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Articles 331 - 360 of 1522

Full-Text Articles in Land Use Law

W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly Nov 2022

W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly

Public Land & Resources Law Review

The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.


The Clean Water Act: Wading Back Into Muddy Interpretations, Kord Wilkerson Oct 2022

The Clean Water Act: Wading Back Into Muddy Interpretations, Kord Wilkerson

MC Law Review

“Fresh water: everything that lives on land, animal or plant, depends upon it.” A necessity to our very livelihood, our nation’s waters must be protected. As concern grows over Earth’s stability, and environmental issues in particular, clean water has been at the forefront of this Gordian knot. To mitigate our nation’s impact on water cleanliness, state organizations, environmental activists, and the Environmental Protection Agency have joined forces in an effort to create and enforce environmental protection.

These water quality efforts, however, have not come without struggle. The creation, enforcement, and efficiency of legislation to mitigate water pollution in certain water …


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch Jun 2022

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek Jun 2022

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate Jun 2022

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown Jun 2022

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan Jun 2022

A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader Jun 2022

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Jun 2022

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members Jun 2022

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo Jun 2022

A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo

American Indian Law Journal

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser Jun 2022

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Extraction Of Personal Data: A New Form Of Colonialism Or Continuation Of A Colonial Practice? Adult Native American Adoptees Resist Assimilation And Rebuild Erased Identities, Leonard Mukosi Jun 2022

Extraction Of Personal Data: A New Form Of Colonialism Or Continuation Of A Colonial Practice? Adult Native American Adoptees Resist Assimilation And Rebuild Erased Identities, Leonard Mukosi

American Indian Law Journal

A new form of colonialism, distinctive of the 21st century is reported to be taking shape: data colonialism. Data colonialism interprets the contemporary capture and processing of personal data by governments or data corporations as an evolution of historical colonialism. Scholars who advance this theory do not juxtapose the contents, form, let alone the physical violence of historical colonialism with the contemporary practices of appropriation of personal data. Instead, they only refer to historic colonialism in the context of its function within the development of economies on a global scale. The main argument made in this paper is that; to …


Crossing The Dark And Fearful River: Monsanto, Pcbs, And Emerging Tort Theories, Keith Dornan, Jamie Hearn Jun 2022

Crossing The Dark And Fearful River: Monsanto, Pcbs, And Emerging Tort Theories, Keith Dornan, Jamie Hearn

American Indian Law Journal

guide the discussion.

Tribal, state, and city authorities are currently pursuing or have settled product liability, public nuisance, and other common law and statutory tort claims brought against Monsanto[1] for PCB contamination.[2] “Sovereign-led” litigation melds traditional plaintiff common law tort litigation with sovereign-led environmental suits and is an emerging trend in environmental law.[3] Tort claims against the manufacturers of contaminants ubiquitous in the environment give sovereigns a new angle for pursuing damages separate from a traditional statutory environmental claim under federal or state regulatory schemes, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)


A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote May 2022

A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote

Minnesota Journal of Law, Science & Technology

No abstract provided.


Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adkins, Jack Beasley, Rebekah Bratcher, Justin Cias, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde Apr 2022

Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adkins, Jack Beasley, Rebekah Bratcher, Justin Cias, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde

EENRS Program Reports & Publications

This report is the second volume in a continuing project designed to explore and articulate the groundwater laws and regulations of all fifty U.S. states. This particular report presents surveys for sixteen states throughout the country. The first volume featured thirteen state surveys and can be found at: http://www.law.tamu.edu/usgroundwaterlaws.

The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and …


Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons Mar 2022

Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Endnotes Mar 2022

Endnotes

Sustainable Development Law & Policy

No abstract provided.


Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade Mar 2022

Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade

Sustainable Development Law & Policy

No abstract provided.


Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach, Taylor Goelz Mar 2022

Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach, Taylor Goelz

Sustainable Development Law & Policy

No abstract provided.


Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000, Philip Killeen Mar 2022

Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000, Philip Killeen

Sustainable Development Law & Policy

No abstract provided.


“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation, Angela Washington Mar 2022

“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation, Angela Washington

Sustainable Development Law & Policy

No abstract provided.


About Sdlp Mar 2022

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …


Editor's Note, Keanu Bader, Alexis Bauman Mar 2022

Editor's Note, Keanu Bader, Alexis Bauman

Sustainable Development Law & Policy

No abstract provided.


Endnotes Mar 2022

Endnotes

Sustainable Development Law & Policy

Endnotes


Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire Mar 2022

Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire

Sustainable Development Law & Policy

Introduction

The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.

Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …


The Truth Is Always In Style: Targeting Greenwashed Advertising In The Fashion Industry, Sydney Helsel Mar 2022

The Truth Is Always In Style: Targeting Greenwashed Advertising In The Fashion Industry, Sydney Helsel

Sustainable Development Law & Policy

H&M’s 2019 “Conscious Collection” promotional images juxtapose lush green gardens with a hazy city skyline in the background. The collection, which advertises itself as “[t]he short cut to sustainable choices,” is just one example of many fashion brands’ attempts to capitalize on the increased demand for sustainable products. Each year, the fashion industry consumes approximately ninety-three billion cubic meters of water and produces an estimated ten percent of the world’s carbon emissions. The environmental effects of the fashion industry can be seen in images of the dried up Aral Sea in Uzbekistan and in the dye and chemical filled black …


The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib Mar 2022

The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib

Sustainable Development Law & Policy

Introduction

The ocean is an abundant resource; however, overutilization is becoming an increasing threat to biodiversity. Approximately 90% of the ocean’s fisheries are overexploited, fully exploited, or have collapsed entirely. The issue of overfishing arose in the mid-1900s after the industrialization of the fishing industry. Once dominated by local fishermen, the industry now features commercial fleets with the technology to locate, extract, and process large numbers of specific fish species. An early 2000s study reported that only 10% of large ocean fish remained after years of industrial fishing, including the highly migratory Pacific Bluefin Tuna (“PBT”).

In 2016, the PBT …


An Opportunity That Should Not Be Missed: Applying Chinese Policy That Promotes Efficient Air Conditioning To Countries That Need It, Xiaopu Sun, Houfu Yan, Shekun Wang, Tad Ferris Mar 2022

An Opportunity That Should Not Be Missed: Applying Chinese Policy That Promotes Efficient Air Conditioning To Countries That Need It, Xiaopu Sun, Houfu Yan, Shekun Wang, Tad Ferris

Sustainable Development Law & Policy

Introduction

As the world warms, the growing use of air conditioners (“ACs”) and other cooling equipment becomes essential for human comfort and public health. In addition, cooling-equipment energy and refrigerant consumption also presents tremendous climate mitigation opportunities. The most efficient ways to capture much of the climate benefit lie in the hands of a small number of AC manufacturing and exporting countries, including China, which manufactures over 80% of global room ACs with a large amount of this cooling equipment destined for export. This article highlights one of China’s policies, the “Same Line, Same Standard and Same Quality” policy (“Same-Line …


About Sdlp Mar 2022

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …