Contaminated Groundwater As A Resource In California,
2018
UC Law SF
Contaminated Groundwater As A Resource In California, Kimberly Bick
UC Law Environmental Journal
No abstract provided.
California’S Response To The Trumpian Rollback Of Wetland Protections Under The Clean Water Act,
2018
UC Law SF
California’S Response To The Trumpian Rollback Of Wetland Protections Under The Clean Water Act, Clark Morrison
UC Law Environmental Journal
No abstract provided.
H.R. 23: An Assault On Water Resource Conservation And California’S State Sovereignty,
2018
UC Law SF
H.R. 23: An Assault On Water Resource Conservation And California’S State Sovereignty, Ross Middlemiss
UC Law Environmental Journal
No abstract provided.
Hope Is A Song In A Weary Throat: An Interview With Julia Olson,
2018
UC Law SF
Hope Is A Song In A Weary Throat: An Interview With Julia Olson, Olivia Molodanof, Jessica Durney
UC Law Environmental Journal
No abstract provided.
Funding A Right To Clean Water: The Financial Challenges Of Ab 685,
2018
UC Law SF
Funding A Right To Clean Water: The Financial Challenges Of Ab 685, John J. Schatz
UC Law Environmental Journal
No abstract provided.
Colonial Fences Make Contentious Neighbors: Policy, Law, And Climate Refugees In India,
2018
UC Law SF
Colonial Fences Make Contentious Neighbors: Policy, Law, And Climate Refugees In India, Abigail Blue
UC Law Environmental Journal
No abstract provided.
Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit,
2018
UC Law SF
Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit, Meredyth Merrow
UC Law Environmental Journal
No abstract provided.
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal,
2018
University of New Mexico - School of Law
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph A. Schremmer, Charles C. Steincamp
Faculty Scholarship
This Article argues that the Commission's legitimate interest in enforcing its oil and gas regulations, especially including well-plugging regulations, does not justify absolute imputation of regulatory liability to third-party operators under Kan. Stat. Ann. § 55-155(c)(4). But, under certain circumstances, the state's interest may justify imputing personal liability on the individual constituents of a license applicant where the individual is culpable for the underlying regulatory violation or the applicant has a business connection with the operator primarily responsible for the violation, and the competing public policies of groundwater protection and limited liability justify the imputation. This Article proposes a procedural …
Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants,
2018
University at Buffalo School of Law
Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants, Anemoone Soete
Buffalo Environmental Law Journal
One unmistakable and indisputable consequence of Climate Change is found in the realm of oceans. Sea-levels are currently rising at a pace unknown to mankind and as a consequence island states are destined to lose habitable land territory. Whereas some may lose parts, others will lose all of it in the current business as usual scenario. This reality first begs the question as to whether an island state will continue to be a state once bereft of a territorial basis. Secondly, it must be considered how islanders might retain legal personality should this is no longer be possible through the …
The Climate Justice Movement In Western New York,
2018
University at Buffalo School of Law
The Climate Justice Movement In Western New York, Sam Magavern, Lynda Schneekloth
Buffalo Environmental Law Journal
No abstract provided.
To Kill A Migratory Bird: How Incidental Takes By Commercial Industry Activity Should Be Regulated By A New Civil Penalty Regime, Not The Current Mbta,
2018
Mississippi Law Journal
To Kill A Migratory Bird: How Incidental Takes By Commercial Industry Activity Should Be Regulated By A New Civil Penalty Regime, Not The Current Mbta, Brittany E. Barbee
Buffalo Environmental Law Journal
Migratory birds are at odds with commercial industries in the United States. Industries are occasionally and accidentally killing migratory birds through their legal activity. Such actions against migratory birds are known as incidental takes. While the century-old Migratory Bird Treaty Act (MBTA) prohibits the taking of migratory birds, it is unclear as to whether it prohibits these modern-day incidental takes. The MBTA imposes criminal strict liability on those who violate its prohibitions, regardless of one's mental state at the time of the incident. Should the federal government hold commercial industries criminally liable for incidentally taking migratory birds through otherwise legal …
Policy Meltdown: How Climate Change Is Driving Excessive Nuclear Energy Investment,
2018
Arizona State University Sandra Day O'Connor College of Law (Student)
Policy Meltdown: How Climate Change Is Driving Excessive Nuclear Energy Investment, Ashley Hardy, Dontan Hart
Buffalo Environmental Law Journal
The United States is currently experiencing what some have labeled a nuclear energy renaissance. This so-called renaissance responds in part to growing concerns about global warming and the need to reduce the greenhouse gas emissions associated with electricity production. A growing number of policymakers and scholars view nuclear energy development as one of the most promising means of slowing climate change because nuclear energy does not produce greenhouse gas emissions. They are increasingly advocating that nuclear energy receive policy treatment at least as favorable as that afforded to renewable energy strategies such as wind and solar energy. Some state governments …
California’S Next Environmental Frontier: Climate Justice Leadership,
2018
UC Law SF
California’S Next Environmental Frontier: Climate Justice Leadership, Suma Peesapati
UC Law Environmental Journal
No abstract provided.
