This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla,
2019
Washington and Lee University School of Law
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
Unforced Errors, Legal Fulcrum & International Climate,
2019
Suffolk University Law School
Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey
Minnesota Journal of Law, Science & Technology
No abstract provided.
Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?",
2019
University of Maine School of Law
Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello
Ocean and Coastal Law Journal
The ocean offers what may seem like endless supply of natural resources, ecosystem services, or for some, simple enjoyment. Yet, in the face of climate change and overexploitation, many of these unique ecosystems and their inhabitants face an uphill battle. A president's use of the Antiquities Act establishing a national monument is an efficient and effective method of protecting these diverse ecosystems, as long as the area to be protected satisfies one of the Act's limitations that the monument be "situated on land owned or controlled by the federal government." Prior to a 2017 lawsuit concerning President Obama's use of …
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd.,
2019
University of Maine School of Law
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten
Ocean and Coastal Law Journal
In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and the …
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources,
2019
University of Maine School of Law
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan
Ocean and Coastal Law Journal
While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean …
Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages,
2019
University of Maine School of Law
Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph
Ocean and Coastal Law Journal
This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 interviews …
Cost-Nothing Analysis: Environmental Economics In The
Age Of Trump,
2019
University of Colorado Law School
Cost-Nothing Analysis: Environmental Economics In The Age Of Trump, Lisa Heinzerling
Colorado Environmental Law Journal
No abstract provided.
In Atmosphere We Trust: Atmospheric Trust Litigation And
The Environmental Advocate's Toolkit,
2019
University of Colorado Law School
In Atmosphere We Trust: Atmospheric Trust Litigation And The Environmental Advocate's Toolkit, Jenna Lewis
Colorado Environmental Law Journal
No abstract provided.
Still Melting: How Climate Change And Subsistence Laws
Constrain Alaska Native Village Adaptation,
2019
University of Colorado Law School
Still Melting: How Climate Change And Subsistence Laws Constrain Alaska Native Village Adaptation, E. Barrett Ristroph
Colorado Environmental Law Journal
No abstract provided.
Fluid Standing: Incorporating The Indigenous Rights Of
Nature Concept Into Collaborative Management Of The
Colorado River Ecosystem,
2019
University of Colorado Law School
Fluid Standing: Incorporating The Indigenous Rights Of Nature Concept Into Collaborative Management Of The Colorado River Ecosystem, Meredith N. Healey
Colorado Environmental Law Journal
No abstract provided.
Financial Assurance For Hardrock Mining: Epa And Cercla,
2019
Notre Dame Law School
Financial Assurance For Hardrock Mining: Epa And Cercla, Braden Murphy
Notre Dame Law Review
Hardrock mining operators are required to perform reclamation activities, primarily as a matter of state law. To ensure funds will be available to perform reclamation in the event an operator defaults on its obligations and declares bankruptcy, financial assurance requirements have emerged. Apart from limited federal regulations (which govern only federal lands), state laws and regulations comprise the universe of financial assurance requirements. In several cases, existing requirements have proven grossly insufficient, and taxpayers have been forced to bear cleanup costs. Many congressional bills have emerged in the past three decades to establish comprehensive federal legislation for hardrock mining and …
A Prophecy Misread That Could Have Been: Regulatory Adjudications And A Weakening Of The Environmental Rights Amendment In Logan V. Department Of Environmental Protection,
2019
Villanova University Charles Widger School of Law
A Prophecy Misread That Could Have Been: Regulatory Adjudications And A Weakening Of The Environmental Rights Amendment In Logan V. Department Of Environmental Protection, Alexander N. Palmer
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The 2018 Farm Bill: Legislative Compromise In The Trump Era,
2019
Florida State University
The 2018 Farm Bill: Legislative Compromise In The Trump Era, Chad G. Marzen
Fordham Environmental Law Review
No abstract provided.
Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning,
2019
S.J. Quinney College of Law, University of Utah
Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig
Utah Law Faculty Scholarship
Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a …
New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene,
2019
S.J. Quinney College of Law, University of Utah
New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene, Robin Kundis Craig
Utah Law Faculty Scholarship
The United Nations 17 sustainable development goals are nominally unprioritized. However, numerically and rhetorically, the list effectively makes development goals more important than the environmental goals. This de facto prioritization, however, is deeply flawed in two respects. First, as early sustainable development theorists acknowledged, the environment is the boundary of, not co-equal to, development, constraining potential progress both economically and socially. The Anthropocene’s rapidly accelerating deterioration of the global ecological and physical processes that make human development possible will ultimately constrain development options and potential. Second, human priorities will also change dramatically as adaptation to climate change — the most …
Dealing With Climate Change Under The National Environmental Policy Act,
2019
S.J. Quinney College of Law, University of Utah
Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
The National Environmental Policy Act (NEPA) was an important environmental law for several decades before climate change became an issue of concern. Beginning in the 1990s efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality. However, implementation at the agency level has been uneven. Some Federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not been …
The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?,
2019
John Marshall Law School
The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?, Anastacia Greene
Fordham Environmental Law Review
No abstract provided.
Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks,
2019
University of Miami School of Law
Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, Christina Libre
Articles
No abstract provided.
Modelling For Sustainable Development: New Decisions For A New Age,
2019
International Institute for Sustainable Development
Modelling For Sustainable Development: New Decisions For A New Age, Andrea M. Bassi, Liesbeth Casier, David Laborde, Max Linsen, David Manley, Nicolas Maennling, Howard Mann, Morten Siersted, Carin Smaller, Iain Steele, David Uzsoki, Johnny West
Columbia Center on Sustainable Investment Books
This book outlines how next-generation models need to integrate social and environmental components in government and corporate decision-making. Traditionally, these models have focused on profits and taxes, but to achieve the UN’s Sustainable Development Goals, they need to take a more holistic view. The book builds on the expanding practices of modelling complex decision making requirements and indicators. It considers the challenges of decision making in the face of incomplete and sometimes inaccurate information, the role of multiple stakeholders, and the capacity of governments and others to use models effectively.
Takings Implications Of Offshore Wind Energy Development,
2019
Rhode Island Sea Grant Law Fellow
Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter
Sea Grant Law Fellow Publications
This study reviews the potential takings liability associated with government development of wind turbine projects in offshore areas. It begins by introducing the development of the offshore wind industry in the U.S. and the benefits and potential impacts associated with this industry. Section 2 explains and evaluates potential takings claims under each of four theories: (1) direct appropriation or physical invasion; (2) categorical takings; (3) partial takings; and (4) nuisance takings. Section 3 concludes.
