Natural Resources And Natural Law Part I: Prior Appropriation,
2018
S.J. Quinney College of Law, University of Utah
Natural Resources And Natural Law Part I: Prior Appropriation, Robert W. Adler
Utah Law Faculty Scholarship
In recent years there has been a resurgence of civil disobedience over public land policy in the West, sometimes characterized by armed confrontations between ranchers and federal officials. This trend reflects renewed assertions that applicable positive law violates the natural rights (sometimes of purportedly divine origin) of ranchers and other land users, particularly under the prior appropriation doctrine and grounded in Lockean theories of property. At the same time, Native Americans and environmental activists on the opposite side of the political-environmental spectrum have also relied on civil disobedience to assert natural rights to a healthy environment, based on public trust …
Are We Out Of The Woods Yet? Arctic Leasing Reform In The Trump Administration,
2018
Seattle University School of Law
Are We Out Of The Woods Yet? Arctic Leasing Reform In The Trump Administration, Jonathan Schirmer
Seattle University Law Review
This Note examines the main statutes governing the Outer Continental Shelf (OCS) leasing process, including their interpretation by the courts. The interests of affected states and indigenous people, as well as how courts have minimized these voices will be explored, focusing on the state of Alaska. Finally, this Note argues for statutory reform as well as a change in the leasing process to increase state and indigenous participation.
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement,
2018
American University Washington College of Law
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian
Sustainable Development Law & Policy
No abstract provided.
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals,
2018
American University, Washington College of Law
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook
Sustainable Development Law & Policy
No abstract provided.
The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development,
2018
American University, Washington College of Law
The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development, Alexandra C. Nolan
Sustainable Development Law & Policy
No abstract provided.
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators,
2018
American University, Washington College of Law
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
Sustainable Development Law & Policy
No abstract provided.
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected,
2018
American University Washington College of Law
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Sustainable Development Law & Policy
No abstract provided.
Anthropogenic Noise And The Endangered Species Act,
2018
American University, Washington College of Law
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Sustainable Development Law & Policy
No abstract provided.
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry,
2018
Lewis & Clark Law School
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry, Kathy Hessler, Rebecca Jenkins, Kelly Levenda
Sustainable Development Law & Policy
No abstract provided.
The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices,
2018
American University Washington College of Law
The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
Sustainable Development Law & Policy
Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.
Cafos: Plaguing North Carolina Communities Of Color,
2018
American University Washington College of Law
Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2018
American University Washington College of Law
Editor's Note,
2018
American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Relative Administrability, Conservatives, And Environmental Regulatory Reform,
2018
Samford University Cumberland School of Law
Relative Administrability, Conservatives, And Environmental Regulatory Reform, Blake Hudson
Florida Law Review
Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies addressing the subject matter of federal regulation. This Article argues that greater use of geographic-delineation policies at the state and local level offers an important opportunity to reduce the size, scope, and cost of the federal environmental bureaucracy, while at the same time achieving the environmental gains sought by the staunchest supporters …
Policing Federal Supremacy: Preemption And Common Law Damage Claims As A Ceiling Regulatory Floor,
2018
University of Wyoming College of Law
Policing Federal Supremacy: Preemption And Common Law Damage Claims As A Ceiling Regulatory Floor, Sam Kalen
Florida Law Review
This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act intended to preempt state common law claims for nuisance. Neither those who advance robustly deploying the common law to arrest air emissions nor, conversely, those who claim that common law suits would disrupt the air regulatory program appreciate the dynamic that occurred when Congress confronted the Nation’s air pollution problem and crafted the first modern U.S. environmental laws. Yet that dynamic is essential to understanding the Clean Air Act’s “citizen suit” provision and Congress’s decision to preserve certain state common law claims. This Article explains …
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation,
2018
University of Jerusalem
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez
Indiana Journal of Global Legal Studies
Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A fivecategory typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise …
Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution,
2018
William & Mary Law School
Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff
William & Mary Environmental Law and Policy Review
No abstract provided.
Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles,
2018
William & Mary Law School
Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez
William & Mary Environmental Law and Policy Review
In 2015, the City of Los Angeles adopted the controversial Mobility Plan 2035. The Plan restructures city transportation planning by emphasizing alternatives to cars for the next twenty years. Predictably, bike lanes became its most polemic aspect. The Plan envisions dramatic increases in bike lanes throughout car-obsessed Los Angeles. This bike lane increase was challenged in court, with objectors claiming that eliminating car lanes would increase congestion and compromise air quality. These arguments are ironic, since environmental justifications typically motivate bike projects.
The Mobility Plan illustrates how law supports and challenges bike lane projects. This Article argues that although this …
Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector,
2018
William & Mary Law School
Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy
William & Mary Environmental Law and Policy Review
No abstract provided.
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law,
2018
William & Mary Law School
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel
William & Mary Environmental Law and Policy Review
No abstract provided.