Chasing Results From The Chasing Arrows: Strategies For The United States To Stop Wasting Time And Resources When It Comes To Recycling, 52 Uic J. Marshall L. Rev. 147 (2018),
2018
UIC School of Law
Chasing Results From The Chasing Arrows: Strategies For The United States To Stop Wasting Time And Resources When It Comes To Recycling, 52 Uic J. Marshall L. Rev. 147 (2018), Christina Everling
UIC Law Review
The United States is a leader when it comes to creating waste, but not when it comes to disposing of that waste in environmentally conscious ways, such as through recycling. While other countries boast recycling rates over 60 percent, the United States’ recycling rate is an unimpressive 25 percent. Even amidst a “zero waste” movement, there are few national efforts to increase our recycling rate. Some state and local communities have picked up the slack, implementing a variety of strategies to boost their recycling output and reduce waste. These initiatives, such as automatic curbside recycling, landfill bans, mandatory recycling, container …
The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters,
2018
University of Puerto Rico School of Law
The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera
American University International Law Review
No abstract provided.
Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels,
2018
Barry University
Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Board Rooms And Jail Cells- Assessing Ngo Approaches To Private Environmental Governance,
2018
Elisabeth Haub School of Law at Pace University
Board Rooms And Jail Cells- Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Staff of the Nature Conservancy often find themselves in corporate board rooms. Staff of Greenpeace often find themselves in jail cells. The Nature Conservancy (TNC) prides itself on its non-confrontational, collaborative deal making, partnering closely with corporations like chemical giant Dow and agricultural lightning rod Monsanto. Both Dow and Monsanto, in fact, are members of TNC’s Business Council along with the likes of BP, Shell, and Cargill. Greenpeace, on the other hand, prides itself on direct action, civil disobedience, and non-violent confrontation. Greenpeace has launched combative operations against Dow, Monsanto, and other TNC collaborators. While business partners praise TNC’s cooperative …
The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits,
2018
Elisabeth Haub School of Law at Pace University
The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on cost-benefit analysis. This regressive effect occurs as long as downwind communities that suffer health and harms from environmental contamination are generally less wealthy than the owners of pollution sources that avoid regulatory-compliance costs. The availability of compensation to pollution-victims has the potential to ameliorate this regressive effect. This Article recommends that the availability of …
Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc,
2018
Elisabeth Haub School of Law at Pace University
Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article describes strategies that local governments are employing to both mitigate and adapt to climate change, using their state-given powers to plan community development and to regulate private building. Local governments have significant legal authority to shape human settlements and, in so doing, lower CO2 emissions from buildings and vehicles, increase the sequestration of carbon by the natural environment, and promote distributed energy systems and renewable energy facilities that lower fossil fuel consumption. Local elected leaders are highly motivated to avoid the on-the-ground consequences of our changing climate. The effects of climate change manifest themselves at the local level, …
Crafting Next Generation Eco-Label Policy,
2018
Elisabeth Haub School of Law at Pace University
Crafting Next Generation Eco-Label Policy, Jason J. Czarnezki, Katrina F. Kuh
Elisabeth Haub School of Law Faculty Publications
Eco-labels present a promising policy tool in the effort to achieve sustainable consumption. Many questions remain, however, about the extent to which eco-labels can contribute to sustainability efforts and how to maximize their effectiveness. This Article deploys research from evolutionary psychology, behavioral law and economics, and norm theory to offer specific insights for the design and implementation of eco-labels to enhance their influence on sustainable consumer choice. Notably, this research suggests possibilities for eco-labels to shape or expand consumer preferences for green goods, and thereby enhance eco-label influence on consumer behavior by extending it beyond eco-minded consumers. We suggest that …
