Environmental Law Commons^™

The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer

Public Interest Law Reporter

No abstract provided.

Agency Genesis And The Energy Transition, Sharon B. Jacobs

Publications

Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating …

The Acf Water Wars Final Episode: Is Florida Entitled To Greater Flow In The Apalachicola River?, Robert Abrams

Journal Publications

This case marks the second trip to the Supreme Court for Florida’s equitable apportionment case seeking to obtain greater flows into Apalachicola Bay, the estuary of the ApalachicolaChattahoochee-Flint (ACF) River Basin. In a 2018 decision, the Supreme Court reviewed a report of then-Special Master Ralph Lancaster recommending that the Court deny relief to Florida because of the Court’s inability to provide relief without having the Army Corps of Engineers as a party to the litigation. At that time, a 5–4 majority ruled that the Special Master had applied too demanding a standard of proof to the issues surrounding redressability and …

The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner

Oklahoma Law Review

No abstract provided.

Does The Doctrine Of Equitable Apportionment Apply To Conflicts Between States Over Groundwater Resources When Such Resources Are Derived From An Aquifer That Lies Beneath More Than One State?, Robert Abrams

Journal Publications

The Middle Claiborne Aquifer is a large sand formation that contains groundwater within its sand’s porous spaces. The Aquifer spans beneath Mississippi, Tennessee, and at least six other neighboring states. Since 1886, the City of Memphis has withdrawn water from the aquifer to supply drinking water. Memphis also has withdrawn water for irrigation and industrial purposes. Due to increased water pumping, water levels in the aquifer have dropped, lowering the piezometric head (water pressure) in different locations, including between the two states’ borders. In 2005, Mississippi filed suit against the City of Memphis and the Memphis Light, Gas and Water …

Anem: A Simple Web-Based Platform To Build Stakeholder Understanding Of Groundwater Behavior, Bruce Huber

Journal Articles

Groundwater supports essential societal and ecological functions by acting as a reservoir that buffers against natural variability. Increasing water scarcity and climate variability have resulted in more intensive management of groundwater resources, but groundwater often remains difficult to understand and manage. With this in mind, we develop a simple platform that provides a straightforward, web-based user interface applicable to a wide variety of end-user scenarios. Groundwater behavior is modeled using the method of images in a new R package, anem, which serves as the engine for the web platform, anem-app, produced using R Shiny. Both tools allow users to define …

Collaborative Governance Under The Endangered Species Act: An Empirical Analysis Of Protective Regulations, Robert L. Fischman, Vicky J. Meretsky, Matthew P. Castelli

Articles by Maurer Faculty

Recent conservation and administrative law scholarship emphasizes the need for potential legal adversaries to work together. Stakeholders and regulators can pool their political capital, money, property, expertise, and legal leverage to achieve more than could be accomplished through mere mechanical implementation of statutory commands. Most commentators associate collaboration with programs promoting fuzzy objectives to engage the public and advisory groups.

The Endangered Species Act (ESA) is a polarizing statute that imposes seemingly uncompromising mandates. But this Article demonstrates that the ESA actually provides rich opportunities for collaborative governance. In exploring this underappreciated success story, we document how conservation collaboration adapts …

Keeping Up: Walking With Justice Douglas, Charles A. Reich

Touro Law Review

No abstract provided.

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

Foreign Affairs Federalism: The Doctrine Of Foreign Affairs Preemption And State Regulation In Light Of The Paris Agreement, Anagha Sundararajan

University of San Francisco Law Review

No abstract provided.

The Toxic Crusaders: Exploring The History Of The Criminal Enforcement Of The Toxic Substances Control Act, Joshua Ozymy, Melissa L. Jarrell

Mitchell Hamline Law Journal of Public Policy and Practice

The criminal prosecution of defendants who violated federal laws governing chemical substances has been ongoing for roughly four decades. Yet we continue to have a poor understanding of how federal prosecutors use the U.S. Toxic Substances Control Act (TSCA) to charge and prosecute environmental criminals. Through content analysis of all the Environmental Protection Agency’s (EPA) criminal prosecution case summaries from 1983 to 2019, we analyze all TSCA-focused prosecutions for two purposes. First, to gain a better historical understanding of how federal prosecutors have used TSCA as a prosecutorial tool. Second, to understand outcomes of those prosecutions. Results show that 38% …

A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia

Scholarly Articles

In recent years, much has been written about trust principles as a useful lens through which to view environmental obligations – particularly with respect to the obligations of the present generation to those who will live in the generations to come.
Underlying much of this discussion is the ancient principle of the public trust doctrine as a vehicle for meeting that intergenerational responsibility. However, while trust theory enjoys an impressive legal pedigree, it has not gained as much traction in American environmental law as might be effective for addressing contemporary environmental issues.
One reason that the trust model is not …

Nature’S Personhood And Property’S Virtues, Laura Spitz, Eduardo M. Peñalver

Faculty Scholarship

This Article evaluates the strategy of claiming personhood for natural objects as a way to advance environmental goals in the United States. Using the Colorado River Ecosystem v. Colorado litigation as the focus, we explore the normative foundation of the claim—elements of nature are legal persons—and the work personhood is being asked to do by the plaintiff and other environmental activists. We identify three possibilities: procedural work, substantive work, and rhetorical work. Of those, we suggest the plaintiff’s strongest case is rhetorical. We say this not only because it will likely be difficult to convince a judge to extend standing …

Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod

Articles & Chapters

No abstract provided.

Compensation For Environmental Damage: Progressively Casting A Wider Net, But What’S The Catch?, M P Ram Mohan, Els R. Kini

Vanderbilt Journal of Transnational Law

In the case Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)–-Compensation Owed by The Republic of Nicaragua to The Republic of Costa Rica (the Costa Rica case), the International Court of Justice (ICJ) had to ascertain the compensation amount due by Nicaragua for the environmental damage it had caused to Costa Rica. This was the first time the ICJ was asked to weigh in and settle an environmental damage compensation claim between two states. After a concise introduction in Part I, this Article will first review the distinction between state responsibility for wrongful acts …

Climate-Induced Human Displacement And Conservation Lands, Jessica Owley

Articles

As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

The Subdelegation Doctrine As A Legal Tool For Establishing Tribal Comanagement Of Public Lands: Through The Lens Of Bears Ears National Monument, Daniel Franz

Colorado Environmental Law Journal

No abstract provided.

What's Mine Is Yours: An Analysis Of The Federal Laws Used To Compensate The Navajo Nation And Remediate Abandoned Uranium Mines And Mills On The Reservation, Cody Philips

Colorado Environmental Law Journal

No abstract provided.

Green Infrastructure: Strengthening Federal Policy For Flood Mitigation, Ecosystems, And Community Well-Being, Mckenzie Brandon

Colorado Environmental Law Journal

No abstract provided.