Natural Resources Law Commons^™

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental …

Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen

Environmental and Earth Law Journal (EELJ)

In the 1850s, the Gold Rush started in the United States, and in 2010, an analogous phenomenon, the Cryptoboom, began. Similar to the Gold Rush, Bitcoin’s initial boom was marred by the deleterious effects that mining for valuable coins had on the environment, but there are steps that can be taken to mitigate the negative effect cryptocurrencies have on the environment. Cryptocurrencies, including Bitcoin and the blockchain technology that powers cryptocurrencies, have been widely embraced by many people, corporations, and even entire governments for a multitude of reasons. Some have embraced the fruits of blockchain to use as a decentralized …

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of …

Flint, Michigan Drinking Water Crisis, J. David Aiken

Cornhusker Economics

Briefly covers the Flint, Michigan drinking water crisis including providing some background, a timeline of events, and key takeaways from the perspective of public policy.

This article was originally prepared for distribution to students in Aiken's AECN 357 environmental and natural resources law course.

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez

Northwestern University Law Review

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting …

Opening The Underground Floodgates: Mississippi V. Tennessee And The Doctrine Of Equitable Apportionment, Patric J. Friend

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Batteries + Storage: The Implications Of Integrating A Battery Energy Storage System Into Renewable Energy Power Purchase Agreements, Amandeep Kaur

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Houston, We Have A Market Design Problem: Why The Legislative Response To Winter Storm Uri Does Not Yet Develop A More Efficient Market Mechanism To Ensure Reliability, Jillian Marie Borreson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Analysis: The Oil Pollution Act Of 1990, Michael Atkins

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Cross-Jurisdiction Unitization Agreements: A Legal Solution To The Issue Of Cross- Jurisdiction Petroleum Reserves Between Iran And Iraq, Nawzad Mirali Yasin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Scotus Invalidates Obama Clean Power Plan, J. David Aiken

Cornhusker Economics

On June 30, 2022, the Supreme Court of the United States (SCOTUS) ruled in the case of West Virginia v. EPA that the US Environmental Protection Agency (EPA) could not implement the 2016 Obama administration Clean Power Plan (CPP). This article briefly discusses the CPP, the CPP litigation, the Court's opinion in West Virginia v. EPA, and what the decision means for Biden administration climate policy.

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado-Pérez

Faculty Scholarship

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting …

Current Challenges In The Rio Grande/Río Bravo Basin: Old Disputes In A New Century, Regina M. Buono, Gabriel Eckstein

Faculty Scholarship

The Rio Grande River traverses 2000 kilometres of the international border between Mexico and the United States. The river and its tributaries are governed by a series of border treaties and institutions, as well as under the domestic laws of each nation. Often lauded for enabling innovative and collaborative governance, in recent years the complicated regime has come under pressure as domestic and international water governance institutions struggle under the strain of climate change, population growth, and other stressors on water supply and demand in the region. This chapter considers three of the major challenges currently facing the Rio Grande …

Affirmative Policy Sebagai Bentuk Diskriminasi Positif Dalam Perolehan Hak Milik Atas Tanah Bagi Warga Negara Indonesia Keturunan Nonpribumi Di Daerah Istimewa Yogyakarta, Fachriza C. Limuris

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The privileges of the Special Region of Yogyakarta which are affirmed in Law Number 13 of 2012 directly give authority over land matters. The problem that occurs is that it is not possible for Indonesian citizens of non-indigenous descent to obtain land ownership rights based on the Instruction of the Head of the DIY Region Number K.898/I/A/1975 regarding the Uniform Policy on the Granting of Land Rights to a non-Indigenous Indonesian citizen. This study aims to determine the ownership of land rights in Yogyakarta in terms of history, then to examine the concept of justice related to land ownership rights …

Killing Rarity, Shahrokh Falati

Articles & Chapters

On May 22, 2019, Botswana decided after many years to lift its ban on hunting elephants and in February 2020 held its first auctions for the right to hunt elephants. This turnaround change in their law coincides with a rapidly changing legal landscape in the United States related to the practice of trophy hunting of rare, intelligent animals, including elephants. This Article analyzes the fluid legal landscape surrounding this uncommon form of hunting of rare animals and possible ways of using the Administrative Procedures Act and the Federal Advisory Committee Act as a means of challenging the government’s rapidly changing …

Tinjauan Atas Sanksi Dan Imbalan Bunga Perpajakan Dalam Undang-Undang Harmonisasi Peraturan Perpajakan, Ismail Khozen, Milla Sepliana Setyowati

