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Complementary Authority And The One-Way Ratchet: Ecosystem Services Property, Regulation, And Wildlife Conservation, Kalyani Robbins 2018 Florida International University College of Law

Complementary Authority And The One-Way Ratchet: Ecosystem Services Property, Regulation, And Wildlife Conservation, Kalyani Robbins

Faculty Publications

Due to the priorities of the Trump Administration, which are not a great match with those of the conservation community, we find ourselves in a period of rollbacks for all kinds of environmental regulation, including the protection of wildlife. When the federal government fails to adequately regulate, we look to other sources of authority to fill that gap. The first and most obvious place to look is to state and local governments. They are our best hope to avoid hemorrhaging vulnerable species during this presidency. Alas, looking at the realities of state wildlife conservation laws, we see the gaps remain. …


Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens 2018 University of Idaho College of Law

Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens

Articles

This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime …


Conservation Easements For Green Urban Spaces, Matthew Olhausen 2018 UC Law SF

Conservation Easements For Green Urban Spaces, Matthew Olhausen

UC Law Environmental Journal

No abstract provided.


Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu 2018 UC Law SF

Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu

UC Law Environmental Journal

No abstract provided.


A Zero-Emissions Future: Whither California?, Paul Cort 2018 UC Law SF

A Zero-Emissions Future: Whither California?, Paul Cort

UC Law Environmental Journal

No abstract provided.


California’S Cap And Trade Extension: How Senate Bill 775 Envisioned A New Path To Reduce Greenhouse Gas Emissions, Bob Wieckowski 2018 UC Law SF

California’S Cap And Trade Extension: How Senate Bill 775 Envisioned A New Path To Reduce Greenhouse Gas Emissions, Bob Wieckowski

UC Law Environmental Journal

No abstract provided.


Contaminated Groundwater As A Resource In California, Kimberly Bick 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, Clark Morrison 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, Ross Middlemiss 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, Olivia Molodanof, Jessica Durney 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, John J. Schatz 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, Abigail Blue 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, Meredyth Merrow 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.


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 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, Sam Magavern, Lynda Schneekloth 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, Brittany E. Barbee 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, Ashley Hardy, Dontan Hart 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, Suma Peesapati 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), Christina Everling 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, Luis E. Rodriguez-Rivera 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.


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