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Fluid Standing: Incorporating The Indigenous Rights Of Nature Concept Into Collaborative Management Of The Colorado River Ecosystem, Meredith N. Healey 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, Braden Murphy 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, Alexander N. Palmer 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, Chad G. Marzen 2019 Florida State University

The 2018 Farm Bill: Legislative Compromise In The Trump Era, Chad G. Marzen

Fordham Environmental Law Review

No abstract provided.


Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr. 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?, Anastacia Greene 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.


Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa 2019 University of New Mexico - School of Law

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did …


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 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.


Table Of Contents, Colorado Environmental Law Journal 2019 University of Colorado Law School

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.


Giving Biojet Wings: Policy Instruments For A Carbon Neutral Aviation Sector, Harri Kalimo, Olof Soebech, Leanor Reyes Mateo, Filip Sedefov 2019 University of Colorado Law School

Giving Biojet Wings: Policy Instruments For A Carbon Neutral Aviation Sector, Harri Kalimo, Olof Soebech, Leanor Reyes Mateo, Filip Sedefov

Colorado Environmental Law Journal

No abstract provided.


An Alternative To The Absolute Bar Effect Of Statutes Of Repose, Omeed Azmoudeh 2019 University of Colorado Law School

An Alternative To The Absolute Bar Effect Of Statutes Of Repose, Omeed Azmoudeh

Colorado Environmental Law Journal

No abstract provided.


Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School of Law, Jourdan Thompson, Read Porter 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.


Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett 2019 Villanova University Charles Widger School of Law

Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan 2019 Villanova University Charles Widger School of Law

Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Merriam-Webster's Unexpected Impact On The Environment: An Anlysis Of Justice Kavanaugh's Mexichem Fluor, Inc. V. Epa, Christina Rossetti 2019 Villanova University Charles Widger School of Law

Merriam-Webster's Unexpected Impact On The Environment: An Anlysis Of Justice Kavanaugh's Mexichem Fluor, Inc. V. Epa, Christina Rossetti

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White 2019 Villanova University Charles Widger School of Law

Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig 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, Robin Kundis Craig 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 …


Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, Christina Libre 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.


When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth 2019 Cleveland-Marshall College of Law

When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth

Cleveland State Law Review

The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens and …


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