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Articles 121 - 150 of 661
Full-Text Articles in Environmental Law
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
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
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 …
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Faculty Scholarship
No abstract provided.
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
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
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 …
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor
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
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
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
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.
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
Belmont Law Review
No abstract provided.
Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank
Belmont Law Review
No abstract provided.
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Belmont Law Review
No abstract provided.
Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad
Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi
America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi
Faculty Scholarship
No abstract provided.
Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad
Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
All Faculty Publications
This chapter seeks to bring into focus three broad research challenges facing transnational environmental law – an unknown past, an unequal present, and an uncertain future. Transnational law theory invites scholars to stand at a distance from current orthodoxies and to contemplate environmental law and its practice from new vantage points. The study of transnational environmental law thus prompts new ways of thinking about where to look for environmental law and its foundational influences. New research agendas emerge organically from such shifts of gaze. By identifying future research agendas, we can illuminate both the diversity of sites of past and …
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Pace Environmental Law Review
No abstract provided.
Translational Ecology And Environmental Law, Robert W. Adler
Translational Ecology And Environmental Law, Robert W. Adler
Utah Law Faculty Scholarship
Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of transactional ecology seek to increase the relevance of their research to important environmental problems by improving how effectively they communicate research results to end users of that science, collaborating with those end users to identify research that is “actionable” rather than purely “curiosity-driven” or theoretical, recognizing that values as well as science have a legitimate role in environmental decisions, and engaging in ongoing …
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Georgia State University Law Review
The following Note discusses the effects that some of these rule changes will have on the Endangered Species Act in the face of uncertain climate change and the science behind it. Part I examines the background of the Act, its current rules, climate change’s impact on the environment, and judicial deference to agency interpretations. Part II analyzes how the current rules further the goals of the Act, how the proposed changes to those rules will add to the confusion surrounding the Act’s standards, and the role climate change studies have in both of those implementations. Part III will propose a …
Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter
Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Scholarship@WashULaw
As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.
Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean
Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean
Dalhousie Law Journal
Canada has long been a climate change policy laggard. Canada is among the world’s poorest-performing countries in terms of climate action—not only is Canada’s greenhouse gas emissions-reduction target under the Paris Agreement insufficiently ambitious, Canada is not even remotely on track to meet it. Canada’s enduring inaction on climate change is legitimized and sustained by its mainstream corporate news media, which contribute to the oil and gas industry’s capture of Canadian climate and energy policy. In this article, I examine how Canada’s leading national newspaper, The Globe and Mail, editorially framed the completion of the controversial expansion of the Trans …
Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning
Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning
Dalhousie Law Journal
Recent climate events such as Hurrican Harvey in Texas foreshadow the dangers that could result from critical energy infrastructure failure in Canada due to physical impacts caused by climate change. This article examines the types of climate impacts that could affect critical energy infrastructure in Canada. The article argues that these impacts translate into three types of corporate risk to the owners and operators of the critical asset: economic risks to the infrastructure asset; management and operational risks to the corporation; and risks arising from corporate disclosure obligations. Applying the theoretical approach of "risk management," the article concludes that, on …
The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad
The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad
Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
South Carolina Law Review
No abstract provided.
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Contagious Environmental Lawmaking, Natasha Affolder
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 …
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Book Chapters
Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson's Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean …
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …