Environmental Law Commons^™

Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co., Katelyn J. Hepburn

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit considered whether a letter from the EPA notifying a party of potential liability under CERCLA is a “suit,” triggering an insurance company’s duty to defend. Applying Oregon contract law, the Ninth Circuit affirmed the decision of the United States District Court for the District of Oregon, stating that the letters from the EPA were “functional equivalents” to a suit under the insured’s policy and the insurer’s denial to defend was a breach of the policy.

Orbital Debris: Out Of Space, Meghan R. Plantz

Georgia Journal of International & Comparative Law

No abstract provided.

Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas

Georgia Journal of International & Comparative Law

No abstract provided.

Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff

Public Land & Resources Law Review

In this case, the Ninth Circuit deferred to the EPA’s interpretation of a statute concerning whether increment requirements were applicable to a temporary source pollutant. The court held that Shell Offshore, Inc. was not required to analyze the potential impact of an offshore drill barge, the Kulluk, under the Clean Air Act. Additionally, the plaintiffs’ challenge concerning the Kulluk's impact on ambient air was defeated pursuant to Resisting Environmental Destruction on Indigenous Lands, REDOIL v. EPA.

City Of Livingston V. Park Conservation District, Graham Coppes

Public Land & Resources Law Review

On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a lesser degree, the …

The Energy-Water Nexus, Joshua P. Fershee, Gabriel E. Eckstein, Keith B. Hall, Donald T. Hornstein, Shi-Ling Hsu, Rhett Larson, Amanda Leiter, Uma Outka, Justin Pidot, Melissa Powers, Jefferson D. Reynolds, Benjamin K. Sovacool, Alex Gilbert, Andrea Wortzel

University of Richmond Law Review Symposium

Speakers for the 2013 Symposium included Professor Joshua P. Fershee of West Virginia University; Professor Gabriel E. Eckstein of Texas A&M University School of Law; Professor Keith B. Hall, Louisiana State University; Professor Donald T. Hornstein from the University of North Carolina; Professor Shi-Ling Hsu, Florida State University; Professor Rhett Larson, of the University of Oklahoma; Professor Amanda Leiter, American University; Professor Uma Outka, University of Kansas; Professor Justin Pidot, of the University of Denver; Professor Melissa Powers from Lewis & Clark College; Mr. Jefferson D. Reynolds, Virginia Department of Environmental Quality; Dr. Benjamin K. Sovacool & Mr. Alex Gilbert …

Administrative Restructuring And Renewable Energy: Best Legal Practices In Developing Economies, Steven Ferrey

Suffolk University Law School Faculty Works

In the next decade, there will be unprecedented, extensive investment in electrification in developing nations. Once installed, those generation facilities will remain in place for 40 years or longer. The Kyoto Clean Development Mechanism (“CDM”) is primarily encouraging CDM projects outside the electric sector, which raises questions about their longevity of impact on CO2 reduction. With extensive commitments now to the new Green Climate Fund, more attention to best legal practices for green electrification options becomes more important. Since the power industry is a regulated industry in every country, legislative and regulatory initiatives that incorporate “best practices” for encouraging renewable …

Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

Environmental Law At Maryland, No. 35, Fall 2013

Environmental Law at Maryland

No abstract provided.

Environmental And Energy Law Perspectives: Fall 2013, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll

Publications

No abstract provided.

“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti

Cardozo Public Law, Policy & Ethics Journal

Trick: "a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat." Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This Article evaluates three tricky business tactics found lawful by the United States Supreme Court during its most recent term. The Article …

The Decline And (Possible) Renewal Of Aspiration In The Clean Water Act, Robert W. Adler

Washington Law Review

In the approximately four decades since Congress adopted sweeping amendments to the Federal Water Pollution Control Act—creating what is commonly known as the Clean Water Act (CWA)—the United States has made significant progress in reducing many kinds of water pollution. It is clear, however, that the United States has not attained the most ambitious of the statutory goals and objectives, including the overarching objective to “restore and maintain the chemical, physical, and biological integrity of the nation’s waters.”1 Indeed, although discrete water quality improvements continue in some places and for some forms of pollution, on a national scale progress toward …

