Seattle University School of Law
University of Kentucky
District of Columbia
American University Washington College of Law
Villanova University Charles Widger School of Law
University of Baltimore School of Law
The Humane Society of the United States
Haramaya University, Ethiopia
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv.,
2023
University of Montana
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.
Endnotes,
2023
American University Washington College of Law
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands,
2023
American University Washington College of Law
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Sustainable Development Law & Policy
Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …
Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks,
2023
American University Washington College of Law
Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer
Sustainable Development Law & Policy
National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being …
Pedal Into The Future,
2023
American University Washington College of Law
Pedal Into The Future, Elliot Wiley
Sustainable Development Law & Policy
Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.
Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation,
2023
American University Washington College of Law
Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk
Sustainable Development Law & Policy
Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it? How much is “too much?” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability? Which art is worth saving? A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social …
Toward A Utah Intentionally Created Surplus Program,
2023
American University Washington College of Law
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Sustainable Development Law & Policy
The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …
About Sdlp,
2023
American University Washington College of Law
About Sdlp, 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.
Editor's Note,
2023
American University Washington College of Law
Editor's Note, Juliette Jackson, Bailey Nickoloff
Sustainable Development Law & Policy
The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …
Fatal Fertilizer: Pfas Contamination Of Farmland From Biosolids And Potential Federal Solutions,
2023
Pace University
Fatal Fertilizer: Pfas Contamination Of Farmland From Biosolids And Potential Federal Solutions, Molly Carey
Pace Environmental Law Review
Farmers across the country are increasingly discovering devastating levels of per- and poly-fluoroalkyl substances (PFAS) contamination in their soil, water, and farm products from the spread of biosolid fertilizer. Contamination from these “forever chemicals” is causing farmers to close their businesses, lose their incomes and property values, and confront potential ad- verse health effects from toxic exposure. PFAS are not federally regulated, leaving farmers with no options for federal assistance with contamination crises. This article examines federal regulations that govern the spread of biosolids as well as existing and proposed federal regulations of PFAS. To fill in federal regulatory gaps, …
Endnotes,
2023
American University Washington College of Law
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act,
2023
American University Washington College of Law
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Sustainable Development Law & Policy
The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine,
2023
American University Washington College of Law
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak
Sustainable Development Law & Policy
Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex …
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?,
2023
American University Washington College of Law
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
About Sdlp,
2023
American University Washington College of Law
About Sdlp, 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.
Editors' Note,
2023
American University Washington College of Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
How Is A Community Urban Garden Program Related To The Law? Analysis Of Hortas Cariocas (Rio De Janeiro, Brazil),
2023
University of St. Thomas, Minnesota
How Is A Community Urban Garden Program Related To The Law? Analysis Of Hortas Cariocas (Rio De Janeiro, Brazil), Felipe Jardim, Angela Moulin Simoes Penalva Santos, Dennis Eversberg, Emerson Moura
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
The Return Of Public Goods: Introduction To A Symposium,
2023
University of St. Thomas School of Law, Minnesota
The Return Of Public Goods: Introduction To A Symposium, Dr. Charles J. Reid, Jr.
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Following The Framework: Intentional Genomic Alterations In Animals,
2023
University of Arkansas, Fayetteville
Following The Framework: Intentional Genomic Alterations In Animals, Sarah Copper
Journal of Food Law & Policy
Intentional genomic alterations in animals or genetically engineered animals have existed in their modern form since the 1980s. However, the introduction of these animals into our food supply has been a more recent development. The federal government has taken steps in an attempt to regulate these products in a streamlined and efficient manner but has faced criticism in their approach. While the Food and Drug Administration (“FDA”) is currently responsible for the regulation of intentional genomic alterations (“IGAs”) in animals, there is significant effort behind transferring that oversight to the United States Department of Agriculture (“USDA”). However, in the meantime, …
Do States Prefer Alcohol Over Marijuana? A Look At Labeling Regulatory Differences Between The Alcohol And Edibles Industries,
2023
University of Arkansas, Fayetteville
Do States Prefer Alcohol Over Marijuana? A Look At Labeling Regulatory Differences Between The Alcohol And Edibles Industries, Mckinley H. Groves
Journal of Food Law & Policy
In the children’s book "Through the Looking Glass and What Alice Found There", Alice interacts with Humpty Dumpty. During their conversation, Humpty notes that he, alone, can decide the meaning of words. Even Alice, at the young age of seven, casts doubt on this idea. Definitions of words and phrases play an important role in human interactions and even more so when the words and phrases defined are within a statute. In the United States, Congress and state legislatures play the role of Humpty Dumpty by coming up with meanings of important words and phrases found in the laws they …
