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Articles 1561 - 1590 of 7685

Full-Text Articles in Natural Resources Law

Petition For Writ Of Certiorari Dec 2021

Petition For Writ Of Certiorari

Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe v. Lummi Nation, Docket No. 21-913 (142 S.Ct. 1123 (2022))

No abstract provided.

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Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos Dec 2021

Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos

Public Land & Resources Law Review

The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.

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Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman Dec 2021

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …

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Whose Water? Corporatization Of A Common Good, Vanessa Casado-Pérez Dec 2021

Whose Water? Corporatization Of A Common Good, Vanessa Casado-Pérez

Faculty Scholarship

This chapter encourages readers to think of agricultural communities in the era of climate change-induced droughts and population growth similar to when western Pennsylvania’s steel industry collapsed in the 1980s. If water must flow uphill to money, it should not leave a dust bowl behind. While this chapter’s proposals to address the effects on community build on examples of water reallocation where those effects have been addressed, both the just-transition literature and the experiences of some of the towns successfully adapting to abrupt changes in their economic tissue can offer lessons for areas suffering big water losses. In addition, privatization …

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Federal Land Conservation In Rural Areas, Jessica Owley, Jess Phelps Dec 2021

Federal Land Conservation In Rural Areas, Jessica Owley, Jess Phelps

Brooklyn Law Review

Rural land has an important role to play in environmental protection. This Article examines how the federal government works to further the goals of land conservation in rural areas—ranging from farmland to forests and wetlands; from working landscapes to national parks; and from private to public landownership. We note three approaches. The federal government mandates conservation through laws like the Endangered Species Act and the Clean Water Act. The federal government incentivizes conservation through Farm Bill programs and tax incentives. Finally, the federal government facilitates conservation through noncoercive funding, review, and technical assistance programs under the Farm Bill, the National …

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An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li Dec 2021

An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li

Brooklyn Journal of International Law

The concept of the Common Heritage of Mankind (CHM) remains uncertain and controversial. This article starts with an analysis of the legal status of the CHM to identify the legal subjects who can exercise rights to the CHM and what types of rights they have. It is argued that an exclusive property model is the one successfully implemented in the law of sea regime., i.e., the CHM is defined as an exclusive property of mankind. Mankind, as a separate entity, can have ownership over the CHM, while other entities can only exercise usufruct to the CHM. This article moves further …

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Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado-Pérez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs Dec 2021

Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado-Pérez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs

Faculty Scholarship

As we were in the final phases of editing a book on disruption in environmental law, a pandemic swept across the world disrupting daily life and the functioning of society to an extent unprecedented in living memory. The novel coronavirus known as COVID-19 was identified in China in late 2019 and by late February 2020, it had spread to every continent except Antarctica; as of April, 2021, the World Health Organization (WHO) estimated that over 148 million people had been infected worldwide with over 3 million deaths. Scientists and public health experts have raced to understand the virus—how is it …

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The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann Dec 2021

The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann

Faculty Scholarship

Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.

In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …

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Bahr V. Regan, Aspen B. Ward Nov 2021

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …

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Fiduciary Duties And Corporate Climate Responsibility., Cynthia A. Williams Nov 2021

Fiduciary Duties And Corporate Climate Responsibility., Cynthia A. Williams

Articles by Maurer Faculty

I remain intrigued with the benefits as well as the costs of agency relationships and in particular the possible power of fiduciary duties to be harnessed to advance the firm's social responsibilities. That is, can internal mechanisms of the firm, the private law (from a European perspective) fiduciary duties of agents, be used to advance external public law goals? Instead of outward standards of responsibility being brought into the firm through external mechanisms (i.e., voluntary standards development and third-party assurance), could the internal standards of agents' responsibilities to the firm, their fiduciary duties, be used to extend responsible action beyond …

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Binational Reflections On Pathways To Groundwater Security In The Mexico-United States Borderlands, Rosario Sanchez, Jose Agustin Brena-Naranjo, Alfonso Rivera, Randall T. Hanson, Antonio Hernandez-Espriu, Rick J. Hogeboom, Anita Milman, Jude A. Benavides, Adrian Pedrozo-Acuna, Julio Cesar Soriano-Monzalvo, Sharon B. Megdal, Gabriel Eckstein, Laura Rodriguez Nov 2021

Binational Reflections On Pathways To Groundwater Security In The Mexico-United States Borderlands, Rosario Sanchez, Jose Agustin Brena-Naranjo, Alfonso Rivera, Randall T. Hanson, Antonio Hernandez-Espriu, Rick J. Hogeboom, Anita Milman, Jude A. Benavides, Adrian Pedrozo-Acuna, Julio Cesar Soriano-Monzalvo, Sharon B. Megdal, Gabriel Eckstein, Laura Rodriguez

Faculty Scholarship

Shared groundwater resources between Mexico and the United States are facing unprecedented stressors. We reflect on how to improve water security for groundwater systems in the border region. Our reflection begins with the state of groundwater knowledge, and the challenges groundwater resources face from a physical, societal and institutional perspective. We conclude that the extent of ongoing cooperation frameworks, joint and remaining research efforts, from which alternative strategies can emerge, still need to be developed. The way forward offers a variety of cooperation models as the future offers rather complex, shared and multidisciplinary water challenges to the Mexico–US borderlands.

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Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell Oct 2021

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …

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Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello Oct 2021

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …

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The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico Oct 2021

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …

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Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele Oct 2021

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …

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Held V. State, Alec D. Skuntz Oct 2021

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

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To Damn Or Not Damn A Dam: Stakeholder Collaboration As A Tool For Dam Management, Alec D. Tyra, Nicholas Kandas Oct 2021

To Damn Or Not Damn A Dam: Stakeholder Collaboration As A Tool For Dam Management, Alec D. Tyra, Nicholas Kandas

William & Mary Environmental Law and Policy Review

Dams have played an integral role in the development and economic growth of the United States for centuries, and remain important fixtures in water and energy management. However, after standing for decades, aging dams across the country are deteriorating or creating harmful environmental impacts that have made them sources of contention in many river basins. Calls to remove certain dams have been growing and in recent years have particularly intensified with respect to some large federally owned or regulated hydroelectric dams. These larger dams are subject to ongoing environmental review under the National Environmental Policy Act. Nonfederally owned dams also …

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When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli Oct 2021

When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli

Dickinson Law Review (2017-Present)

The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …

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Thirsty Places, Priya Baskaran Oct 2021

Thirsty Places, Priya Baskaran

Utah Law Review

The United States, among the wealthiest and most prosperous nations in the world, regularly fails to provide clean, potable water to many of its citizens. Recent water crises occur within communities categorized as Geographically Disadvantaged Spaces (“GDS”), which often encompass urban and rural areas. What is more, people of color and economically vulnerable populations are often located within GDS, disproportionately burdening these groups with the economic and public health consequences of failing water infrastructure. This Article provides a novel, comparative analysis of communities lacking potable water in Flint, Michigan, and southern West Virginia. This analysis highlights entrenched structural problems present …

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Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour Sep 2021

Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour

Public Land & Resources Law Review

The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.

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Pendekatan Keadilan Integratif Dalam Membangun Institusi Publik Yang Legitim, Tri Harnowo, Alavi Ali Sep 2021

Pendekatan Keadilan Integratif Dalam Membangun Institusi Publik Yang Legitim, Tri Harnowo, Alavi Ali

Jurnal Hukum & Pembangunan

Public institutions have a very important role in providing public services in order to fulfill basic needs and the rights of every citizen, therefore the formation and operation must have public legitimacy. This paper discusses conceptual ideas in establishing legitimate public institutions based on the integrative justice principle, by taking Rawlss proscedural justice, Habermass communication theory and Lind’s perceptive justice as theoritical framework. The results of this study provide a concept of legitimate public institutions where in its formation and operatioan must fulfill the principles of participatory, constitutionality, universality, accessibility, efficiency, partiality, dialectic, deliberative, care, respect and explanatory.

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Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air), R. Ismala Dewi, Aad Rusyad Nurdin Sep 2021

Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air), R. Ismala Dewi, Aad Rusyad Nurdin

Jurnal Hukum & Pembangunan

Various water resource problems that occur in Indonesia, including in DKI Jakarta and surrounding cities, such as flooding, drought, raw water crisis, river water pollution, have an impact on decreasing water availability. This is partly due to the unfriendly behavior of the community in using water, especially those in water catchment areas. Therefore, it is necessary to manage waterto maintain the sustainability of water availability so as to provide fair benefits to the community. Given these objectives and the existence of complex water problems, it requires adequate regulation. A rule that is not only to overcome the act of destroying …

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Politik Hukum Program Keluarga Berencana Di Indonesia, Aditya Rahmadhony, Mardiana Dwi Puspitasari, Maria Gayatri, Iwan Setiawan Sep 2021

Politik Hukum Program Keluarga Berencana Di Indonesia, Aditya Rahmadhony, Mardiana Dwi Puspitasari, Maria Gayatri, Iwan Setiawan

Jurnal Hukum & Pembangunan

Regime or government change has specificlegal political characteristics, including the Political Law of Family Planning. Each period of government has different views and policies on the implementation of the national family planning program as one of the programs in population control in Indonesia. This study aims to determine the effect of legal politics on the success of the family planningprogram in Indonesia by analyzing statutory regulations in the form of policy rules relating to the family planning program at each government period. The research method used is juridical-normative research through a literature review approach by analyzing policies in the form …

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Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan (Suatu Telaah Kritis), Wahyu Nugroho, Erwin Syahruddin Sep 2021

Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan (Suatu Telaah Kritis), Wahyu Nugroho, Erwin Syahruddin

