Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?,
2017
University of New Mexico
Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist
Natural Resources Journal
No abstract provided.
Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute,
2017
University of New Mexico
Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton
Natural Resources Journal
No abstract provided.
Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions,
2017
University of New Mexico
Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai
Natural Resources Journal
No abstract provided.
Ecological Economics And Sport Stadium Public Financing,
2017
William & Mary Law School
Ecological Economics And Sport Stadium Public Financing, Christopher M. Mcleod, John T. Holden
William & Mary Environmental Law and Policy Review
Given the recent importance that sport organizations, academics, and the public have placed on environmental sustainability this Article introduces the study of ecological economics—founded upon Nicholas Georgescu-Roegen’s application of thermodynamics to economics—to legal perspectives on public financing. The authors argue that the economic growth limits implied by thermodynamic principles should be incorporated in the public financing of sport stadiums. More specifically, municipalities can require facilities receiving public financing to produce environmental cost accounting reports and to make them publically available.
Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency,
2017
William & Mary Law School
Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez
William & Mary Environmental Law and Policy Review
No abstract provided.
The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols,
2017
William & Mary Law School
The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser
William & Mary Environmental Law and Policy Review
No abstract provided.
Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market,
2017
William & Mary Law School
Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg
William & Mary Environmental Law and Policy Review
No abstract provided.
Follow The Leader: Eliminating Perverse Global Fishing Subsidies Through Unilateral Domestic Trade Measures,
2017
University of Maine School of Law
Follow The Leader: Eliminating Perverse Global Fishing Subsidies Through Unilateral Domestic Trade Measures, Anastasia Telesetsky
Maine Law Review
Perverse subsidies including fuel tax rebates lead to overfishing though a combination of overcapacity and excess fishing effort. The current overfishing trend has depleted certain key commercial fisheries with implications for future food security, particularly in regions dependent on fish protein. Over the course of the past four decades, there have been a number of multilateral efforts to eliminate the subsidies including environmental treaties, environmental targets, and trade negotiations. None of these attempts and a global cooperative response have achieved a reduction in perverse subsidies. This Essay proposes the adoption of unilateral trade measures or a set of “Friends of …
The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments,
2017
University of Maine School of Law
The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke
Maine Law Review
As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only the current …
The Renewable Fuel Standard: Food Versus Fuel?,
2017
University of Maine School of Law
The Renewable Fuel Standard: Food Versus Fuel?, Brent J. Hartman
Maine Law Review
Created by the Energy Act of 2005 and substantially amended by the Energy Independence and Security Act of 2007, the Renewable Fuel Standard (RFS) mandates an increasing amount of fuel from renewable sources that must be blended into the transportation fuel supply of the United States. Starting in 2008, RFS began with a mandated volume of nine billion gallons. By 2002, RFS requires blending 36 billion gallons of renewable fuel. Thus, in a little over a decade, RFS requires the amount of renewable fuel to quadruple. Meeting the targets of RFS would make substantial strides in energy security and independence, …
From " Food Miles" To "Moneyball": How We Should Be Thinking About Food And Climate,
2017
University of Maine School of Law
From " Food Miles" To "Moneyball": How We Should Be Thinking About Food And Climate, Bret C. Birdsong
Maine Law Review
Since Michael Pollan polarized the push to eat local food in his bestseller, The Omnivore’s Dilemma, the concept of “food miles” has been something of a rallying cry and an organizing principle in the marketing of the local food movement. Among locavores and their sympathizers, the term seems to encapsulate all that is wrong with the food system. Fresh grapes from Chile make their way to supermarkets from Maine to Minnesota, and even California. Major food conglomerates process commodity ingredients like corn, soy, and wheat into packaged food that travels across the country and across oceans before landing on a …
Legal Institutions Of Farmland Succession: Implications For Sustainable Food Systems,
2017
University of Maine School of Law
Legal Institutions Of Farmland Succession: Implications For Sustainable Food Systems, Jamie Baxter
Maine Law Review
The legal institutions relevant to farmland succession—defined as the transfer of property in and control over farmland—are increasingly important determinants of sustainable environmental outcomes on modern farms. The history of farmland succession has been written, by and large, through extra-legal processes of transfer and inheritance between generations of close family relations. This familiar “family farm” model, however, is rapidly being replaced by succession arrangements between non-relatives, often strangers, with entrant farmers from non-agricultural backgrounds. As a growing number of current farmers retire and seek creative ways to transfer control and ownership of their farms, the availability and content of property …
Growth And Legal Implications Of Energy Storage Technologies,
2017
S.J. Quinney College of Law, University of Utah.
