast, Leslie Goff-Sanders

Journal of Natural Resources & Environmental Law

No abstract provided.

In Defense Of Fifra Preemption Of Failure To Warn Claims, S. Douglas Fish

Journal of Natural Resources & Environmental Law

No abstract provided.

When Daylight Reveals Neighborhood Nightmares: The Duty Of Builders And Developers To Disclose Off-Site Environmental Conditions, Serena M. Williams

Journal of Natural Resources & Environmental Law

No abstract provided.

Environmental Compliance Through Regulation Technology, Philip Deatherage

The Journal of International Relations, Peace Studies, and Development

RegTech (short for Regulatory technology or regulation technology) simply put, is the use of technology to enhance compliance with regulations. As RegTech has developed, some have been quick to define RegTech as something for the financial sector, because it gained prominence with its use in the financial industry. It is true that RegTech gained prominence when it found success in the financial industry and became an important part of FinTech. However, RegTech is its own separate field within technology, which is simply the extrapolation of the ideas around automating compliance and providing insight, and can be applied to many different …

Environmental Permits: Public Property Rights In Private Lands And The Extraction And Redistribution Of Private Wealth, Jason S. Johnston

Notre Dame Law Review

Back in 1995, Professor Epstein famously termed such use of the permit power a “racket,” and as observed very recently by Dave Owen, still today many landowners and conservative critics would agree with the Supreme Court’s description of the process (in Nollan v. California Coastal Commission) as an “out-and-out plan of extortion.” However extortionate such deals may be, regulators with permit power may require landowners to bargain with them before developing their land or else face legal sanctions. This Essay explores in more detail how such bargaining has played out under two of the most important permit regimes in …

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may …

Quantitative Valuation In Environmental Law, Arden Rowell

Notre Dame Law Review

Quantitative valuations of environmental impacts affect and sometimes determine the substance and stringency of many environmental laws. At the same time, a constellation of psychological factors makes environmental impacts unusually difficult for individuals to see, understand, and care about. As a result, the environmental valuations that inform environmental law are particularly vulnerable to contextual cues, small shifts in framing, and methodological choice, and can lead to sincere but wildly varying valuations of the same underlying environmental impacts. These distortions become increasingly apparent when valuations are quantified, and in fact can be used predictably to push quantified valuations “up” and “down” …

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis. It also …

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …