Joshua Tree,
2017
UC Law SF
A Battle Between Farmers And Environmentalists: Exploring The Implications Of The Westlands Water District Drainage Settlement,
2017
UC Law SF
A Battle Between Farmers And Environmentalists: Exploring The Implications Of The Westlands Water District Drainage Settlement, Morgan B. Mcgill
UC Law Environmental Journal
No abstract provided.
Managing California’S Water: A Look At The Sustainable Groundwater Management Act Of 2014,
2017
UC Law SF
Managing California’S Water: A Look At The Sustainable Groundwater Management Act Of 2014, Matthew J. Brown
UC Law Environmental Journal
No abstract provided.
The Use And Preservation Of Grasslands: The Logic Of Hard Lessons,
2017
University of Missouri-Kansas City
The Use And Preservation Of Grasslands: The Logic Of Hard Lessons, Irma S. Russell
Faculty Works
Planning for preservation of grasslands and all environmental resources is essential for the long-term well-being of the environment and humans. The interrelated nature of all resources of the physical world requires sustainable practices to maintain productivity and life. Recognition that the often-overlooked resource of grasslands is foundational to economic, environmental, and political stability of the region leads to the conclusion that planning for the long-range health of grasslands is essential to the economy as well as to the environment. Part II of this article explores the history of grasslands of the Midwest. It identifies the historical mismanagement of grasslands and …
Clean Electrification,
2017
University of Colorado Law School
Clean Electrification, Shelley Welton
University of Colorado Law Review
To combat climate change, many leading states have adopted the aim of creating a "participatory"g rid. In this new model, electricity is priced based on time of consumption and carbon content, and consumers are encouraged to adjust their behavior and adopt new technologies to maintain affordable electricity. Although a more participatory grid is an important component of lowering greenhouse gas emissions, it also raises a new problem of clean energy justice: utilities and consumer advocates claim that such policies unjustly benefit the rich at the expense of the poor, given the type of consumer best able to participate in the …
Legal Challenges For "Leaving It In The Ground": Touchstone Development And Holdings,
2017
Suffolk University Law School
Legal Challenges For "Leaving It In The Ground": Touchstone Development And Holdings, Steven Ferrey
Suffolk University Law School Faculty Works
Renewable technologies are proven as an alternative mechanism for power production and their costs are rapidly decreasing. This allows the U.S. deliberately to leave climate-changing fossil fuels in the ground. Utilities in several states are now attempting to extend the life of certain fossil-fuel generating assets and pull more fossil resources from the ground, often using federal ISO wholesale markets to try to cross-subsidize these older plants. However, law is not yet structured to accommodate a system where fossil fuel power generation remains in the ground as the nation switches to solar and wind power.
While able to store fossil …
The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease.,
2017
Saint Mary's University of San Antonio
The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease., Laura H. Burney
St. Mary's Law Journal
This Article discusses the implications of Heritage Resources, Hyder, and several Louisiana cases on the “post-production costs” issue in gas royalty clauses, as well as the fate of implied covenants in the shale era. To better understand that issue, this Article first provides a background on the interaction of express lease clauses and the doctrine of implied covenants. This discussion reveals that implied covenants are relegated to a minor role in light of extensive express clauses in Shale Era leases because courts frequently view express or “plain” terms as barring implied covenants. The problem, however, as commentators have noted—particularly regarding …
The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem.,
2017
St. Mary's University
The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander
St. Mary's Law Journal
Abstract Forthcoming.
Silver Lake,
2017
UC Law SF
Combating Climate Change In The Indus River Basin,
2017
Advocate Supreme Court of Pakistan
Combating Climate Change In The Indus River Basin, Waseem Ahmad Qureshi
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Act 13 And The Environmental Rights Amendment,
2017
University of Kentucky
Act 13 And The Environmental Rights Amendment, Lucas Liben, Marla D. Tortorice
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Making Existing Homes Greener,
2017
UGA School of Law
Making Existing Homes Greener, James Charles Smith
Texas A&M Journal of Property Law
During the past two decades, a “green building movement” has emerged, at first concentrating on the “greening” of government and commercial building. More recently, the focus has turned to the greening of residential buildings. “Green homes” are increasingly popular in the United States and throughout the world. They consume less energy; reduce environmental impacts; and conserve land, water, and other natural resources. Now, thousands of homebuyers are willing to take into account green environmental considerations when making home purchase decisions. They are motivated economically (the prospect of lower utility bills) and altruistically (doing what is good for the environment).
Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris,
2017
Roger Williams University School of Law
Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff
Roger Williams University Law Review
No abstract provided.
