Environmental Law Commons^™

Embracing Global Warmth And Climate Resilience Through Green Chemistry Legislation, Oladele A. Ogunseitan

UC Law Environmental Journal

No abstract provided.

Precedent, Politics, Or Priorities: Are Courts Stepping Out Of Their Traditional Judicial Bounds When Addressing Climate Change?, Mary Haley Ousley

UC Law Environmental Journal

There is consensus in the scientific community that climate change is in fact occurring and is primarily driven by human activities. Despite this consensus, the executive branch under President Trump has engaged in scrapping environmental regulations and increasing fossil fuel consumption, while the legislative branch has refused to take any beneficial action. This leaves the judicial branch as the primary avenue for Americans seeking to force action on climate change.

This paper will focus on the judicial response toward climate change litigation. More specifically, it will analyze how some courts—and the litigants who bring their suits—are stepping outside of their …

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …

Environmental Consciousness For The Politically Autonomous: The Basque Country, Miranda L. White

Independent Study Project (ISP) Collection

When discussing the issue of political autonomy, the usual topics that are taken into consideration are based around human rights, language, culture, society or economics. Those are the most commonly discussed for good reason, as they are important for the rights and freedoms of a community itself. However, this research paper aims to investigate further into the discussion of the environmental effects of political autonomy in Spain, specifically in the matter of autonomous competencies for waterway and air management. Therefore, in order to test such a hypothesis, this study will use the Basque Country of Spain as the subject, and …

Endangering Missouri’S Captive Cervid Industry, Lauren Hunter

Missouri Law Review

This Note seeks to explore the validity of regulations proposed by the Commission to prevent the spread of chronic wasting disease (“CWD”) – a fatal neurodegenerative disease – in cervids, such as white-tailed deer. Part II discusses the facts and circumstances surrounding the Missouri Supreme Court’s decision in Hill v. Missouri Department of Conservation. Part III dissects the delicate balance between private property interests and government interests, the scope of the Commission’s regulatory authority, as well as the driving forces behind the “right-to-farm” amendment to the Missouri Constitution. Part IV unpacks the court’s reasoning in Hill before concluding with a …

Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster

Indiana Law Journal

Despite worsening climate change threats, investment in energy—in the United States and globally—is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.

The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s decision to withdraw …

States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio

Indiana Law Journal

This Note uses two recent Massachusetts carbon tax proposals to discuss the costs and benefits of such state-level climate change legislation but discusses similar regional proposals as well. Although a state carbon tax poses some limitations and concern for the increased tax burden relative to other states that have not imposed a tax, the adoption of state carbon taxes represents an important advancement in climate policy. Part I overviews legislative tactics used to combat climate change thus far, including common policy responses, and the current attitude of federal legislators toward the global climate crisis. Part II introduces the advantages and …

Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum

Georgia State University Law Review

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside …

Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman

Indiana Law Journal

Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review (2017-Present)

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …

Prefatory Matter

UC Law Environmental Journal

No abstract provided.

From Paris To Pittsburgh: U.S. State And Local Leadership In An Era Of Trump, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

States and cities have long been leaders on clean energy and climate policy. Their work has informed development of federal policies including motor vehicle standards and the Clean Power Plan. With the election of President Trump and the increasingly severe impacts of climate change, subnational leadership has become even more important and urgent. In response, many states and cities have pledged to enact new policies to mitigate the effects of climate change and help communities adapt. This Article focuses on recent developments in subnational leadership on both climate mitigation and adaptation to demonstrate the breadth and depth of engagement by …

Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman

Missouri Law Review

Pipeline construction is booming in the United States, yet it remains a polarizing topic for many because of environmental concerns. On the one hand, pipelines bring increased energy independence for the United States and are one of the safest ways to transport oil and gas.At the same time, fears of environmental damage have led to a growing and fierce opposition to pipeline construction. After the massive offshore rig spill in the Gulf of Mexico in 2010, resistance to new projects like the Keystone Pipeline has received widespread media coverage. The protests of the Dakota Access Pipeline on the Standing Rock …

지구온난화에 따른 국제해사기구 Polar Code 발효와 향후의 과제 [Translation: The Effectuation Of The Imo’S Polar Code And Its Remaining Issues To Tackle In The Age Of The Global Warming], Jinho Yoo

Articles, Book Chapters, & Popular Press

No abstract provided.