Jurnal Hukum & Pembangunan

The implementation of interest sanctions and compensation in taxation has undergone changes following the enactment of the Omnibus Law Job Creation in early October 2020. Although the regulation was later deemed unconstitutional, a similar framework has been incorporated into Law No. 7 of 2021 on Tax Harmonization Law (UU HPP). The lack of scholarly research exploring their conceptualization and implementation has motivated us to conduct this study. Our research emphasizes the importance of adhering to principles when designing a regime for imposing sanctions. Comparing two options, utilizing a fixed rate or a floating rate for calculating taxpayer sanctions and interest …

Menggagas Arah Kebijakan Ketenagakerjaan Yang Berkeadilan Demi Mewujudkan Kesejahteraan Pekerja/Buruh, Fitriana Fitriana

Jurnal Hukum & Pembangunan

One of the unsolved economic problems to date is related to the employment aspects. However, Government’s policies to address the problems have not provide a sense of justice for the community. It can be seen from the various actions against Law Number 11 of 2020 on Job Creation. From the drafting until the issuance, the public still rejected the substance of employment provisions because it was considered unfair to workers/laborers. Government policies are needed to protect workers/laborers whose socioeconomic status is weaker than that of employers. This study aims to elaborate issues of injustice that arise as a result of …

Kekuatan Pembuktian Alat Bukti Elektronik Dalam Hukum Acara Perdata, Disriani Latifah Soroinda, Anandri Annisa Rininta Soroinda Nasution

Jurnal Hukum & Pembangunan

The development of digital technology and information technology is happening very rapidly, computer systems are getting more sophisticated and internet access is getting easier making technology a part of people's daily lives, the existence of documents and or electronic information has now become a common thing. How does the Indonesian Civil Procedure Law regulates documents and or electronic information as an evidence and how does the law regulates the recognition, the validity and the strength of that evidence in the trials in order to create legal certainty for the people seeking justice.

Perdebatan Teoritis Terhadap Perluasan Ruang Lingkup Keuangan Negara Di Indonesia, Sutan Sorik, Anang Dwiatmoko

Jurnal Hukum & Pembangunan

The focus of this research is the expansion of the scope of state finance which currently still presents cross-thinking. The existence of a coherent understanding regarding the application of the financial legal status of a legal entity, whether it is related to state finances, regional finances, state-owned enterprises (BUMN) finances, regional-owned enterprises (BUMD) finances, or private finances is the background why this happens. In the development of the expansion of the scope of state finances, it became even stronger when the Constitutional Court also issued several decisions in response to requests for judicial review, starting from the Decision of the …

Teori Kesetaraan Sumber Daya Dworkin Dalam Kerangka Keadilan Distributif Dan Implikasinya Terhadap Konstitusi Negara Kesejahteraan, Petrus Ckl Bello

Jurnal Hukum & Pembangunan

According to Dworkin, the equality that must be pursued by a government is equality of resources, not equality of welfare, as emphasized by utilitarianism in its various versions. According to him, the concept of resource equality is superior in interpreting abstract ideas about human equality. First, the concept of resource equity avoids ambiguity in understanding distributive justice and, second, avoids divisions that contradict our intuition about justice, two problems that plague the formulation of welfare equality. Equality of resources is proposed by Dworkin in the framework of distributive justice. According to Dworkin, it is in this equality of resources between …

Ekosida: Studi Atas Pendekatan Loss Of Ecological Service Dan Environmental Crime Serta Prospek Pengaturan Di Indonesia, Triantono Triantono, Ani Purwanti, Nur Rochaety

Jurnal Hukum & Pembangunan

Ecosides have become an international discourse since the 1970s, as a result of concerns about human behavior towards the environment. In the last 10 years ecocide has appeared so clearly as part of a structured, systematic and massive exploitative action. The development of environmental crimes in the form of ecocides has not been followed by concrete efforts in the form of an international consensus to define ecocides as the most serious crime that can threaten environmental destruction. In the midst of this situation, there are 2 (two) interesting approaches to be developed further within the framework of explaining, analyzing and …

Implementasi Pasar Modal Syariah: Fenomena Saham Syariah Sebagai Isu Kapitalisasi Halal Di Indonesia, Afifatul Munawiroh, Rumawi Rumawi

Jurnal Hukum & Pembangunan

This article is a research-based in a study library reseacrh. The theme raised in this study is Sharia Stocks as an Issue of Halal Capitalization in Indonesia. Sharia stocks are investments in the capital market which are based on Islamic-based rules. Investors in Islamic stocks are not only from Muslims but, non-Muslims can also invest in sharia shares. There are three important questions in this research. First, what is meant by Islamic stocks? Second, how the interaction of investors on Islamic stocks so that it becomes a national capitalization issue? Third, what is the implications of Islamic stocks as a …

