An Introduction To The Student Pieces,
2018
UC Law SF
An Introduction To The Student Pieces, Hadar Aviram, David Takacs
UC Law Environmental Journal
No abstract provided.
Accountability For Pesticide Poisoning Of Undocumented Farmworkers,
2018
UC Law SF
Accountability For Pesticide Poisoning Of Undocumented Farmworkers, Elizabeth Lincoln
UC Law Environmental Journal
No abstract provided.
Crafting A Standard: Environmental Crimes As Crimes Against Humanity Under The International
Criminal Court,
2018
UC Law SF
Crafting A Standard: Environmental Crimes As Crimes Against Humanity Under The International Criminal Court, Jessica Durney
UC Law Environmental Journal
No abstract provided.
Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?,
2018
S.J. Quinney College of Law, University of Utah
Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig
Utah Law Faculty Scholarship
The National Flood Insurance Program (NFIP) has become a coastal hurricane insurance program—a fact that is bankrupting it. As a result of climate change, the ocean surrounding the United States is both rising and becoming warmer, and hurricanes and other coastal storms are projected to become both more frequent and more destructive. While no particular hurricane can yet be blamed exclusively on climate change, these projections nevertheless have real implications for the future of the NFIP.
In 2017, Congress was gearing up to reauthorize the NFIP just as the United States entered its worst hurricane season in over a decade. …
Peddling Ignorance: A New Falsity Standard For Scientific Knowledge Fraud Cases,
2018
Barry University
Peddling Ignorance: A New Falsity Standard For Scientific Knowledge Fraud Cases, Wes Henricksen
Faculty Scholarship
No abstract provided.
The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump, Bret C. Birdsong
Scholarly Works
This essay reviews two habitat conservation and planning initiatives undertaken by the Obama administration that relied on and envisioned extraordinary cooperation between the federal and state governments in order to overcome, or at least lessen, the disruptive impacts of jurisdictional lines on effective and comprehensive habitat conservation. These initiatives are the Desert Renewable Energy Conservation Plan (DRECP) in California and the sage grouse conservation planning effort across eleven western states. Both initiatives embraced the common sense goal of coordinating development and conservation management across jurisdictional boundaries. In both initiatives, however, cooperation was motivated and sustained by specific legal and policy …
Holding The Harmful Harmless: Lessons From Gold King Mine,
2018
University of Colorado Law School
Holding The Harmful Harmless: Lessons From Gold King Mine, Timbre Shriver
University of Colorado Law Review
The disaster at Love Canal focused the nation's attention on hazardous waste sites left behind by years of corporate recklessness and mismanagement. To fill the regulatory gap and prevent future incidents like Love Canal, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The statute not only empowers the EPA to retroactively hold parties responsible for the mismanagement of hazardous waste, but it also provides a funding mechanism-Superfund-to ensure that the most dangerous sites are cleaned up even when responsible parties cannot be found or, more likely, are insolvent. However, an often-overlooked provision in the CERCLA framework grants …
Indigenous Rights To Water & Environmental Protection,
2018
University of Washington School of Law
Indigenous Rights To Water & Environmental Protection, Robert T. Anderson
Articles
This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part …
Using Drones To Fight Slavery In The Fields: An Examination Of The Practicality And Constitutionalityof Applying 21st Century Technology To A 21st Century Problem, Claire Wilkens
UC Law Environmental Journal
No abstract provided.
Compacts Of Free Association-Type Agreements: A Life Preserver For Small Island Sovereignty In An
Era Of Climate Change?,
2018
UC Law SF
Compacts Of Free Association-Type Agreements: A Life Preserver For Small Island Sovereignty In An Era Of Climate Change?, Philip G. Dabbagh
UC Law Environmental Journal
No abstract provided.