Shareholder Activism And Stakeholder Engagement Strategies: Promoting Environmental Justice, Human Rights, And Sustainable Development Goals, Erika George

Faculty Scholarship

The United Nations 2030 Agenda for Sustainable Development is an ambitious "plan of action for people, planet and prosperity" which seeks to promote peace and eradicate poverty. The Agenda's goals cannot be reached without private sector participation and changes to certain business practices that contribute to adverse environmental and human rights impacts. When natural resources are managed responsibly the resulting economic development can help to eradicate poverty. However, when natural resources are managed poorly, certain extractives industry sector practices can generate or exacerbate human rights abuses, environmental degradation, corruption, and conflict. Fossil fuels are connected to the changing climate. The …

Private Governance Response To Climate Change: The Case Of Refrigerants, Michael P. Vandenbergh, Shannon Vreeland, Ted Atwood

Vanderbilt Law School Faculty Publications

Refrigerants are promising targets for private green- house gas (GHG) emissions reduction initiatives. Air conditioning units, fire extinguishers, aerosols, and solvents all contain chemical refrigerants that absorb and release heat. Refrigerants are used to chill food, buildings, and vehicles. Among commercial buildings, office space, health care, food service, and retail sales and service comprise well over 50 percent of all buildings in the United States and contribute a comparable amount of refrigerant emissions. Air Conditioning, Heating, & Refrigeration Insti- tute, AHRI Releases December 2017 U.S. Heating and Cooling Equipment Shipment Data 4 (2017). Certain refrigerants have been identified as ozone …

Mitigating Malheur's Misfortune: The Public Interest In The Public's Public Lands, Sandra B. Zellmer

Faculty Law Review Articles

The Article begins its inquiry with an in-depth look at the forty-one-day long standoff between armed militants and law enforcement officials at Malheur, which means "misfortune" in French. The occupation of the Refuge ended with one death and the prosecution of over two dozen individuals for trespass, destruction of government property, conspiracy, and related charges. It all began when the Hammonds, who held grazing permits on Bureau of Land Management ("BLM") land adjacent to the Refuge, were prosecuted for starting fires on federal land.1 The Hammonds' conviction for the incident might have been the end of the story, but another …

The 2018 Agreement To Prevent Unregulated High Seas Fisheries In The Central Arctic Ocean: A Critical Analysis, Valentin Schatz, Alexander Proelss, Nengye Liu

Research Collection Yong Pung How School Of Law

Following almost ten years of negotiations, the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO F Agreement) was concluded on 3 October 2018 in Ilulissat, Greenland. The CAO F Agreement is the first regional fisheries agreement adopted prior to the initiation of fishing in a specific area, and it has already been lauded as a science-based measure and a manifestation of the precautionary approach by representatives of States and Non- Governmental Organizations. This article provides a critical analysis of the content of the CAO F Agreement. It gives an overview of the negotiations which led …

Congress, Let Bicycles Back In, Andrew Applegate

BYU Law Review

The Wilderness Act of 1964 protects certain federal lands in the United States, called “wilderness areas,” from human habitation and development. When the Wilderness Act was first passed, nonmotorized bicycle travel was allowed in wilderness areas. However, in 1984, the United States Forest Service altered its interpretation of the statutory text of the Wilderness Act and banned nonmotorized bicycle travel in wilderness areas. Seeking to reverse the Forest Service’s blanket-ban on bicycles in wilderness areas, bicycle activists sought a legislative remedy. In March of 2017, House Federal Lands Subcommittee Chairman Tom McClintock introduced House Bill 1349 to the United States …

Balancing Act: Water Quality Protection And Flood Resilience, Samatha Becker

Virginia Coastal Policy Center

Flood resilience efforts and laws designed to protect water quality may not always be compatible under current Virginia law. This paper will discuss two examples in particular. First, there can be tensions between the water quality goals under the Chesapeake Bay Preservation Act and efforts to conduct flood resilience projects within 100 feet of the shoreline in Tidewater Virginia. Second, there are significant challenges faced by localities seeking to comply with the Virginia Stormwater Management Program, while also continuing to mitigate the impacts of flooding. These two examples stem from the larger question facing Virginia: as flooding increases, how does …

Beneficial Use Of Dredged Material: Role Of State Permitting Programs And Regulations, Samantha Becker, Sashenka Brauer

Virginia Coastal Policy Center

Beneficial use projects that utilize dredged material will involve several steps: dredging operations, storage of the dredged material, and placement of the dredged material for shoreline resiliency or restoration purposes. Each of these steps implicate different state permitting programs and regulations. Determining which permit programs are applicable will depend on the activity’s impact on the surrounding environment, based on factors such as water quality, and land erosion and degradation. This paper will focus primarily on three questions:

1. Which Virginia permitting programs may apply to the storage of dredged material on an upland site?

2. Which Virginia permitting programs may apply to …

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Dredged Material Ownership: Rights And Reuse, John Bobka, Beth Pindilli

Virginia Coastal Policy Center

This research paper explores ownership rights at sites with material from completed dredging projects, supplying a general overview of this issue. This paper also explores the question of whether quality dredged material stored on a publicly-owned upland site can be used later for other applications.