Insuring Island States: The Role Of Insurance For Small Island States In Responding To The Adverse Effects Of Sea Level Rise, Maria Antonia Tigre

Elisabeth Haub School of Law Student Publications

Small island states are likely to suffer the greatest impact of sea level rise. They are also generally low emitters of greenhouse gas emissions (GHGs), meaning they have contributed little to the problem of human-induced climate change. For an array of reasons, including their reduced economic and political power relative to the international power of other states, these smaller islands and states have come together, forming the Alliance of Small Island States (AOSIS). Jointly, they have been battling to gain the attention of the international community in their search for solutions. However, they are still left with many unanswered questions …

The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand

Duke Environmental Law & Policy Forum

By most accounts, the December 2012 Doha Round negotiations achieved little. The continued failure of member governments to reach consensus increases the risk of a catastrophic rise in global emissions. The current impasse is due in no small measure to the expressed concern of the United States that a climate change treaty will end up transferring enormous wealth from the United States to China.

Analyzing the relevant market data, this Article concludes that there is little or no evidence to support the notion that ratification of the Kyoto Protocol will lead to the massive wealth transfers feared by the United …

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Duke Environmental Law & Policy Forum

No abstract provided.

The Latest Red River Rivalry: The Supreme Court's Recent Decision Regarding The Red River Compact, Luke W. Davis, Gabriel Eckstein

Faculty Scholarship

On June 13, 2013, the United States Supreme Court issued a unanimous decision in a “Red River Rivalry” with much greater implications than the annual football game. In Tarrant Regional Water District v. Herrmann, the court sided entirely with Oklahoma in that state’s dispute with Texas over the allocation of Red River water. This decision will have considerable impact on Texas’ ability to meet its ever-growing water needs. Moreover, the decision could be consequential for other interstate water compacts and the states relying on the rivers and tributaries governed by those agreements.

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

Eating Invaders: Managing Biological Invasions With Fork And Knife?, Joshua Ulan Galperin, Sara Kuebbing

Elisabeth Haub School of Law Faculty Publications

As the public, academy, government, and private sector all turn increased attention to food systems, new ideas constantly emerge for healthy, sustainable, and just innovations in growing, marketing, and eating food. “Invasivory” — eating invasive species — is one such idea. Biological invasions occur when humans transport an organism from its ecosystem of origin into a new ecosystem and that organism adapts to its new location, spreading widely from the site of introduction. Invasive species can cause significant ecological, economic, and public health damage. Crops, homes, and native species are all at risk. “Invasivores,” as the proponents of invasivory are …

The Role Of China’S Banking Sector In Providing Green Finance, Yuwen Bai, Michael Faure, Jing Liu

Duke Environmental Law & Policy Forum

No abstract provided.

The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu

Duke Environmental Law & Policy Forum

No abstract provided.

The Wal-Mart Effect On Organics: A Defense Of Large-Scale Organic Production, Julia Johnson

Duke Environmental Law & Policy Forum

No abstract provided.

Urban Agriculture & The Modern Farm Bill: Cultivating Prosperity In America’S Rust Belt, Amy E. Mersol-Barg

Duke Environmental Law & Policy Forum

No abstract provided.

When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski

Virginia Coastal Policy Center

No abstract provided.

Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

• Oil and Gas Leases
• Surface Use Agreements (SUAs)
• Government’s Role in Authorizing Locations for Oil and Gas Development
• Technical Aspects of Nontributary and Produced Nontributary Ground Water
• Produced Nontributary Ground …

From Lawyer To Fishmonger - What's The Catch?, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Program -- Water Law In The West: A Panel Discussion With Patricia Mulroy, University Of Nevada, Las Vegas -- William S. Boyd School Of Law, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Water Law in the West: A Panel Discussion with Patricia Mulroy

No abstract provided.