Environmental Law Commons^™

The Place Of Private Property In Land Use Law: A Relational Examination Of Ontario's Quarry Conflicts, Estair Suarez Van Wagner

PhD Dissertations

Land use law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes our relationships not only with the people around us, but with the places we inhabit and encounter. This dissertation examines how land use law structures the relations between people and the more-than-human world to uphold the ownership model of property relations and to privilege particular forms of land use. Through documentary and interview-based qualitative research, it presents an eco-relational examination of one of the most contentious land uses in Ontario aggregate mineral extraction.

The primacy …

Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt

The Business, Entrepreneurship & Tax Law Review

This article examines the Treasury’s 2017 proposals refining Section 170(h). This article assesses the likely effects of the Treasury’s proposals by discussing their impact in four key ways: (1) the new requirements placed on “qualified organizations” who receive conservation easement contributions; (2) donors’ increased substantiation requirements; (3) the exclusion of golf courses from Section 170(h) eligibility; and (4) the pilot conservation easement tax credit program. For each of these, this article will: examine the category’s current Section 170(h) regulatory treatment, if any, outline what the new proposals require, and then walk through the likely effects of these proposals. This article …

Clean Energy Tax Credits: Creating An Energy Welfare State Or Saving The Planet, K. Alex Langley

The Business, Entrepreneurship & Tax Law Review

This article addresses possible tax incentives that may be available in addition to or as an alternative to current tax credits. First, it will provide an overview of America’s ever-evolving energy policy. This section explains why the country’s energy policies resemble a rollercoaster. Second, this article offers a brief history of tax credits, specifically clean energy tax credits and fossil fuel tax credits. Part three describes Master Limited Partnerships (“MLPs”) and Real Estate Investment Trusts (“REITs”), two tax-flavored entity choices used by the oil and gas industry to improve their bottom line. Specifically, part three explores the tax benefits of …

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.

Order Restored? Federal Agencies "Accountable" For Nepa, Esa Violations But Project To Proceed: Examining Pub. Emps. For Envtl. Responsibility V. Hopper, Nicole. S. Haiem

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Delta Constr. Co., Inc. V. Epa: Putting The Brakes On Challenges To Unfair Agency Regulation Of Greenhouse Gas Emissions And Fuel Economy In Light-Duty And Heavy-Duty Vehicles, Sabrina A. Peterman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Zone Defense: How Zoning Laws Won In Tri-County Landfill, Inc. V. Commonwealth, Christyan A. Telech

Villanova Environmental Law Journal (1991 - )

No abstract provided.

United States V. Citgo Petroleum Corp.: The Fifth Circuit "Takes" Oil Refinery Off The Hook For Unintentional Migratory Bird Deaths, Christopher C. Wilcoxson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Complete Analysis Of Carbon Taxation: Considering The Revenue Side, Shi-Ling Hsu

Buffalo Law Review

No abstract provided.

Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

Journal Articles

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long …

Putting The Public On Trial: Can Citizen Science Data Be Used In Litigation And Regulation?, Annie E. Brett

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Hazardous Substance Emitters In Pakootas V. Teck Cominco Metals, Ltd. Are On Cloud Nine: Ninth Circuit Determines That Airborne Emissions Are Not Within The Purview Of Cercla Liability, Holly J. Sofield

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ohio Valley Envtl. Coal, Inc. V. United States Army Corps Of Engineers: Fine Tuning The Scope Of The Corps' Jurisdiction, Mitchell J. Ream

Villanova Environmental Law Journal (1991 - )

No abstract provided.

China’S Evolving Approach To Environmental And Labour Provisions In Regional Trade Agreements, Henry S. Gao

Research Collection Yong Pung How School Of Law

In this article, the author reviews China’s experience with environmental and labour provisions by looking at its regional trade agreements, especially in terms of the evolution of the Chinese position. It concludes with a projection of how China’s approaches to such provisions might further develop in the future.

Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson

Sea Grant Law Fellow Publications

This study reviews the legal requirements governing design and construction of a proposed universally-accessible fishing pier located at the Rhode Island Veterans’ Home in Bristol, Rhode Island. The pier would provide veterans and other members of the public with accessible recreational fishing opportunities. However, federal, state, and local approvals will be required before the project can move forward. This study provides an overview of required permitting and approvals by the Coastal Resources Management Council (CRMC), Town of Bristol, and U.S. Army Corps of Engineers (USACE). In addition, it considers the role of the Rhode Island Department of Environmental Management (RIDEM) …

V.1 Special Edition

Conservation Law Center Newsletter

No abstract provided.

Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman

Contributions to Books

Published as chapter 3 in Gene Editing, Law, and the Environment, Irus Braverman, ed.

Synthetic gene drives raise ethical, ecological, and legal questions that are sometimes difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but the genetics of entire populations and species are currently both under-regulated and under-theorized. In place of state regulations, what seems to be emerging is a form of self-regulation by the gene drive scientists themselves. My chapter draws on in-depth interviews with several prominent gene drive scientists to explore their approach toward nature, …

Statement Of Amanda C. Leiter At The U.S. House Committee On Natural Resources, Subcommittee On Oversight And Investigations Hearing On: Examining Impacts Of Federal Natural Resources Laws Gone Astray, Part Ii, Amanda Leiter

Legislative Testimony & Comments

More information available: http://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=106263

U.S. House Committee On Natural Resources, Subcommittee On Oversight And Investigations Hearing On: Examining Impacts Of Federal Natural Resources Laws Gone Astray, Part Ii, Amanda Leiter

Legislative Testimony & Comments

Video of Hearing: https://perma.cc/M57S-HWG8

V.1 No.7

Conservation Law Center Newsletter

No abstract provided.