Beach Law Cleanup: How Sea-Level Rise Has Eroded The Ambulatory Boundaries Legal Framework,
2017
University of Florida Levin College of Law
Beach Law Cleanup: How Sea-Level Rise Has Eroded The Ambulatory Boundaries Legal Framework, Alyson C. Flournoy
UF Law Faculty Publications
As the sea level rises, the boundaries between privately owned coastal property and sovereign submerged lands held in public trust are becoming increasingly contested. The common law doctrines that determine these boundaries under conditions of change—primarily accretion, erosion, reliction, and avulsion—have important implications for all those involved in adaptation planning along our coasts. This includes private owners of coastal property, local government officials seeking to develop and implement adaptation strategies, beachgoers seeking to use shrinking beaches, beach-tourism-dependent businesses, and courts facing cases involving boundary disputes at the water’s moving edge. This paper raises the questions of whether and how the …
The Smell Of Neglect : A Trans-Corporeal Feminism For Environmental Justice,
2017
Osgoode Hall Law School of York University
The Smell Of Neglect : A Trans-Corporeal Feminism For Environmental Justice, Dayna Scott
Articles & Book Chapters
Environmental justice struggles are increasingly contests waged over data and knowledge, involving claims of expertise and counter-expertise (Corburn 2003). A common observation is that a reliance on formal science elevates the data generated by accredited knowledge professionals to a prime political position, ‘leaving little or no room for the layperson’ (Fischer 2000: 51; Yearley 2000). This results in a growing tension between those who have ‘knowledge’ and those who do not, as well as the active re-negotiation of those categories (Wiebe 2013). Residents of pollution hotspots and their allies in the environmental justice movement make a normative claim for valuing …
Moving The Legal Needle Of Western Climate And Energy Options,
2017
University of San Diego
Moving The Legal Needle Of Western Climate And Energy Options, Steven Ferrey
San Diego Journal of Climate & Energy Law
All fifty U.S. states are not legally equal on energy options. The Western states are different from others in three notable regards, when assessing the possibilities and tools available to dictate their future energy landscapes. That future will not be based as much on traditional fossil fuel use. There will be a transition to more use of renewable energy, such that the majority of future electric power additions will be comprised of renewable energy.[1] For context, fossil fuels are transportable within the U.S.;either by pipeline or surface transport. Renewable energy is fixed in place and in its raw form is …
The Political Water Web Of The United States,
2017
CUNY City College
The Political Water Web Of The United States, Omar Hammad
Dissertations and Theses
The United States’ water systems are interstate in their nature; these systems are governed by Congressional compact agreements. Water compacts have been influenced by common factors that have reverberated throughout the water-web of the country. These impacts varied in their scale, national level federal regulations, such as the Endangered Species Act of 1973, and recent concerns about climate change are macro-scale influences. Localized drivers such as regional economics and population change are localized impacts. While these concepts and issues influence water compacts as a whole, their impacts occur at different periods, albeit for the same reason. As such, we see …
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity,
2017
Columbia Law School
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard
Faculty Scholarship
Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every year out to 2050. These facilities, together with rooftop photovoltaics and other distributed generation, are required to replace most fossil fuel generation and to help furnish the added electricity that will be needed as many uses currently employing fossil fuels (especially passenger transportation and space and water heating) are electrified. This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to …
Revisiting Transnational Corporations And Extractive Industries: Climate Justice, Feminism, And State Sovereignty,
2017
Dalhousie University Schulich School of Law
Revisiting Transnational Corporations And Extractive Industries: Climate Justice, Feminism, And State Sovereignty, Sara Seck
Articles, Book Chapters, & Popular Press
This Article explicitly examines the relationship between climate justice, gender, and transnational fossil fuel extractive industries by drawing upon feminist theoretical insights. First, I provide an overview of the differential impacts of climate change on women and briefly review insights from select international legal scholars who have considered gender and climate change. Second, I describe the Philippines climate petition, a novel attempt to seek an investigation into the accountability of transnational fossil fuel companies for climate harms. Third, I examine three sets of issues arising in the Philippines climate petition and draw explicitly upon Karen Knop’s Re/Statements: Feminism and State …
The Paris Climate Agreement – Assessment Of Strengths And Weaknesses,
2017
Dalhousie University, Schulich School of Law
The Paris Climate Agreement – Assessment Of Strengths And Weaknesses, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper provides an overview of the core elements of the Paris Climate Agreement and offers an assessment of its key strength and weaknesses. The paper concludes with thoughts on what is required for its effective implementation.