Jurnal Hukum & Pembangunan

Draft Law on Cipta Kerja using the omnibus law method in the environment and forestry sector needs to be tested in the current constitutionalism of the environment. In this article, the author will focus on environmental and forestry issues in the content of the Draft Law on CiptaKerja with the formulation of the problem, how is the critical review of the material contained in the Draft Law on Cipta Kerja inthe environment and forestry sector? and what are the implications of the material content regulated in the DraftLaw on Cipta Kerja in the environment and forestry sector?The results of his …

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Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja, Nindry Sulistya Widiastiani Sep 2021

Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja, Nindry Sulistya Widiastiani

Jurnal Hukum & Pembangunan

In the civil law system, there are force majeure and hardship concepts which is related with situation when debtors unable to fulfill their contract obligations. Covid-19 pandemic in Indonesia causes employers’ difficulties in order to fulfill their work agreement obligations, such as payingtheir workers wages and Religious Holiday Allowances. In the context of fulfilling work agreement obligations, force majeure dan hardship concepts could not be found in the Indonesia’s Manpower Law. This conceptual article aims to analyse the chance of using force majeure and hardship concepts in the implementation of work agreement during covid-19 pandemic. The analysis uses conceptual approach …

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Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya Sep 2021

Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya

Jurnal Hukum & Pembangunan

Since Indonesia entered a period of health emergencies caused by the outbreak ofthe Covid-19, the Indonesian government has attempted to develop various legal instruments to regulatethe behavior of the Indonesian people. One of the instruments used is a circular letter. This paper tries to examine the normative juridical use of circular letters as an instrument of state administration during this pandemic. In legislation science and administrative law theory,a circular letter is a piece of legislationthat should be used as an official note to warn and remind, notto regulate.In practice, there are several problematic Circular Letters which are used to regulate …

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Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia, Ilham Fajar Septian, Ali Abdurahman Sep 2021

Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia, Ilham Fajar Septian, Ali Abdurahman

Jurnal Hukum & Pembangunan

The law explanationis interpretation of norms contained in the body of the law. However, its existence as part of the law promulgatesthe unclear status of the lawexplanation as a mere interpretation or also as a binding legal norm. This has been further emphasized by the Constitutional Court Decision whichchanges its stance in judicial review to the law explanation. Therefore, issues regarding the legal status of the law explanationand the extent to which the Constitutional Court can judicial review tothe law explanationneed to be resolved. This research is a normative juridical research through literature study with historical, statutory, case, conceptual, and …

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Tinjauan Yuridis Terhadap Perlindungan Anak Dalam Ruang Siber Di Indonesia, Muhammad Rafifnafia Hertianto Sep 2021

Tinjauan Yuridis Terhadap Perlindungan Anak Dalam Ruang Siber Di Indonesia, Muhammad Rafifnafia Hertianto

Jurnal Hukum & Pembangunan

Indonesia high internet development and penetration rate make the child as user in a vulnerable position tocyberspace threat. Ironically Indonesia until this moment has no specific law or technical mechanism that can guarantee child security and fulfill child rights. In the current situation the number of criminal reports which utilize internet as its medium arehigh and keep on increasing over the year. This research aim to analyze the concept of child protection in cyberspace based on existing regulations on child protection. This research uses normative juridical methods and secondarydata which is then analyzedto state conclusion and recommendation. Based on the …

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Pro Kontra Terhadap Prosedur Dan Substansiomnibus Law Rancangan Undang-Undang Cipta Kerja, Bambang Sadono, Lintang Ratri Rahmiaji Sep 2021

Pro Kontra Terhadap Prosedur Dan Substansiomnibus Law Rancangan Undang-Undang Cipta Kerja, Bambang Sadono, Lintang Ratri Rahmiaji

Jurnal Hukum & Pembangunan

There are at least two main issues concerning the pros and cons of this omnibus law. First is the posedural issue in the process of making laws. Omnibus law should not be solely to support economic growth and facilitate investment. At thesame time other issues must be considered, for example human rights. So that the omnibus law is not merely a technical problem of legal drafting, but is also part of the implementation of the countrys legal politics. This study uses a literature reviewanalysis method. The results of the deepening of the literatureexplain that the reasons for urgent needs, and …

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Politik Hukum Pemberian Grasi, Amnesti Dan Abolisi Sebagai Konsekuensi Logis Hak Prerogatif, Suyogi Imam Fauzi Sep 2021

Politik Hukum Pemberian Grasi, Amnesti Dan Abolisi Sebagai Konsekuensi Logis Hak Prerogatif, Suyogi Imam Fauzi

Jurnal Hukum & Pembangunan

The granting of clemency, amnesty and abolition is a prerogative rights owned by the president based on Article 14 of the 1945 Constitution of the of Indonesia (UUD 1945). The long proses of implementing thegranting of clemency, amnesty and abolition after independence to the post-amendment of the UUD 1945 produce a lesson forIndonesia regarding the law shall be correspond in treating prisoners rights properly in accordance with Human Rights. There is a differences regarding the way of granting clemency which is more dynamically developing beside amnesty and abolition is still at a sustain of stagnation even after the amendment UUD …

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