Environmental Law Commons^™

A New Social Contract For Governing Industrial Risk In The Community, Michael S. Baram

Faculty Scholarship

Despite extensive regulation of hazardous industrial activities, residents of many communities that host these activities fear risks to their health and safety and suffer impacts that degrade the local environment. The concept of a New Social Contract (NSC) is presented as a supplement to regulation. It would involve company-community negotiation of an agreement, either enforceable or trust based, that provides company commitments to address the local risks and impacts. The concept is then examined with reference to experience with the negotiation of "good neighbor agreements" and the corporate social responsibility movement, and followed by discussion of the negotiation process for …

Resourcecontracts.Org – A Searchable Repository For Publicly Available Mining And Petroleum Contracts, Sophie Thomashausen

Columbia Center on Sustainable Investment Staff Publications

ResourceContracts.org is an online, searchable and user-friendly repository of publicly available mining and petroleum contracts from around the world. It currently includes over 1,000 from 72 countries. In addition to PDF scans of each executed contract, the site includes: the full text of contracts in searchable format; plain language summaries of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for searching and comparing contracts. Users can search contracts by country, natural resource, year, by type of contract, company, corporate group, or by annotation category.

"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a reasonable …

Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl

Articles by Maurer Faculty

All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs …

Climate Exactions, J. Peter Byrne, Kathryn A. Zyla

Maryland Law Review

No abstract provided.

A Fracking Fragile Issue: Courts Continue To Tiptoe Around Subsurface Trespass Claims, Danielle Quinn

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Assessing The Epa's Authority To Regulate Greenhouse Gas Emissions Under Clear Air Act Section 111(D) And The Clean Power Plan, Rick A. Waltman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Caution: Hazards Ahead! How The Epa's Refusal To Classify Coal Ash As Hazardous Waste Fuels Environmental And Public Health Concerns, Brittany L. Daniels

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bakken Crude And The Ford Pinto Of Railcars: The Growing Need For Adequate Regulation Of The Transportation Of Crude Oil By Rail, Evan W. Busteed

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Congress, Give Renewable Energy A Fair Fight: Passage Of The Master Limited Partnerships Parity Act Would Give Renewable Energy The Financial Footing Needed To Independently Succeed, David C. Magagna

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Category Errors And Executive Power, Jonathan H. Adler

Faculty Publications

The purpose of this brief essay is to provide some clarity in the muddled discussion over executive power. Specifically, the aim is to help clarify what sorts of actions taken by the executive branch can be properly characterized as “enforcement” actions—where the President’s inherent authority to exercise prosecutorial discretion applies—and what sorts of actions cannot. Specifically, this essay seeks to explain why some particularly controversial actions—such as the Administration’s decision to delay the so-called employer mandate imposed by the Affordable Care Act (ACA) and to “tailor” the application of federal regulations governing greenhouse gas emissions under the Clean Air Act …

Contemporary Practice Of The United States Relating To International Law, April 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States Achieves Progress in Iran Relations with Nuclear Agreement Implementation, Prisoner Swap, and Hague Claims Tribunal Resolutions • European Union and United States Conclude Agreement to Regulate Transatlantic Personal Data Transfers • After Lengthy Delay, Congress Approves IMF Governance Reforms that Empower Emerging Market and Developing Countries • United States Joins Consensus on Paris Climate Agreement • United States and Eleven Other Nations Conclude Trans-Pacific Partnership

The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck

West Virginia Law Review

No abstract provided.

The Urban Microgrid: Smart Legal And Regulatory Policies To Support Electric Grid Resilienccy And Climate Mitigation, Kevin B. Jones, Sylvia J.S. Bartell, Daniel Nugent, Jonathan Hart

Fordham Urban Law Journal

No abstract provided.

Urban Energy, Hannah J. Wiseman

Fordham Urban Law Journal

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …

Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon

Fordham Urban Law Journal

No abstract provided.

Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker

Fordham Urban Law Journal

No abstract provided.

Cascadia Wildlands V. Woodruff, Erick A. Valencia

Public Land & Resources Law Review

Predator management has long been a source of contention among the general public, and few predators have had a more polarizing effect on the public than wolves. Cascadia Wildlands v. Woodruff is yet another example of the tension between conservationists and private interests. In this case, Wildlands opposed the federal government’s FONSI and EA regarding Wildlife Services’s involvement in assisting the WDFW to implement its Wolf Conservation and Management Plan. The district court determined that Wildlife Services had acted arbitrarily and vacated Wildlife Services’s FONSI and EA.

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …