There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection,
2016
Villanova University Charles Widger School of Law
There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection, Ryan P. Duffy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Sorry, Access Denied: Department Of Environmental Protection V. Delaware Riverkeeper Network And The Relationship Between The Public's Right To Know And An Agency's Right To Conceal,
2016
Villanova University Charles Widger School of Law
Sorry, Access Denied: Department Of Environmental Protection V. Delaware Riverkeeper Network And The Relationship Between The Public's Right To Know And An Agency's Right To Conceal, Aya D. Samra
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Cracks' In The Court's Analysis? Court Strikes Balancing Act Between Citizens' Constitutional Rights And Government's Exploitation Of Natural Gas Reserves In Pennsylvania Environmental Defense Foundation V. Commonwealth,
2016
Villanova University Charles Widger School of Law
Cracks' In The Court's Analysis? Court Strikes Balancing Act Between Citizens' Constitutional Rights And Government's Exploitation Of Natural Gas Reserves In Pennsylvania Environmental Defense Foundation V. Commonwealth, Gabriella T. Soreth
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Oneok, Inc. V. Learjet, Inc.: The Supreme Court Narrows The Preemptive Scope Of The Natural Gas Act And Extracts A Win For State Courts,
2016
Villanova University Charles Widger School of Law
Oneok, Inc. V. Learjet, Inc.: The Supreme Court Narrows The Preemptive Scope Of The Natural Gas Act And Extracts A Win For State Courts, Alexander D. Torres
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut,
2016
Villanova University Charles Widger School of Law
Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut, Matthew R. Weiss
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?,
2016
University of Georgia School of Law
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement,
2016
University of Georgia School of Law
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Providing For Environmental Safeguards In The Development Loans Given By The World Bank Group To The Developing Countries,
2016
University of Georgia School of Law
Providing For Environmental Safeguards In The Development Loans Given By The World Bank Group To The Developing Countries, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
The Concept Of Compensation In The Field Of Trade And Environment,
2016
United Nations Environment Programme
The Concept Of Compensation In The Field Of Trade And Environment, Shadia Schneider-Sawiris
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Justice And Community-Based Reparations,
2016
Seattle University School of Law
Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman
Seattle University Law Review
This Article seeks to illuminate the lack of adequate legal remedies that are available for low-income, predominantly minority communities that have suffered historic environmental injustices. The Article not only discusses the lack of adequate legal remedies, but also proposes the use of local, state, and federal reparations programs for communities that have previously suffered environmental injustices; are still living with the effects of environmental injustices, by way of disease, air, soil, and water pollution; or are suffering current and ongoing environmental injustices. As has been recently illustrated by Michigan’s state action of providing lead-contaminated water for over a year to …
Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Professional?,
2016
Catholic University of America
Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Professional?, Lucia A. Silecchia
Seattle Journal of Environmental Law
No abstract provided.
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations,
2016
University of San Diego
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford C. Mank
San Diego Law Review
An important unresolved question is whether non-state plaintiffs have standing under Article III of the U.S. Constitution to sue in federal courts in climate change cases. In Massachusetts v. EPA, the Supreme Court held a state government could sue the U.S. government to address climate change issues, and suggested, but did not decide, that private litigants might have lesser rights than states. In Washington Environmental Council v. Bellon, the Ninth Circuit held that private groups did not have standing to challenge Washington State’s failure to regulate greenhouse gas (GHG) emissions from five oil refineries, and implied that private plaintiffs may …
Ocean Acidification And The Unfccc: Finding Legal Clarity In The Twilight Zone,
2016
University of Washington School of Law
Ocean Acidification And The Unfccc: Finding Legal Clarity In The Twilight Zone, Ellycia R. Harrould-Kolieb
Washington Journal of Environmental Law & Policy
Ocean acidification—the rise in ocean acidity due primarily to the absorption of carbon dioxide (CO2) from the atmosphere—is often thought of as a consequence of climate change; however, it is a separate, albeit very closely related, problem. Despite their common driver, the processes and impacts of ocean acidification and climate change are distinct and it should not be assumed that policies intended to alleviate climate change will simultaneously benefit the oceans. Indeed, some proposed climate change policy interventions, such as geoengineering schemes or the reduction of non-CO2 greenhouse gases, either do nothing to alleviate increasing ocean acidification …
Continuing To Lead: Washington State's Efforts To Address Ocean Acidification,
2016
University of Washington School of Law
Continuing To Lead: Washington State's Efforts To Address Ocean Acidification, Amanda M. Carr
Washington Journal of Environmental Law & Policy
The world’s oceans have become approximately thirty percent more acidic since the Industrial Revolution and are currently acidifying at a rate ten times faster than anything the earth has experienced over the last fifty million years. Washington State is undertaking a groundbreaking effort to address ocean acidification, a global issue that has serious implications for the world’s oceans, marine ecosystems, and the individuals and communities that depend upon the services that they provide. These localized actions, in isolation, will be insufficient to effectively combat and adapt to the acidification of marine waters. While acknowledging this generally accepted premise, Washington has …
Environmental Law,
2016
Mercer University School of Law
Environmental Law, Travis M. Trimble
Mercer Law Review
In 2015, the United States Court of Appeals for the Eleventh Circuit decided novel issues in two cases under the Clean Water Act (CWA). In Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, the court held remand of a Corps of Engineers permitting decision for reconsideration without also vacating the permit is a remedy within the court's discretion and was appropriate under the circumstances. In Riverkeeper v. U.S. Environmental Protection Agency, the court held appellate review of a non-final response by the Environmental Protection Agency (EPA) to a petition to withdraw Alabama's authority to administer the …
Ocean Acidification Through The Lens Of Ecological Theory,
2016
University of Washington School of Law
Ocean Acidification Through The Lens Of Ecological Theory, Brian Gaylord Et Al.
