Environmental Law Commons^™

Drought And California's Role In The Colorado River Compact, Ciara Dineen

Journal of Legislation

No abstract provided.

Passage And Flow Considered Anew: Wild Salmon Restoration Via Hydro Relicensing, Paul Stanton Kibel

Public Land & Resources Law Review

No abstract provided.

“Salmon Is Culture, And Culture Is Salmon”: Reexamining The Implied Right To Habitat Protection As A Tool For Cultural And Ecological Preservation, Wesley J. Furlong

Public Land & Resources Law Review

No abstract provided.

A Sacred Responsibility: Governing The Use Of Water And Related Resources In The International Columbia Basin Through The Prism Of Tribes And First Nations, Matthew J. Mckinney, Richard Kyle Paisley, Molly Smith Stenovec

Public Land & Resources Law Review

In the fall of 2012, leaders from Columbia Basin First Nations and tribes participated, along with about 150 other people, in the 4th transboundary symposium convened by the Universities Consortium on Columbia River Governance. Gathered on the shores of Flathead Lake in Polson, Montana, the participants explored the interests, rights, roles, and responsibilities of indigenous people in the international Columbia River Basin. This symposium generated two notable outcomes: first, The Columbia River Basin: A Sense of the Future—a synthesis of interests and concerns with regard to the future of the transboundary river basin as captured by the Universities Consortium during …

The Supreme Court’S New Electricity Federalism, Joel B. Eisen

Law Faculty Publications

This Insights piece is excerpted from the article, Dual Electricity Federalism Is Dead: But How Dead And What Replaces It?, in the George Washington Journal of Energy and Environmental Law.

In a remarkable burst of activity, the U.S. Supreme Court decided three cases in the past year involving the split of jurisdiction between the Federal Energy Regulatory Commission (FERC) and the states in the energy sector. FERC v. Electric Power Supply Association and Hughes v. Talen Energy Marketing dealt with the relationship between FERC and the states in governing the electric grid under the Federal Power Act (FPA). ONEOK …

Neighborhood Perceptions Of Proximal Industries In Progress Village, Fl, Laura E. Baum

USF Tampa Graduate Theses and Dissertations

Progress Village, a historically Black neighborhood outside of Tampa, FL, encountered structural violence that included construction of an adjacent phosphogypsum stack. Why the neighborhood signed a legal agreement with the stack’s operating industry and the impacts of this decision provides a lesson in critical environmental justice. Theories of urban political ecology frame exploration of resident priorities, relationships with industry, risk perceptions, and health concerns. Utilizing activist anthropology, this thesis aims to be mutually beneficial to scholarly and neighborhood development. Ultimately, this research demonstrates how southern gradualism, racism, and a trend towards isolationism created today’s striving, yet marginalized and divided community. …

A Tiny Fish And A Big Problem: Natives, Elvers, And The Maine Indian Claims Settlement Act Of 1980, John Sanders

William & Mary Law Review

No abstract provided.

It’S Time For The Fda To Define ‘Natural’, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

The authors discusses the FDA 's recent call for comments on a definition of the term natural as it applies to food.

Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan

ENV 434 Environmental Justice

While discussing the imagined world order, it is evident that the world is not perfect. Over the course of the centuries, the earth has been maimed by humans, whether it be during the agricultural age or throughout the process of industrialization into the modern era. Humans must realize that sooner, rather than later, we must address the environmental destruction we are causing. A specific case, with that such as hydraulic fracturing of shale, otherwise known as fracking, provides as an example of one of the environmental justice issues that is plaguing the earth. However, there are complications. In the consumer …

Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel

ENV 434 Environmental Justice

The research of the Lao government, its hydroelectric dams, and its responses to its project was done through an environmental justice lens. It is an interdisciplinary research that explores the political corruption, the role of media, and the environment in order to frame the Lao government and the reasoning behind their unjust activities.

Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha

Sustainability and Social Justice

Five years after the Fukushima accident, people and countries still argue about the opportunity costs of denuclearization. While nuclear power generation has safety and waste issues, it is carbon free. Climate change has created more pressure for greenhouse gas reduction, so a few countries have decided to maintain or even increase nuclear power generation. The United States ranks first for using nuclear power produced by electricity generation, while the Republic of Korea, the closest country in proximity to Japan, ranks fourth in countries that use nuclear power. In fact, Korea even rapidly increased nuclear business after the Fukushima accident. Despite …

Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield

Journal of Food Law & Policy

About half of the states have either passed or attempted to pass laws aimed at stifling criticism and exposure of factory farms throughout the country. This unwanted exposure is often the result of undercover reporters gaining access to the interior of meat-producing entities by seeking and obtaining employment. Their reports often expose filthy and dangerous conditions, substantial animal abuse, and the incorporation of unfit animal products into the public's food supply.

Front Matter

Michigan Journal of Environmental & Administrative Law

No abstract provided.

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham

Journal of Food Law & Policy

Corporate farms, often known as concentrated animal feeding operations ("CAFO'), provide inexpensive animal products but do so by externalizing the cost of their operation in the form of environmental harms and risks to human health. This article explores one possible approach to mitigating CAFO-caused harms. It argues that CAFO regulation under any one of three Clean Air Act ("CAA ") programs will result in net benefits, not just for air quality, but also for other CAFO-caused harms and thus, that CAA regulation of CAFOs is a no-lose strategy. The article then goes further to conclude that, while regulation under any …

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater …

Editoral Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.

Access To Ecological Justice For The Marginalised People Of Indonesia: Is It A Genuine Or Pseudo Recognition And Protection?, Nurjaya I Nyoman, Rachmad Safaat

Indonesia Law Review

The era following the 1972 Stockholm Declaration and subsequently the 1992 Rio de Janeiro Declaration, brought about a great amount of concern of the international community, in developed as well as under-developed countries, for human environment and natural resources preservation, management and protection. It includes the equitable allocation and distribution of natural resources as well as fair participation in environmental decision-making, respect and recognition of rights of the people and particularly indigenous communities. This is the so called access to justice for all that refers to a genuine access by people and communities to obtain just and fair democratic mechanism …

Bridging The Implementation Of Nagoya-Kualalumpur Supplementary Protocol On Liability And Redress In Indonesia, Wahyu Yun Santoso

Indonesia Law Review

Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on …

Toxic Confinement: Can The Eighth Amendment Protect Prisoners From Human-Made Environmental Health Hazards?, Brenna Helppie-Schmieder

Northwestern University Law Review

What would you do if you realized a nearby factory or energy operation was making everyone in your town sick? You might try to rally your neighbors in protest, take legal action, or cut your losses and move away. But what if your options were more limited? What if you were forced to stay? This is the situation for prisoners across the country who live in prisons located near dangerous energy industry operations.

The increased reliance on incarceration in recent times has resulted in prisons being built on undesirable land, often the same land occupied by the energy industry. This …

Allied Paper Landfill, A Case Study Of Superfund, Kaitlin Braunschweig

Honors Theses

The Comprehensive Environmental Response, Compensation, and Liability Act (1980), more commonly known as Superfund, delegates the responsibility for cleanup of more than 1,300 hazardous waste sites to the federal Environmental Protection Agency (EPA). This thesis is designed as a case study to investigate the Superfund program through the lens of the Allied Paper Landfill portion of the Kalamazoo River Superfund Site. Through interviews with key stakeholders an evaluation was completed based on the following research questions: 1) are the current goals of Superfund appropriate, 2) is the funding mechanism sufficient to fulfill the goals of Superfund, and 3) is the …

Nimby To Nope—Or Yess?, K.K. Duvivier, Thomas Witt

Sturm College of Law: Faculty Scholarship

On December 12, 2015, 195 governments around the world agreed to the COP21 commitments to combat climate change. Pivotal to the success of these goals is a shift from fossil-fuel energy generation to renewable resources. Wind power is one of the largest renewable energy generation sources in the United States and has the greatest potential for future development. While wind energy generation has enjoyed some of the most impressive gains in development of new capacity, reaching future goals will face more challenges. In addition to resource potential, wind development is also confined to locations that meet the sweet spot of …

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.

Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa

Faculty Scholarship

Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop

Public Land & Resources Law Review

Wildearth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement sprung from the approval of a modified mining plan for the Spring Creek Mine in Montana. Wildearth Guardians is the adoption of Magistrate Judge Ostby’s Findings and Recommendations by United States District Judge, Susan Watters concluding that the Office of Surface Mining, Reclamation and Enforcement violated several provisions of NEPA.

Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert

Touro Law Review

No abstract provided.

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.

Trending @ Rwu Law: Julia Wyman's Post: Rwu Law Grads Making Waves In Marine Affairs: 04/05/2016, Julia Wyman

Law School Blogs

No abstract provided.