Environmental Law Commons^™

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 …

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, …