This abstract has been taken from Section I of the report.

Water Supply Management In Virginia: Lessons From The West Coast, Kristin Mccarthy

Virginia Coastal Policy Center

This paper first provides a brief overview of the two main water rights doctrines: riparian rights in the east, and prior appropriation in the west, with special emphasis on Virginia’s and California’s water laws. This paper next looks at particularly relevant water supply solutions, including bringing the agriculture industry to the table, implementing aquifer storage and recovery and groundwater trading programs, embracing “One Water” plans, and expanding water budgeting laws in the state. Each section first examines the actions that Virginia has already undertaken, before highlighting examples of success in the west and making recommendations for ways in which Virginia …

Phase Ii Ms4 Permit Requirements: A Survey Of Public Education And Outreach & Public Involvement And Participation Efforts, Connor Jennings, Donnie Autry

Virginia Coastal Policy Center

Under the Clean Water Act (CWA), various types of stormwater discharges must be regulated through the National Pollutant Discharge Elimination System (NPDES) permitting program, since the water often flows untreated into local waterways and potentially could contain high levels of pollution and contaminants. Municipal Separate Storm Sewer Systems (MS4s) consist of any conveyance designed to collect or convey stormwater (e.g., storm drains, underground pipes, gutters, curbs) that are not part of a combined sewer system or water treatment plant. Generally, these systems are owned by municipalities but can also include large users such as public universities, hospitals, and military bases. …

Planning For The "New Normal": Using Build One Portsmouth To Address Flood Resilience, Alison Wrynn, Sarah Simonetti

Virginia Coastal Policy Center

Sea level rise, recurrent flooding, and increasingly severe storms are ever-present threats to coastal Virginia. As climate change becomes the “new normal”, creative solutions are needed to adapt to these stark realities.

In response to these climate-related challenges, Governor Ralph Northam issued Executive Order 24, “Increasing Virginia’s Resilience to Sea Level Rise and Natural Hazards,” on November 2, 2018. The Executive Order designated the Secretary of Natural Resources as the Chief Resilience Officer of the Commonwealth, and set forth various actions intended to increase statewide resilience to natural hazards and extreme weather. Later that same month, Portsmouth released its 2018 …

The Creation Of A Virginia Coastal Resilience Development Authority: An Inventory Of State Coastal Resilience Authorities And Funding Mechanisms To Help Guide Virginia, Kristi Gennette

Virginia Coastal Policy Center

In June 2018, Governor Ralph Northam signed legislation creating a cabinet-level position, the Special Assistant to the Governor for Coastal Adaptation and Protection, to lead efforts in addressing coastal resilience and flooding mitigation in Virginia. The following November, Governor Northam signed Executive Order No. 24, which directed the state to increase statewide resilience to natural hazards and extreme weather. This Executive Order directed Virginia to develop a Coastal Resilience Master Plan (CRMP). In order to implement the projects proposed in the CRMP, the Commonwealth will need funding. This paper provides an inventory of various states’ programs for funding coastal resilience …

Tribes, Cities, And Children: Emerging Voices In Environmental Litigation, Nina A. Mendelson

Articles

an environmental nongovernmental organization ("NGO") on behalf of a neighbor or hiker.1 The NGO would allege that the individual faced health risks, that her property was contaminated, or that she could no longer hike, fish, swim, or view wildlife such as the endangered Nile crocodile, as in the well-known case of Lujan v. Defenders of Wildlife.

Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller

University of the District of Columbia Law Review

Thirty years ago, Potomac Electric Power Company ("PEPCO") sold electric power generated by coal-burning power plants located in the Washington region. Today, PEPCO can sell electric power generated by coal-burning and nuclear power plants located in West Virginia, Pennsylvania,and Illinois. By importing electric power from those states, PEPCO can, in effect, export to those states the environmental impact of coal-burning and nuclear power plants that generate power for affluent PEPCO consumers in the District of Columbia and Maryland.This "outsourcing" of electric power generation was made possible by seismic changes in the structure of the electric utility industry wrought by Congress …

The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott

William & Mary Environmental Law and Policy Review

Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state’s power …

How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos

William & Mary Environmental Law and Policy Review

This is an article about science and environmental law. More specifically, it is an article about two different versions of science, and how each has affected environmental law and the development of environmental policy. The emergence of science-driven environmental law has significantly affected how humans view and respond to the natural world that makes up the biosphere, which is the thin envelope surrounding the Earth that permits the human species to exist. This Article argues that humans, and law-makers, should embrace a different role for science. Instead of science answering “what is” questions, it should also explain the universal laws …