Kebijakan Pelaksanaan Paten Pemerintah Untuk Produk Obat Dan Vaksin: Diskursus Sistem Pelindungan Kekayaan Intelektual Dalam Perdagangan Internasional, Suyud Margono

Jurnal Hukum & Pembangunan

Intellectual Property Protection system has contradiction with the Government's use of Patent Implementation Policy for Pharmaceutical Products, Medicines and Vaccines occurs in addition to the increasing need for Medicines and vaccines in the Covid-19 pandemic situation, due to the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement in International trade has become a legal instrument that makes intellectual property exclusively. Identification of this research problem among others: What should be the Exploitation and Protection Policies for Inventions of Vaccine Patent Products so that there are no contradictions in the Intellectual Property Rights (IPR) System for International …

Pusaran Konflik Agraria Dan Model Resolusi Konflik Berbasis Keadilan Restoratif, Nurnaningsih Nurnaningsih

Jurnal Hukum & Pembangunan

Land acquisition for public purposes does not really provide a solution for the National Strategic Project (PSN). Many land conflicts continue to occur as a result of this. The construction of the Bener Dam in Wadas Village, Bener District, Purworejo Regency, Central Java Province is one of the conflicts over the PSN. For that we need a solution that guarantees justice and legal protection for the people in Indonesia.

Implementasi Akomodasi Yang Layak Bagi Penyandang Disabilitas Dalam Proses Penyidikan Di Kepolisian Kabupaten Sleman, Rosa Pijar Cahya Devi, Ignatius Loyola Iswaradatta Prasetio

Jurnal Hukum & Pembangunan

Indonesia is a country that upholds human rights. The manifestation of Indonesia's commitment to supporting human rights is to provide equal opportunities for every citizen to access justice. To provide fair treatment so that every citizen can access justice, Indonesia provides affirmative discrimination to vulnerable groups through laws and regulations. One of affirmative discrimination is provided to groups with disabilities. Through Government Regulation No. 39 of 2020 on Procedural Accommodation for Persons with Disabilities in the Judicial Process, Indonesia regulates what rights must be given to persons with disabilities to be able to participate in any judicial process based on …

Evaluasi Pelaksanaan Peradilan Daring Di Pengadilan Agama Jakarta Selatan Untuk Mengoptimalisasi Penyelesaian Perkara Perceraian Selama Pandemi Covid-19, Heru Susetyo, Satrio Alif Febriyanto, Rosalinda Estevani Kardinal

Jurnal Hukum & Pembangunan

To facilitate judicial process implementation during the COVID-19 Pandemic, courts can be conducted online. Besides preventing mass gatherings that avoid during the COVID-19 Pandemic, online courts also have other benefits to shortening time and saving court costs. The study of online justice application at the South Jakarta Religious Courts aims to find out online justice application in the divorce cases settlement with the final result of an online justice application evaluation in the divorce cases settlement during the COVID-19 Pandemic that can be used as evaluation material for stakeholders so that online courts can conduct better in the future. The …

Tinjauan Terhadap Tindak Pidana Pelaku Kekerasan Seksual Yang Dilakukan Oleh Anak: Studi Di Pengadilan Tindak Pidana Kekerasan Seksual Pada Pengadilan Negeri Tanjung Karang, S. Endang Prasetyawati, Tami Rusli, Yolanda Anindya D.S.

Jurnal Hukum & Pembangunan

Children are frequently the victims of sexual violence crime, but they can also commit sexual violence. The absence of parental monitoring led to this occurrence. The purpose of this study was to determine the research process on criminal acts of sexual violence committed by children and the judge’s considerations in cases of criminal acts of sexual violence committed by children. This study adopted a normative juridical approach as its methodology. Legal normative data sources, gathering information through outdoor investigation and library study. Data analysis employed legal qualitative. Accroding to the findings of the study and discussion, judges should take into …

Pembagian Hasil Migas Melalui Cost Recovery Dan Gross Split Bagi Sebesar-Besarnya Kemakmuran Rakyat Menurut Uud Nri Tahun 1945, Athari Farhani, Faiqah Nur Azizah, Panggalih Usadhani, Faridh Kurniawan

Jurnal Hukum & Pembangunan

Indonesia is a country with abundant natural resources. In oil and gas, two models of product sharing contract are known, namely through cost recovery and gross split. Through Permen of ESDM Number 12 of 2020 concerning the Third Amendment to Regulation of the Minister of Energy and Mineral Resources Number 8 of 2017 concerning Gross Split Production Sharing Contracts, which through this regulation the government makes it easy for contractor entrepreneurs to choose the Gross Split and Cost Recovery model schemes. Meanwhile, the 1945 Constitution of the Republic of Indonesia has outlined that natural resources are controlled by the state …