Environmental Law,
2020
Mercer University School of Law
Environmental Law, Travis M. Trimble
Mercer Law Review
Notable cases decided in the United States Court of Appeals for the Eleventh Circuit in 2019 all arose out of disputes that originated under the Clean Water Act (CWA). The Eleventh Circuit held that, in preparing an Environmental Impact Statement (EIS) in connection with its decision to issue a dredge and fill permit under Section 404 of the CWA, the Corps of Engineers (Corps) was not required to consider potentially negative environmental effects resulting from activity made possible by the permit where the agency had no authority independently to regulate the effects. The court also held that the Environmental Protection …
Evidence Brief: Impact Assessment And Responsible Business Conduct,
2020
Dalhousie University Schulich School of Law
Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe
Responsible Business Conduct and Impact Assessment Law
This Evidence Brief provides a concise overview of the April 2020 report, Sara Seck & Penelope Simons, "Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement" (Draft Final Report for the SSHRC Knowledge Synthesis Grant: Informing Best Practices in Environmental and Impact Assessments, 13 April 2020).
Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island,
2020
Rhode Island Sea Grant Law Fellow
Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts,
2020
Texas A&M University School of Law
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
Faculty Scholarship
No abstract provided.
False Foods: Harmonizing The Eu And Us Organics Programs,
2020
Brooklyn Law School
False Foods: Harmonizing The Eu And Us Organics Programs, Elizabeth G. Fudge
Brooklyn Journal of International Law
The growth of the importation and exportation of organic foods in recent years has led governments around the globe to take more aggressive approaches in overseeing and certifying such products. Currently, there is a discrepancy in how states certify and respond to non-compliance issues for imported organic products. This creates a strong need to harmonize organics programs, specifically between the EU and US programs, as they are the two largest consumers of organic products. Through auditing both the EU and US organic import programs, significant issues of non-compliance became exceedingly clear. This Note argues that the best solution for addressing …
The Perception And Excessive Valuation Of Small, Publicized Drinking Water Risks,
2020
Vanderbilt University Law School
The Perception And Excessive Valuation Of Small, Publicized Drinking Water Risks, W. Kip Viscusi, Joel Huber, Jason Bell
Vanderbilt Law School Faculty Publications
Low probability risks create challenges for individual decisions and potential pressures for government regulation. This article reports original survey evidence regarding the public’s perception and valuation of water-related risks from plastic bottles with bisphenol A, residues in drinking water of the herbicide atrazine, and trace amounts of prescription drugs in water. People who believe that they face high water-related risks generally believe that the risks apply and, given that belief, are willing to pay more to limit the risk. However, the expressed willingness to pay for risk reductions is inordinately high even among those who are unsure of whether they …
Regulation Of Lobster Bait Alternatives In New England,
2020
Rhode Island Sea Grant Law Fellow
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
The Paradox Of Automation As Anti-Bias Intervention,
2020
Cornell Law School
The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa
Cardozo Law Review
A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as a heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic …
Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture,
2020
Jakarta Institute of Arts
Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti
International Review of Humanities Studies
The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …
Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations,
2020
Elisabeth Haub School of Law at Pace University
Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers
Pace Environmental Law Review
No abstract provided.
All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections,
2020
Elisabeth Haub School of Law at Pace University
All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards
Pace Environmental Law Review
No abstract provided.
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law,
2020
Penn State Law
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Pace Environmental Law Review
The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …
Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals,
2020
Deakin University
Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip
Pace Environmental Law Review
The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …
Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement,
2020
Dalhousie University Schulich School of Law
Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara L. Seck, Penelope Simons
Responsible Business Conduct and Impact Assessment Law
This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.
Pakootas V. Teck Cominco Metals, Ltd.,
2020
Alexander Blewett III School of Law at the University of Montana
Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte
Public Land & Resources Law Review
Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.
The Silent Killer,
2020
Fordham University
The Silent Killer, Breanna Dashanae Cavanaugh
Senior Theses
Many people around the world follow the slogan “Go Green” or “keep green and keep our planet green”. Do all countries and people within them follow those slogans? Do all countries uphold the standards of what it means to go green to keep the planet clean? The question can be answered with this simple statistic: The top 20 countries with the most polluted urban areas in order, Pakistan, Qatar, Afghanistan, Bangladesh, Egypt, UAE, Mongolia, India, Bahrain, Nepal, Ghana, Jordan, China, Senegal, Turkey, Bulgaria, Mauritius, Peru, Serbia and Iran. [1]Now, based off this image you will be able to see the …
It's A Revolution I Suppose: The Supreme Court's Radioactive Decision In Virginia Uranium Inc. V. Warren,
2020
Villanova University Charles Widger School of Law
It's A Revolution I Suppose: The Supreme Court's Radioactive Decision In Virginia Uranium Inc. V. Warren, Samantha Pankey Martin
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis,
2020
Dalhousie University Schulich School of Law
Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes
PhD Dissertations
This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …
A Southern California Surfer's Perspective On Marine Spatial Planning,
2020
Villanova University Charles Widger School of Law
A Southern California Surfer's Perspective On Marine Spatial Planning, Edwin C. Kisiel Iii
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Contemplating Aggregation In Pursuits Of Conservation: Clean Air Council V. Commonwealth And The Project Aggregation Principle,
2020
Villanova University Charles Widger School of Law
Contemplating Aggregation In Pursuits Of Conservation: Clean Air Council V. Commonwealth And The Project Aggregation Principle, Melissa A. Griest
Villanova Environmental Law Journal (1991 - )
No abstract provided.
