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The Right To The World's Longest River: Reopening The Vexing Case Of The Nile River, Amin R. Yacoub, Becky Briggs 2022 William & Mary Law School

The Right To The World's Longest River: Reopening The Vexing Case Of The Nile River, Amin R. Yacoub, Becky Briggs

William & Mary Environmental Law and Policy Review

Disputes over rivers and water resources extend back to early civilizations. Yet, the current dispute between Egypt and Ethiopia may rank among the most vexing water disputes in modern history. The Grand Ethiopian Dam filling is close to completion, and, if no cooperative or legal solution is reached, many adverse consequences will start appearing gradually on the Egyptian share of the Nile River, which may ultimately pose a threat to the African peace. Currently, the international community is standing in vain after multiple unsuccessful attempts at negotiation and mediation. While legal and political scholars have discussed mechanisms and substantive standards …


From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick 2022 William & Mary Law School

From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick

William & Mary Environmental Law and Policy Review

This Note offers a perspective on nationwide injunctions informed by a selection of environmental cases from roughly the last two decades. In doing so, it attempts to draw broader conclusions about when, if ever, federal courts should prohibit the enforcement of environmental policies nationwide. This Note proceeds as follows: Part I defines “nationwide injunction,” discusses the recent history of nationwide injunctions against the federal executive branch, and describes the absence of a clear legal standard governing nationwide relief. Part II examines six environmental cases in which plaintiffs have sought, or federal courts have ordered, nationwide relief. Part III suggests that, …


Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone 2022 William & Mary Law School

Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone

William & Mary Environmental Law and Policy Review

This Note will argue that diagonal federalism—a model of governance in which states partner with one another and local governments to pursue shared policy goals—is an ideal response to inconsistent climate change mitigation policy by the Federal Government. Part I provides an overview of the foundations of American environmental policy, how that policy is predicated on federal-state partnership, and the historical precedent for state-led action on climate change mitigation policy. Part II discusses how and why federal environmental policy, and by extension, federal climate change mitigation policy, has been so inconsistent. Part III illustrates how collaboration between the Federal Government …


Procedural Environmental Justice, Jonathan Skinner-Thompson 2022 University of Colorado Law School

Procedural Environmental Justice, Jonathan Skinner-Thompson

Publications

Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called “meaningful involvement” in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision-making. Especially in the environmental arena, regulatory decisions are often buried …


“Over-Stressed” Vines Produce No Wines, Whereas “Under-Stressed” Vines Mass Produce: Consolidation, Anti-Competition, And The Fall Of The Family Winery, Elyse Gottschalk 2022 University of San Francisco School of Law

“Over-Stressed” Vines Produce No Wines, Whereas “Under-Stressed” Vines Mass Produce: Consolidation, Anti-Competition, And The Fall Of The Family Winery, Elyse Gottschalk

University of San Francisco Law Review

No abstract provided.


A Treaty To Flourish: Granting Legal Rights To Critically Endangered Animals, Samantha Heley 2022 University of San Francisco School of Law

A Treaty To Flourish: Granting Legal Rights To Critically Endangered Animals, Samantha Heley

University of San Francisco Law Review

No abstract provided.


Front Matter, Colorado Environmental Law Journal 2022 University of Colorado Law School

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Environmental Law Journal 2022 University of Colorado Law School

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.


Tribal Consultation: Toward Meaningful Collaboration With The Federal Government, Michael C. Blumm, Lizzy Pennock 2022 Lewis and Clark Law School

Tribal Consultation: Toward Meaningful Collaboration With The Federal Government, Michael C. Blumm, Lizzy Pennock

Colorado Environmental Law Journal

No abstract provided.


Why Colorado Should Evaluate Clean Water Act Section 404 Program Assumption, John A. Kolanz 2022 Otis & Bedingfield, LLC

Why Colorado Should Evaluate Clean Water Act Section 404 Program Assumption, John A. Kolanz

Colorado Environmental Law Journal

No abstract provided.


Where The Nhpa And Nepa Meet: Failures Of The Nexus Of Eis And Section 106 Analyses, Johnsie Wilkinson 2022 University of Colorado Law School

Where The Nhpa And Nepa Meet: Failures Of The Nexus Of Eis And Section 106 Analyses, Johnsie Wilkinson

Colorado Environmental Law Journal

No abstract provided.


Polluters Paradise: The Dark Canon Of The United States Supreme Court In Pollution Control Law, Oliver A. Houck 2022 American University Washington College of Law

Polluters Paradise: The Dark Canon Of The United States Supreme Court In Pollution Control Law, Oliver A. Houck

American University Law Review

This Article is the last in a series of four articles exploring the Supreme Court's destructive legacy on environmental protection in the United States. This Article specifically explores the relationship between the Supreme Court and pollution through the lens of four landmark cases. Perhaps unsurprisingly, these cases together evince the Court’s tendency to distort both facts and law to reach outcomes that will benefit industrial polluters and emitters alike.

In the first case, Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, the Court disregarded EPA regulations banning the discharge of toxic materials into waters to approve a pollution-heavy mining operation. …


Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter 2022 University of Richmond - School of Law

Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter

Law Student Publications

This article highlights the ongoing lack of diversity in each of the three major types of environmental organizations—conservation and preservation organizations, governmental agencies, and environmental grantmaking foundations—and assesses how this lack of diversity has historically marginalized people of color. Assessing the history of how the environmental movement has marginalized people of color is key because from this marginalization grew the rise of the environmental justice movement and recognition from the legal system of environmental issues that disproportionately impacted people of color. Last, this article presents solutions on how environmental organizations can increase and retain diversity in their staff and leadership …


2021 Rhode Island Public Laws, Madison C. Picard 2022 Juris Doctorate candidate, Roger Williams University School of Law

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.


Table Of Contents, Public Interest Law Reporter 2022 Loyola University Chicago, School of Law

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho 2022 Loyola University Chicago, School of Law

Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho

Public Interest Law Reporter

No abstract provided.


Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen 2022 Loyola University Chicago, School of Law

Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen

Public Interest Law Reporter

No abstract provided.


A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller 2022 Loyola University Chicago, School of Law

A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller

Public Interest Law Reporter

No abstract provided.


Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen 2022 Loyola University Chicago, School of Law

Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter 2022 Loyola University Chicago, School of Law

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


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