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Articles 7891 - 7920 of 18437
Full-Text Articles in Environmental Law
Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button
Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button
William & Mary Environmental Law and Policy Review
No abstract provided.
Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp
Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp
William & Mary Environmental Law and Policy Review
No abstract provided.
Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno
Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno
Suffolk University Law School Faculty Works
This note provides an introduction to the issues surrounding the design of Power Purchase Agreement's (PPAs). Programs to attract investment in small-scale electricity generation, often powered by renewable energy sources, have become increasingly common in the developing world as governments seek to both expand access to electricity and improve sustainability. A valuable tool for such programs is a well-crafted, standardized power purchase agreement, which can reduce transaction costs for generators and government agencies alike and substantially improve the economics of small generation facilities. This note discusses key considerations in designing a standardized agreement for a small power producer program. The …
Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber
Vanderbilt Law Review
In the fall of 2010, two major political battles over climate change in the United States reached their climax. At the federal level, efforts to enact comprehensive climate change legislation-already in doubt after the Senate refused to consider legislation passed by the House-were terminated for the near future by a landslide win for conservative Republicans, who are overwhelmingly hostile to climate change legislation, in midterm Congressional elections.' At the state level, California voters considered Proposition 23, a ballot initiative that would have effectively repealed the state's comprehensive global warming statute (AB 32, enacted in 2006). Yet despite the fact that …
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
Pace Environmental Law Review Online Companion
No abstract provided.
The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins
The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins
University of Akron Press Publications
This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and …
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz
Pepperdine Law Review
No abstract provided.
Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz
Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz
Pepperdine Law Review
In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the …
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor
Pepperdine Law Review
In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
Pepperdine Law Review
The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
Pepperdine Law Review
An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.
The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt
The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt
Pepperdine Law Review
No abstract provided.
Fracking Surrounded By Misinformation, Alex Ritchie
Fracking Surrounded By Misinformation, Alex Ritchie
Faculty Scholarship
No abstract provided.
Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear
Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear
Pepperdine Law Review
No abstract provided.
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
The Role Of (Junk) Science In Wilderness Management: Lessons Learned In The Wake Of Drakes Bay Oyster Company, Julie Graeser
The Role Of (Junk) Science In Wilderness Management: Lessons Learned In The Wake Of Drakes Bay Oyster Company, Julie Graeser
UC Law Environmental Journal
No abstract provided.
“Economic Impact” In Regulatory Takings Law, Steven J. Eagle
“Economic Impact” In Regulatory Takings Law, Steven J. Eagle
UC Law Environmental Journal
No abstract provided.
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott
Transnational Business Governance Interactions Working Papers
This paper examines the disconnect between the literature on and practice of legality verification (LV) in the forest sector and what would seem to be a logical extension into the literature on and responses to forest crime and, more specifically, transnational criminality associated with trade in illegally logged timber. The apparently logical overlap between these two areas of endeavour arises because both are dealing with aspects of supply chains or chains of custody involving raw timber, forest products or timber products more generally. The disconnect, I suggest here, arises because of a lack of 'joined up thinking' between the two …
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
CRHR: Archaeology
The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …
Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.
Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.
CRHR: Archaeology
Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …
The New World Order Of Global Environmental Law
The New World Order Of Global Environmental Law
Maryland Carey Law
The lines dividing domestic and international law - and public and private law - are starting to blur. The result? New power for NGOs and new norms of corporate behavior in remote corners of the globe.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Scholarly Articles
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Scholarly Articles
None available.
Lake Tahoe, Ashley Nance
Adaptation To Climate Change And The Everglades Ecosystem, Frank Piccininni
Adaptation To Climate Change And The Everglades Ecosystem, Frank Piccininni
Hofstra Law Student Works
The Florida Everglades is a vast and dynamic landscape characterized by pulsing flows of water, iconic wildlife, tree islands, and a complex mosaic of floral assemblages. The Everglades ecosystem was referred to as Payhay- okee, or grassy lake, by the Seminole Indians and has been designated as a World Heritage Site, a Ramsar Convention Wetland of International Importance, and a World Biosphere Reserve. Unfortunately, the “grassy lake” has been transformed into a highly managed network of canals and water management structures designed to reclaim the Everglades for agricultural use and settlement. Recognizing the deleterious impact of water management in the …
Risk And Response In Fracturing Policy, Hannah J. Wiseman
Risk And Response In Fracturing Policy, Hannah J. Wiseman
Scholarly Publications
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens’ groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection—just one stage of …