Environmental Law Commons^™

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 …

Pride And Prejudice And Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, And State Exceptionalism Failed Flint, Michigan, Brie D. Sherwin

University of Colorado Law Review

It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with orange juice. For months they inquired, complained, and assembled in hopes that someone in a position of authority would notice what was so obvious to them. And for months they were dismissed and even ridiculed. Turns out they were right. It took …

The Former Asarco Demolition Fallout, A Post Study On Lead Soil Concentrations And Environmental Agents Of Redistribution In El Paso, Texas, Stephanie A. Robinson

Open Access Theses & Dissertations

The former El Paso ASARCO Smelting and Refining Co. operated between 1877 and 1999, the pyrometallurgic activity was estimated to have discharged excess of a 1,000 tons of lead (Pb) into the atmosphere from 1969-71. It was estimated 96 tons of (Pb) were emitted on an annual basis from the standing ore and fluid beds. The Environmental Protection Agency (EPA) determined that lead (Pb) is the heavy metal of the highest concentration within the vicinity of the smelter. After the smelter production ceased, flash flooding common to the southwest, such as the 2006 historic flood, increased transportation of superficial contaminants …

Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho

Indonesia Law Review

The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …

Center For Biological Diversity V. Jewell, Kirsa Shelkey

Public Land & Resources Law Review

Following years of pressure to list the upper Missouri River population of Arctic grayling as an endangered or threatened species, the United States Fish and Wildlife Service issued a 2014 Finding that listing the fish was “not warranted at this time.” The Service relied on voluntary Candidate Conservation Agreements with Assurances in the Big Hole River Basin to determine that listing criteria under the Endangered Species Act was not met and therefore listing was not necessary. Ultimately, the court deferred to agency expertise and found that the Service’s decision not to list the Arctic grayling was reasonable.

United States V. Washington, Kirsa Shelkey

Public Land & Resources Law Review

Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right of taking fish, …

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey

William & Mary Bill of Rights Journal

No abstract provided.

Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman

Law School Blogs

No abstract provided.

Biopolarity: Coral Scientists Between Hope And Despair, Irus Braverman

Journal Articles

Biopolarity draws on extensive interviews with dozens of coral scientists and on my observations of the international coral reef symposium in Hawaii on June 2016 to document the oscillation of coral scientists between hope and despair in their imaginations of coral futures. At one extreme of the oscillation are catastrophic predictions of the death of corals by the mid-21st century. In this despondent narrative, corals are getting fried and nothing short of an abrupt (and unlikely) shift in how humans use fossil fuels will save them. The pessimistic trajectory of this swing of the pendulum comes replete with daunting maps, …

Invasive Species Impacts On Infrastructure, Invasive Species Advisory Committee

National Invasive Species Council

Executive Summary

Invasive species represent one of the most significant threats to ecosystems, human and animal health, infrastructure, the economy, and cultural resources. Because potentially invasive, non-native species typically enter the United States through ports of entry in urban environments, some of the first observable impacts may be to infrastructure, yet little is known about the economic costs associated with these impacts to the “built” environment. In addition, federal agencies currently lack the authority necessary to effectively prevent, eradicate, and control invasive species that impact the human-built environment. This lack of authority prevents rapid response to some of the most …

The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii

Journal of Legislation

No abstract provided.

Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula

Columbia Center on Sustainable Investment Staff Publications

The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …

Molecular Measurement Of Toxicity In Fish; Case Examples And Policy Implications, Jessica A. Freedman

Senior Honors Projects

Stormwater and oil are common urban contaminants that can be harmful to fish species. One way of recognizing exposed and impaired fish is by monitoring gene expression and gene induction. This study focused on the identification and validation of reference genes for measuring contaminant-induced changes in gene expression due to urban influence. In this study, reference genes (which are genes used to normalize data and remain consistent in varying exposures regardless of organism and tissue type) were established. Six genes were identified as reference genes (ef1a, wdtc1, mtm1, spop, rxrba and tuba1) from a longer list of potential …

Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.

The Brave New Path Of Energy Federalism, Jim Rossi

Vanderbilt Law School Faculty Publications

For much of the past 80 years courts have fixated on dual sovereignty as the organizing federalism paradigm under New Deal era energy statutes. Dual sovereignty’s reign emphasized a jurisdictional “bright line,” with a fixed, legalistic boundary between federal and state regulators. This Article explores how recent Supreme Court decisions limit dual sovereignty’s role as the organizing federalism principle under energy statutes.

These recent decisions do not approach federal-state jurisdiction as either/or proposition, but instead recognize it is concurrent in certain contexts. Concurrent jurisdiction opens up a brave new path of possibilities for energy federalism but also has been target …

Legislative Exactions And Progressive Property, Timothy M. Mulvaney

Faculty Scholarship

Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …

The Use Of Scenarios In Legal Education To Develop Futures Thinking And Sustainability Competencies, Michelle Mei Ling Lim, Andrew Allan

Research Collection Yong Pung How School Of Law

Achieving sustainability requires a populace equipped to deal with complex, interacting and ever-changing realities as well as uncertain futures. There is however a significant lack of focus on developing sustainability competencies within legal and governance education. Legal education plays a key role in shaping sustainable futures. Long-term sustainability relies on lawyers, judges and policy-makers being able to make optimal decisions in the present when faced with significant uncertainty about the future. This paper discusses how the combination of problem-based learning (PBL) and scenario-based pedagogical approaches can provide an authentic contextualised learning environment to empower law students to deal with the …

Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks

Sea Grant Law Fellow Publications

No abstract provided.

N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik

Media Presence

No abstract provided.