The Comparative Institutions Approach To Wildlife Governance,
2018
Indiana University
The Comparative Institutions Approach To Wildlife Governance, Dean Lueck
Texas A&M Law Review
This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses—most …
Regulatory Fracture Plugging: Managing Risks To Water From Shale Development,
2018
Antonin Scalia Law School at George Mason University
Regulatory Fracture Plugging: Managing Risks To Water From Shale Development, Caroline Cecot
Texas A&M Law Review
Debates about the desirability of widespread shale development have highlighted outstanding uncertainty about its health, safety, and environmental impacts—most prominently, its water-contamination risks—and the ability of current institutions to deal with these impacts. States, the primary regulators of oil and gas extraction, face pressure from the energy industry, local communities, and, in some cases, the federal government to strike the right balance between energy production and the health and safety of individuals and the environment—an elusive balance given the ongoing risk uncertainty. This dynamic is not especially unique to fracking, or even oil and gas extraction; instead, this dynamic, characterized …
The Social Cost Of Carbon, Greenhouse Gas Policies, And Politicized Benefit/Cost Analysis,
2018
American Enterprise Institute
The Social Cost Of Carbon, Greenhouse Gas Policies, And Politicized Benefit/Cost Analysis, Benjamin Zycher
Texas A&M Law Review
Benefit/cost analysis can be a powerful tool for examination of proposed (or alternative) public policies, but, unsurprisingly, decisionmakers’ policy preferences can drive the analysis, rather than the reverse. That is the reality with respect to the Obama Administration computation of the social cost of carbon, a crucial parameter underlying the quantitative analysis of its proposed climate policies, now being reversed in substantial part by the Trump Administration. The Obama analysis of the social cost of carbon suffered from four central problems: the use of global benefits in the benefit/cost calculation, the failure to apply a 7% discount rate as required …
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?,
2018
S.J. Quinney College of Law, University of Utah
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig
Texas A&M Law Review
Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become too expensive …
Carrots And Sticks In Private Climate Governance,
2018
Vanderbilt University
Carrots And Sticks In Private Climate Governance, Jonathan Gilligan
Texas A&M Law Review
When public governance fails to address important environmental threats— such as climate change—private governance by firms, not-for-profits, individuals, and households can produce significant reductions in greenhouse gas emissions. Private governance can take the form of either a carrot or a stick, using incentives or punishments. Shareholder activism as a form of private governance of corporations has largely been confrontational, leading most climate-related actions to fail. This Article examines the potential for private governance to take a more collaborative approach and to frame shareholder engagement with management in terms of opportunity. It also examines private governance successes at reducing household emissions …
Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species,
2018
Texas A&M University School of Law (Student)
Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species, Ashley Graves
Texas A&M Law Review
Currently, the Endangered Species Act is falling short of its potential. Even though the Endangered Species Act has provided protection for endangered and threatened species and helped some species to recover and even thrive, the fact that most listed species’ habitat is on private land remains a hurdle that has not yet been overcome. In fact, the stringent requirements imposed upon private landowners often put endangered and threatened species at risk as some private landowners will use any means possible to stop the government from finding endangered or threatened species on their land. Because of this, the United States Fish …
Agency Coordination Of Private Action: The Role Of Relational Contracting,
2018
Arizona State University at the Tempe Campus
Agency Coordination Of Private Action: The Role Of Relational Contracting, Karen Maire Bradshaw Schulz
Texas A&M Law Review
This Article explores the previously overlooked role of relational contracting in forming and maintaining public-private partnerships. Relational contracting generally describes firms using formal but legally non-binding agreements to collaborate on shared objectives. Why do parties invest in forming elaborate contracts that they do not—and cannot—enforce in court? Contract theory suggests that the very act of contracting is relationship-building; it generates commitment, trust, cooperation, a win-win philosophy, and strengthened communication. Writing down goals and intentions allows parties to clarify expectations while maintaining flexibility for unforeseen conditions. This Article demonstrates that agencies also use relational contracting— creating unenforceable written agreements to build …
Unilateral Steps To End High Seas Fishing,
2018
New York University School of Law
Unilateral Steps To End High Seas Fishing, Katrina M. Wyman
Texas A&M Law Review
In discussions about the overexploitation of the vast oceans that lie beyond national jurisdiction, one bold proposal is to close fishing entirely on the high seas. Existing research suggests that converting the high seas into a giant reserve for fish might increase overall global fish catches by boosting fish catches within the adjoining areas of the oceans under national control. This conversion also might help to protect marine biological diversity, which is particularly important in an era of climate change. This Essay identifies the potential that the United States—a significant importer of high seas fish—might unilaterally take steps to end …
Payments For Ecosystem Services: Past, Present And Future,
2018
UCLA Law School
Payments For Ecosystem Services: Past, Present And Future, James Salzman, Genevieve Bennett, Nathaniel Carroll, Allie Goldstein, Michael Jenkins
Texas A&M Law Review
While we don’t tend to think about it, healthy ecosystems provide a variety of critical benefits. Ecosystem goods, the physical items an ecosystem provides, are obvious. Forests provide timber; coastal marshes provide shellfish. While less visible and generally taken for granted, the services underpinning these goods are equally important. Created by the interactions of living organisms with their environment, ecosystem services provide the conditions and processes that sustain human life.1 If you doubt this, consider how to grow an apple without pollination, pest control, or soil fertility. Once one realizes the importance of ecosystem services, three points quickly emerge: (1) …
From Prohibition To Mandate: The Problem Of Cost In Environmental Regulation,
2018
University of Kentucky
From Prohibition To Mandate: The Problem Of Cost In Environmental Regulation, Cameron Franey
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
