Citizen Scientists, Data Transparency, And The Mining Industry,
2017
Boston University School of Law
Citizen Scientists, Data Transparency, And The Mining Industry, Madison Condon
Faculty Scholarship
What happens when a community feels that the standards imposed by state and federal laws are insufficient to protect its health and environment? Or when the responsible government agencies lack the funding, competency, or political will for full enforcement of the law? One of the greatest hurdles facing citizen environmental advocates in these situations is a lack of access to environmental monitoring data. All routes available for policing industry—whether it be rallying community support for protest, petitioning a government agency for enforcement action, or bringing a citizen suit—require, as a first step, an understanding of whether and what pollution has …
Center For Biological Diversity V. Jewell,
2017
Alexander Blewett III School of Law at the University of Montana
Center For Biological Diversity V. Jewell, Lowell J. Chandler
Public Land & Resources Law Review
The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …
Save Our Cabinets V. U. S. Fish & Wildlife Service,
2017
Alexander Blewett III School of Law at the University of Montana
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Public Land & Resources Law Review
No abstract provided.
Fracturing Misconceptions: A History Of Effective State Regulation, Groundwater Protection, And The Ill-Conceived Frac Act,
2017
University of Oklahoma College of Law
Fracturing Misconceptions: A History Of Effective State Regulation, Groundwater Protection, And The Ill-Conceived Frac Act, Wes Deweese
Oklahoma Journal of Law and Technology
No abstract provided.
Whatcom County V. Hirst, Et Al,
2017
Alexander Blewett III School of Law at the University of Montana
Whatcom County V. Hirst, Et Al, Stephanie A. George
Public Land & Resources Law Review
Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.
V.1 No. 9,
2017
Maurer School of Law: Indiana University
Pain In The Ash? Epa's Proposed Regulation Of Fly Ash And The Impending Economic Threat To Sustainable Concrete,
2017
University of Oklahoma College of Law
Pain In The Ash? Epa's Proposed Regulation Of Fly Ash And The Impending Economic Threat To Sustainable Concrete, Briana Novian
Oklahoma Journal of Law and Technology
No abstract provided.
Rethinking Force Majeure In Public International Law,
2017
University of South Dakota School of Law
Rethinking Force Majeure In Public International Law, Myanna Dellinger
Pace Law Review
Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around the world, ranging from the obvious damage caused by hurricanes, floods, extreme rainfall, prolonged droughts, wildfires and a host of other weather-related issues to the perhaps less obvious such as physical and mental illnesses, “civil unrest, riots, mass migrations and perhaps wars caused by water …
Energy Conservation Grants Under The National Energy Conservation Policy Act Of 1978,
2017
St. John's University School of Law
Energy Conservation Grants Under The National Energy Conservation Policy Act Of 1978, Gerald C. Tobin, Reuben & Proctor, Chicago, Illinois
The Catholic Lawyer
No abstract provided.
The Deepwater Horizon Oil Spill: A Review Of The Historic Civil And Criminal Liabilities, And Resulting Funding Streams, From America’S Worst Environmental Catastrophe,
2017
Texas A&M University School of Law
The Deepwater Horizon Oil Spill: A Review Of The Historic Civil And Criminal Liabilities, And Resulting Funding Streams, From America’S Worst Environmental Catastrophe, Stephen L. Tatum, Henrik Strand
Student Scholarship
This article provides a concise review of the major parties involved in the accident, the cases and settlements that produced the historic penalties and fines, and the major funding streams through which those penalties and fines are administered.
Not All Land Exchanges Are Created Equal: A Case Study
Of The Oak Flat Land Exchange,
2017
University of Colorado Law School
Not All Land Exchanges Are Created Equal: A Case Study Of The Oak Flat Land Exchange, Katharine E. Lovett
Colorado Environmental Law Journal
No abstract provided.
Table Of Contents,
2017
University of Colorado Law School
Table Of Contents, Colorado Natural Resources, Energy & Environmental Law Review
Colorado Environmental Law Journal
No abstract provided.
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh
Nevada Law Journal
No abstract provided.
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature,
2017
Elisabeth Haub School of Law at Pace University
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.
Peace Like A River: Institutionalizing Cooperation Over
Water Resources In The Jordan River Basin,
2017
University of Colorado Law School
Peace Like A River: Institutionalizing Cooperation Over Water Resources In The Jordan River Basin, Philip A. Williams
Colorado Environmental Law Journal
No abstract provided.
Collateral Damage: The Gun Debate Moves Into America's
National Parks,
2017
University of Colorado Law School
Collateral Damage: The Gun Debate Moves Into America's National Parks, Clare E.M. Mack
Colorado Environmental Law Journal
No abstract provided.
Bleached! The Catastrophe Management Of Corals,
2017
University at Buffalo School of Law
Bleached! The Catastrophe Management Of Corals, Irus Braverman
Journal Articles
Corals have recently emerged as both a sign and a measure of the imminent catastrophic future of life on earth and, as such, have become the focus of intense conservation management. Bleached! draws on in-depth interviews and participatory observations with coral scientists and managers to explore the management of the corals’ ecological catastrophe to come. The article starts by describing the unique life of corals, the importance of calculability in catastrophe management, and the coral scientists’ preoccupation with classifying, counting, and seeing in their attempt to comprehensibly monitor corals and anticipate their decline. Algorithmic models and elaborate temporal analyses are …
Tourism Business Resilience For Coastal Virginia Assessment Report,
2017
William & Mary Law School
Tourism Business Resilience For Coastal Virginia Assessment Report, Lindsay Usher, Michelle Covi, Juita-Elena Yusuf, Kaitlin Giles, Elizabeth Armistead Andrews, Angela King, Sashenka Brauer, Rebecca Ribley
Virginia Coastal Policy Center
This report summarizes the results of the Tourism Business Resilience Project conducted by the Commonwealth Center for Recurrent Flooding Resiliency and Virginia Sea Grant. This project was a joint effort by faculty and students from the Old Dominion University Resilience Collaborative and the Virginia Coastal Policy Center at the William & Mary Law School.
Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America,
2017
Seattle University School of Law
Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney
Seattle Journal of Environmental Law
Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.
Of Mines And Men: Toward A Foundational Theory Of The Rise, Evolution And Decay Of Property,
2017
Yale Law School
Of Mines And Men: Toward A Foundational Theory Of The Rise, Evolution And Decay Of Property, Guillermo Arribas Irazola
Seattle Journal of Environmental Law
Why and how is property created? Through a historical analysis, this paper proposes that property is created not out of ideology, but by chance. Depending on the resources encountered by newcomers, a rising civilization will establish property through a centralized controlling government (a top-down system) or through people’s recognized possession (a bottom-up or Lockean system). In the former, the government will create and allocate property at its own discretion, while in the latter, the government will recognize and provide protection for the property of individuals.
When the Spaniards conquered Peru in the 1528, they found immense amounts of gold and …
