Environmental Health and Protection Commons^™

Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt

Faculty Articles

This Article addresses the Russia-Ukraine conflict’s broad implications for energy security, climate security, and environment protections during wartime. I assert that in the short-term the Russian-Ukraine war is poised to hinder much-needed international climate progress. It will stymie international decarbonization efforts and cause greater uncertainty in other climate-destabilized parts of the world, such as the Arctic. While Russia has become a pariah in the eyes of the United States and other Western nations, it has forged new partnerships and capitalized on new, lucrative energy markets outside the West and Global South. But in the long term, the global renewable energy …

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.

In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.

Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.

Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self­ regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'')­ broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …

Final 2021 Residential Metals Abatement Program (Rmap) West Elementary School Soil Remedial Action Work Plan (Rawp), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #3 [Covering Emerson Elementary, Headstart (Former Lincoln School), Headstart (Former Monroe School), & Margaret Leary Elementary], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #2 (Covering Highland View Christian School, Hillcrest Elementary, Kennedy Elementary, Silver Bow Montessori, & West Elementary), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #1 (Covering Ramsay Elementary School), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Draft Final Solid Media Management Program Plan, Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Remaking Environmental Justice, Clifford Villa

Faculty Scholarship

From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other dimensions of diversity. New and continuing challenges tell us that we need to reframe our understanding of environmental justice to ensure better protection for people going forward. One way to reframe this understanding may be to apply the heuristic of vulnerability analysis as proposed by legal theorist Martha …

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …

Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn

2020 Award Winners

No abstract provided.

Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole Leclair

Publications and Research

Natural gas extracted form shale reached record production totals in 2015 in the United States and the US Energy Information Administration (EIA) forecasts natural gas production will continue to increase. Wastes from shale gas extraction can contain the radioactive isotopes radium-226 (Ra-226) and radium-228 (Ra-228), which decay further into radon (Rn). Exposure to radon, a form of naturally occurring radioactive materials (NORM), is the leading cause of lung cancer in the United States, after smoking. This article explores how states handle the disposal of technologically enhanced naturally occurring radioactive materials (TENORM) and/or NORM waste from oil and gas operations to …

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

This Article makes two core arguments. First, it maintains that the common law of nuisance remains an essential backstop when existing regulatory authorities fail to address significant environmental problems. Second, reconnecting nuisance law to its historical roots, the Article maintains that common law litigation has served as an effective prod to help spur the development and implementation of new pollution control technology and to stimulate regulatory action to require its use, rather than serving as a vehicle for the judiciary to impose its own solutions for environmental problems.

This Article proceeds in four parts. Part I reviews the history of …

Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman

Law School Blogs

No abstract provided.

Nesting Trends Of The Green (Chelonia Mydas) And Hawksbill (Eretmochelys Imbricata) Turtles On Misali Island, Pemba, Thaowan Giorno, Megan Herrmann

Independent Study Project (ISP) Collection

Misali Island, one of the first conservation areas in Zanzibar, is considered an important nesting ground for the Green and Hawksbill turtles. This study was conducted to present results on the nesting and hatching trends on Misali Island by using data collected since 2002. Thorough statistical analyses were used on these data in order to find patterns in the nesting trends of these two species, and identify any significant differences that have occurred over the years. Overall, there has been a steady decline in the number of nesting and hatching events, but no statistically significant trends were found in terms …

Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos

Pell Scholars and Senior Theses

With the changing natural and political climate of the Arctic, conflicts over resource extraction and navigation will become inevitable. Empowering an intergovernmental institution like the Arctic Council Service may be the only solution. This paper analyzes the importance and history of the Arctic as a political environment, which is prone to abuse in the very near future at the hands of Russia and the United States.

Of Life And Limb: The Failure Of Florida's Water Quality Criteria To Test For Vibrio Vulnificus In Coastal Waters And The Need For Enhanced Criteria, Regulation, And Notification To Protect Public Health, Felicia Thomas

Student Works

The nefarious duo of warming oceans and rising sea levels has created a menacing yet lesser-known climate change-induced problem: an increase in sea-borne diseases. For most, the biggest concern when diving into the ocean is a possible, though exceedingly rare, shark encounter; however, it is the unexpected, unseen risk of Vibrio vulnificus that poses the greater danger. Part I of this paper discusses Vibrio vulnificus cases along the coasts of Florida, examining both the illnesses that were contracted through exposure of open wounds to seawater and those contracted through the consumption of raw oysters from the Gulf Coast. Part II …

Why Law Now Needs To Control Rather Than Follow Neo-Classical Economics, John William Draper

Librarian Scholarship at Penn Law

Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.

This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …

Corporate Social Responsibility/Sustainability Reporting Among The Fortune Global 250: Greenwashing Or Green Supply Chain?, John K. Lewis

Faculty and Staff - Articles & Papers

The sustainability reporting efforts of MNCs who are members of the Fortune Global 250 (FG250) was investigated. The focus was on sustainability reporting by MNCs of supply chain impacts. The reporting of FG250 MNCs was examined to determine if greenwashing was occurring or whether MNCs had committed to operating a green supply chain. A mixed methodology was used consisting of quantitative analysis of twenty-five MNC CSR/sustainability reports which were randomly selected from the FG250 listing. Qualitative analysis using content analysis was also conducted on the reports. Both methodologies concentrated on the sustainability reporting of the selected MNCs in regard to …

Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Michael Cohen, Senior Research Associate, Pacific Institute

29 slides

Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Bruce Baizel, Chair, STRONGER Board

17 slides

Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Cindy Beeler, U.S. Environmental Protection Agency, Denver, CO

10 slides

Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels

22 slides

Slides: What We Know (And Don't Know) About Air Quality Impacts Of Oil And Gas Development, Anna Karion

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Anna Karion, NOAA/ESRL, University of Colorado/CIRES

35 slides

Slides: Regulating Oil And Gas Emissions In The Denver Julesberg Basin, Garry Kaufman

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Garry Kaufman, Deputy Director, Colorado Air Pollution Control Division

25 slides

Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: John L. Adgate, PhD, MSPH, Professor and Chair, Department of Environmental and Occupational Health, University of Colorado

19 slides

Slides: Colorado Home Rule And Fracking, Richard Collins

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Richard Collins, University of Colorado Law School

33 slides

Slides: Exploring New Frameworks Of Regulation: Negotiating Model Regulations, Mark K. Boling

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Mark K. Boling, President, Southwestern Energy

13 slides

Slides: The Efd Program: Addressing Environmental Issues And Increasing Environmental Awareness, Richard Haut

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Rich Haut, Houston Advanced Research Center

8 slides