Hold The High-Water Line: A Transnationally Informed Coastline Protection Scheme In The United States,
2020
Vanderbilt University Law School
Hold The High-Water Line: A Transnationally Informed Coastline Protection Scheme In The United States, Charlie Spencer-Davis
Vanderbilt Journal of Transnational Law
Climate change and sea level rise degrade the environment, infrastructure, and private property along US coastlines. The magnitude of these harms will only accelerate unless the United States improves its coastal protection scheme. Informed by approaches in Israel, the United Kingdom, and China, this Note offers a dynamic solution to coastline protection by way of a federal Rolling Coastal Conservation Easements Act. The act would authorize states to develop and implement rolling easements on private coastal properties. This flexible scheme would include compensation for those landowners who grant easements to their localities, while giving private property owners the option to …
Don't Go In The Water: On Pathological Jurisdiction Splitting,
2020
Penn State Law
Don't Go In The Water: On Pathological Jurisdiction Splitting, Jamison E. Colburn
Faculty Scholarship
Waters and water rights have endured (or induced) a uniquely pathological tendency in our tradition to split up the authority to declare the operative legal interests therein. By studying three seemingly unrelated areas of waters and water rights law, this tendency is brought out in its essence and linked to explicit foundations and likely causes. Ultimately, this kind of extreme jurisdiction splitting is rendering our waters ungovernable, forcing even the most basic legal questions to go undecided. The last part of the article introduces three different reform pathways but cautions against the search for quick fixes of any kind.
Commandeering, Preemption, And Vehicle Emissions Regulation Post-Murphy V. Ncaa,
2020
Northwestern Pritzker School of Law
Commandeering, Preemption, And Vehicle Emissions Regulation Post-Murphy V. Ncaa, Amelia Raether
Northwestern University Law Review
The Clean Air Act is often heralded as a paragon of cooperative federalism. The Act’s approach to vehicle emissions regulation in particular prescribes a unique partnership between the federal government and the state of California: while all states are bound by federally mandated vehicle emissions requirements, California may set more stringent standards in recognition of its historic role on the leading edge of environmental protection. However, in August 2018, the Environmental Protection Agency proposed not only to roll back the national emissions regulations, but also to revoke California’s ability to set more stringent standards, which include limits on greenhouse gas …
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems,
2020
Alexander Blewett III School of Law at the University of Montana
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey L. Gordon
Faculty Law Review Articles
Of all the living things on earth, humans have the unique ability to destroy all life. Paradoxically, even though our lives will ultimately be destroyed too, we also seem to have the inability to stop the destruction, or at least alack of will to stop it. As the daily litany of new destructions2 piles up and both the pace and the quantity increase, each loss is buried in the pile beneath humanity’s other problems. When humans start prioritizing, the living environment—both flora and fauna—is often neglected, and sometimes purposely harmed.3 Even nonliving elements of nature are harmed. In …
Beyond The Belloni Decision: Sohappy V.Smith And The Modern Era Of Tribal Treaty Rights,
2020
Alexander Blewett III School of Law at the University of Montana
Beyond The Belloni Decision: Sohappy V.Smith And The Modern Era Of Tribal Treaty Rights, Monte Mills
Faculty Law Review Articles
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation’s natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty protected rights, which the United States Constitution upholds as the supreme law of the land, to defend the resources on which they and their ancestors have relied for generations. Those claims have resulted in significant legal victories, igniting a broader movement in favor of tribal sovereignty and …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Accelerating Deep Decarbonization In The U.S. Transportation Sector,
2020
University of California, Davis
Accelerating Deep Decarbonization In The U.S. Transportation Sector, Daniel Sperling, Lewis Fulton, Vicki Arroyo
Georgetown Law Faculty Publications and Other Works
The transportation sector includes light-duty vehicles, heavy-duty vehicles (trucks), off-road vehicles, buses, rail, shipping, and aviation. Reducing emissions in this sector is critical in order to achieve the pathways to zero carbon. Transportation emissions accounted for 37 percent of total CO₂ emissions from energy and industry in 2019. The principal strategy for decarbonizing transportation is electrification (including battery, plug-in hybrid, and hydrogen fuel cells) of all light-duty vehicles, urban-based trucks and buses, rail, much of long-haul trucking, and some short-haul shipping and aviation. For long-haul aviation and long-haul ocean shipping, advanced low-carbon biofuels and synthetic liquids or gases produced with …
The Current Role Of The Environment In Reinforcing Acts Of Domestic Terrorism: How Fear Of A Climate Change Apocalypse May Strengthen Right-Wing Hate Groups,
2020
Georgetown University Law Center
The Current Role Of The Environment In Reinforcing Acts Of Domestic Terrorism: How Fear Of A Climate Change Apocalypse May Strengthen Right-Wing Hate Groups, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although the violence is new, the coupling of racism and anti-immigration rants with environmental goals is not—it is part of our cultural history. This Article provides some background on the threats of environmental and domestic terrorism facing our nation and describes how the present-day rhetoric of fear of an environmental Armageddon …
Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos,
2020
Duke Law School
Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos, D. Lee Miller, Ryke Longest
Faculty Scholarship
For thirty years, the swine industry has externalized severe environmental and health harms onto poor communities of color in Eastern North Carolina. This “Big Pig” problem is caused by the confinement, consolidation, and concentration of industrial hog operations within the low, flat, and economically marginalized Coastal Plain. Big Pig’s rise was not inevitable. As recently as 1982, more than 11,000 small swine farms freckled nearly all of North Carolina’s 100 counties. Then came the “boom” of consolidation and industrialization that transformed hog production into a highly consolidated and vertically integrated industry.
The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle,
2020
Lewis & Clark Law School
The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr.
Animal Law Review
The U.S. Fish and Wildlife Service (the Service) is unable to adequately address Endangered Species Act (ESA) petitions because marijuana’s Schedule I status creates a regulatory vacuum. Marijuana growers use pesticides, many of which are lethal at certain concentrations. Typically, these pesticides are highly regulated by the Environmental Protection Agency (EPA). Farmers may only use pesticides specifically prescribed for use on the plant or crop. EPA has been unable to research or register pesticides for use on marijuana plants, and as a result, growers use pesticides at abnormally high concentrations. Wildlife in northern California and Oregon are directly harmed as …
An Exploration Of Zero Waste Policies And Recommendations For Missoula,
2020
The University Of Montana
An Exploration Of Zero Waste Policies And Recommendations For Missoula, Sarah Blyth Lundquist
Graduate Student Theses, Dissertations, & Professional Papers
“Zero Waste” is a concept and community goal that has arisen to challenge the current consumerist economic system and offer solutions for a number of environmental issues. In adopting this goal, individuals and communities pledge to reduce and divert at least 90% of their waste in a certain number of years. These goals can be reached by employing policies, programs, and other intervention tactics which establish Zero Waste infrastructure, ensure equitable and widespread access to Zero Waste services, and provide educational outreach and resources to the community. Missoula adopted a Zero Waste goal in 2016 and created a Zero Waste …
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource,
2020
University of Montana
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington
Graduate Student Theses, Dissertations, & Professional Papers
Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …
Front Matter,
2020
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?,
2020
Tulane Law School and Shanghai Maritime University
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
Natural Resources Journal
This article analyzes the international convention governing marine pollution caused by the shipment of hazardous and noxious substances (“HNS”). It also discusses China’s domestic laws and regulations of HNS marine pollution liability comparing the Chinese approach with norms under the HNS Convention. The author argues that China faces severe HNS pollution issues and proposes solutions to HNS liability and compensation problems.
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law,
2020
Wisconsin
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner
Natural Resources Journal
Asteroid mining is set to be one of the most lucrative industries of the near future. With mineral value that dwarfs resources found on Earth, the race to locate and mine these precious minerals will soon begin in earnest. However, asteroid mining raises numerous legal questions, including how to create contracts for private mining companies to exploit the asteroids. Standard mining contracts provide a foundation for earthbound contracts, while mining in extreme environments such as Antarctica and the seabed provides further structure upon which parties interested in asteroid mining can begin building new contracts. These earthbound contracts also serve as …
A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects,
2020
University of New Mexico
A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish
Natural Resources Journal
Throughout the United States dams are approaching the terminus of their original licensing periods and are undergoing re-licensing by the Federal Energy Regulatory Commission. This period of review has prompted extensive studies in these basins to determine the cost-benefits associated with keeping these dams, versus removing and restoring the natural ecosystems that are currently inundated. In situations where a dam is deemed to be no longer economically relevant, and/or a detriment to endangered species or their critical habitat, an agreement for removal and restoration is often proposed as the next step in the management of that basin’s water resources. However, …
River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018),
2020
University of New Mexico - School of Law
River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018), Sarah Mclain
Natural Resources Journal
“Oh. Shit.” These were the first words spoken when mine sludge carrying heavy metals began spewing out of the side of Level 7 portal of the Gold King Mine. On August 5, 2015, EPA staffers and contractors were working to start clearing out debris from the mine, and instead opened a hole on the side of an old mine tunnel which released three million gallons of water and sludge into the Animas River below. The sludge would travel downstream, passing the old mining community of Silverton, CO, continuing past Durango, CO, and eventually crossing state lines into New Mexico where …
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019),
2020
University of New Mexico - School of Law
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez
Natural Resources Journal
No abstract provided.
Symposium Letter,
2020
University of New Mexico - School of Law
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change,
2020
University of New Mexico
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers
Natural Resources Journal
This interview with Andrea Rodgers was produced through written responses to prompts from Ariel MacMillan-Sanchez in April 2020.