Washington Journal of Environmental Law & Policy
Ocean acidification, chemical changes to the carbonate system of seawater, is emerging as a key environmental challenge accompanying global warming and other human-induced perturbations. Considerable research seeks to define the scope and character of potential outcomes from this phenomenon, but a crucial impediment persists. Ecological theory, despite its power and utility, has been only peripherally applied to the problem. Here we sketch in broad strokes several areas where fundamental principles of ecology have the capacity to generate insight into ocean acidification’s consequences. We focus on conceptual models that, when considered in the context of acidification, yield explicit predictions regarding a …
Ocean Acidification: The Other Co2 Problem?,
2016
University of Washington School of Law
Ocean Acidification: The Other Co2 Problem?, Scott C. Doney, Victoria J. Fabry, Richard A. Feely, Joan A. Kleypas
Washington Journal of Environmental Law & Policy
Rising atmospheric carbon dioxide (CO2), primarily from human fossil fuel combustion, reduces ocean pH and causes wholesale shifts in seawater carbonate chemistry. The process of ocean acidification is well documented in field data, and the rate will accelerate over this century unless future CO2 emissions are curbed dramatically. Acidification alters seawater chemical speciation and biogeochemical cycles of many elements and compounds. One well-known effect is the lowering of calcium carbonate saturation states, which impacts shell-forming marine organisms from plankton to benthic molluscs, echinoderms, and corals. Many calcifying species exhibit reduced calcification and growth rates in laboratory experiments …
Ocean Acidification: Legal And Policy Responses To Address Climate Change's Evil Twin,
2016
University of Washington School of Law
Ocean Acidification: Legal And Policy Responses To Address Climate Change's Evil Twin, Eric V. Hull
Washington Journal of Environmental Law & Policy
Much attention has been devoted to the problem of global climate change, but the effects of carbon dioxide on the world’s oceans has been largely underappreciated. Oceanic absorption of carbon dioxide is working fundamental changes on ocean chemistry, increasing the acidity of the oceans, and threatening the stability of the oceans’ ecosystems. The United States has responded to these emergent threats with a policy agenda heavily oriented toward data production, but light on action that might reverse the course of ocean acidification. This Article contends that this policy approach is ill-suited to the known risks of intensifying ocean acidification. The …
Federal Treaty And Trust Obligations, And Ocean Acidification,
2016
University of Washington School of Law
Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson
Washington Journal of Environmental Law & Policy
Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …
"Fed" Up With Acidification: "Trusting" The Federal Government To Protect The Tulalip Tribes' Access To Shellfish Beds,
2016
University of Washington School of Law
"Fed" Up With Acidification: "Trusting" The Federal Government To Protect The Tulalip Tribes' Access To Shellfish Beds, Jacqueline M. Bertelsen
Washington Journal of Environmental Law & Policy
Part I of this paper discusses the threat ocean acidification poses to the Tulalip Tribes’ ability to practice and preserve its way of life. Part II examines the laws and legal structures, especially the Clean Water Act, that can simultaneously protect the Tulalip Tribes’ right to harvest shellfish at “usual and accustomed” shellfish beds and the health of Puget Sound’s waters as a whole. Finally, Part III proposes actions that can be taken at the state, tribal, and federal levels. First, the Environmental Protection Agency (EPA) should develop criteria and water quality standards relevant to ocean acidification that can be …