Growth And Legal Implications Of Energy Storage Technologies, Chaunceton B. Bird
Utah OnLaw: The Utah Law Review Online Supplement
The energy storage industry is growing at burgeoning rates. New technologies are lowering the cost and improving the efficiency of energy storage devices. But with widespread adoption comes a myriad of legal issues. When states are creating their own legal frameworks to encourage or discourage investment in energy storage, the industry is hampered by inconsistency and a lack of predictability. By implementing broad federal regulations, the federal government can remove uncertainty and encourage growth and development of energy storage technologies. Thanks to companies like Tesla who are making energy storage more appealing and affordable, demand for behind-the-meter energy storage is …
United States V. Barthelmess Ranch Corp.,
2017
University of Montana School of Law
United States V. Barthelmess Ranch Corp., Jonah P. Brown
Public Land & Resources Law Review
Application of water to a beneficial use is the decisive element of a perfected water right in Montana. The BLM claimed rights to five reservoirs and one natural pothole under Montana law. The agency did not own livestock, but instead made the water available to grazing permittees. In United States v. Barthelmess Ranch Corp., the Montana Supreme Court affirmed the Montana Water Court’s holding that the BLM’s practice of making water available to others constituted a beneficial use and a perfected water right.
Ohio Valley Environmental Coalition V. Fola Coal Company, Llc,
2017
Alexander Blewett III School of Law at the University of Montana
Ohio Valley Environmental Coalition V. Fola Coal Company, Llc, Emily A. Slike
Public Land & Resources Law Review
Disregarding CWA regulations, WVDEP allowed for a state coal mining company, Fola, to discharge pollutants into the Stillhouse Branch without regard for water quality violations. Fola claimed that because it held a WV/NPDES permit, it was shielded from any liability so long as the company followed the permit’s provisions, even if its discharge violated CWA water quality standards.
Hawkes Co. V. United States Army Corps Of Engineers,
2017
University of Montana School of Law
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Public Land & Resources Law Review
A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.
Lights Out: Decommissioning The American Nuclear Plant,
2017
Pepperdine University
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Journal of the National Association of Administrative Law Judiciary
This article seeks to examine the United States commercial nuclear power plant decommissioning process, a look into a subject that begins at the end of a nuclear plant's life. The subject is often overlooked in favor of the more dominant and controversial issue of when and where a federal spent nuclear fuel repository will be established. But to overlook the American nuclear plant decommissioning process would be a missed opportunity to understand what happens after a nuclear plant permanently ceases power operations-a process that has the potential to last decades and affect the plant's local community through economic and environmental …
Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim,
2017
University of Maryland Francis King Carey School of Law
Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison
Maryland Law Review Online
No abstract provided.
Earthreports, Inc. V. Ferc,
2017
Alexander Blewett III School of Law at the University of Montana
Earthreports, Inc. V. Ferc, Caitlin Buzzas
Public Land & Resources Law Review
In EarthReports, Inc. v. FERC the Court ruled that when a state challenges a liquefied natural gas (“LNG”) export project, this should target the Department of Energy, not the Federal Energy Regulatory Commission.
A Blast From The Past: Seismic Airgun Policy And The Need For Reform,
2017
Florida State University College of Law
A Blast From The Past: Seismic Airgun Policy And The Need For Reform, Janaye Garrett
Florida State University Law Review
No abstract provided.
