Environmental Law Commons^™

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

From Paris To Orlando: Achieving Climate Justice In Our Communities, Tim Heberlein, Moderator, Josephine Balzac, Esq., Jasmine Burney, Chris Castro, Jeannie Economos

Environmental and Animal Law

Florida A & M University College of Law, in collaboration with the City of Orlando and a host of community organizations and members, presents a panel discussion about climate justice and sustainability in our communities.

A Discussion With Epa's General Counsel Avi Garbow: Environmental Justice, Agency Priorities, And Employment, Avi S. Garbow, General Counsel

Environmental and Animal Law

The Center For International Law & Justice and Environmental Law Society present a discussion with Avi S. Garbow who, during his tenure as EPA General Counsel, has worked closely on the Clean Power Plan, Clean Water Rule and other initiatives.

The Unbearable Licence Of Being The Executive: A Response To Stacey’S Permanent Environmental Emergency, Bruce Pardy

Osgoode Hall Law Journal

This article responds to Jocelyn Stacey’s “The Environmental Emergency and the Legality of Discretion in Environmental Law.” In her article, Stacey attempts to establish the legitimacy of unfettered executive discretion to deal with environmental issues, but the justification that she provides is not up to the task. She asserts that all environmental issues are emergencies, but she does not explain why they are so. She proposes to resolve the problem of executive discretion by redefining the rule of law, thereby rendering it an empty shell. Environmental protection and the rule of law do not push in opposite directions. Instead, it …

Newsroom: Goldstein On Militia Occupation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey

Osgoode Hall Law Journal

This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: They reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework …

Nepa And The Northern Integrated Supply Project: Wielding The 'Paper Tiger' In The Tenth Circuit, Raymond Laws

Colorado Environmental Law Journal

No abstract provided.

National Conservation Area Designation: When You Need A Shovel, Not A Backhoe, Megan Gutwein

Colorado Environmental Law Journal

No abstract provided.

Coal Barons And Ski Bums: An Unlikely Alliance? Exploring Potential Solutions To Waste Mine Methane, Baker Arena

Colorado Environmental Law Journal

No abstract provided.

Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens

Colorado Environmental Law Journal

No abstract provided.

Clear & Convincing: The Proper Evidentiary Standard For R.S. 2477 Claims, Blake Busse

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Natural Resources, Energy & Environmental Law Review

Colorado Environmental Law Journal

No abstract provided.

Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino

Student Works

Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt, The Jungle …

Of Life And Limb: The Failure Of Florida's Water Quality Criteria To Test For Vibrio Vulnificus In Coastal Waters And The Need For Enhanced Criteria, Regulation, And Notification To Protect Public Health, Felicia Thomas

Student Works

The nefarious duo of warming oceans and rising sea levels has created a menacing yet lesser-known climate change-induced problem: an increase in sea-borne diseases. For most, the biggest concern when diving into the ocean is a possible, though exceedingly rare, shark encounter; however, it is the unexpected, unseen risk of Vibrio vulnificus that poses the greater danger. Part I of this paper discusses Vibrio vulnificus cases along the coasts of Florida, examining both the illnesses that were contracted through exposure of open wounds to seawater and those contracted through the consumption of raw oysters from the Gulf Coast. Part II …

A Shift In The Wind: Siting More Wind Power Projects Along Texas' 367-Mile Coast Of Gulf Winds, And Mitigating Potential Risk To Migratory Bird Populations, Oscar Burkholder

Student Works

Wind farm development in Texas is surging, making wind power Texas’ hottest energy prospect. Texas currently produces more wind power than any other state by a significant margin, and it keeps blowing through major milestones almost every year. Part II of this paper discusses the relationship between Texas and wind energy, examining the success of onshore wind energy in Texas, the uncertainty and challenges of offshore wind energy in the Gulf of Mexico, and possible room for improvement in Texas’ onshore wind farms. Part III analyzes Texas’ current legal framework, evaluating key federal involvement within Texas’ wind energy industry, and …

How The Public Trust Doctrine's Fiduciary Duty Requirement Requires States' Proactive Response To Promote Offshore Power Generation, Andrew S. Ballentine

Student Works

As the earth continues to warm and the impacts of that warming trend loom larger, the question becomes whether and to what degree do governments have responsibility to respond to that threat. The potential range of threats and impacts from climate change vary greatly and governments’ ability to respond, effectively and efficiently, exceeds that of the individual and therefore must fall on the greater collection of individuals. In the United States, one way that the collection of individuals is represented, albeit with limitations, is by the government that operates for the collective public good. This Article focuses on what responsibility …

Nepa—Substantive Effectiveness Under A Procedural Mandate: Assessment Of Oil And Gas Eiss In The Mountain West, John C. Ruple, Mark Capone

Wallace Stegner Center for Land, Resources, and the Environment publications

This paper empirically evaluates whether Environmental Impact Statements (EISs) for oil and natural gas field development projects lead to a significant reduction in environmental impacts. Based on our statistical analysis of projects within a four-state region, we conclude that EIS preparation does appear to produce final decisions that are substantially less impactive on the environment when compared to initially proposed projects. Impact reductions occur primarily between the Draft EIS and Final EIS, with minor reductions occurring between the Final EIS and Record of Decision. While reductions may be partially attributable to other legal requirements (such as Clean Air Act, Clean …

An Ode To Sea Turtles & Dolphins: Expanding Wto’S Mandate To Bridge The Trade-Environment Divide, Geary Choe

Cornell Law Library Prize for Exemplary Student Research Papers

Geary Choe’s ambitious paper showcased a diverse and sophisticated understanding of research in public international law and interdisciplinary sources.

Choe’s paper proposes expanding the World Trade Organization’s mandate to carve out a new exception for trade-restrictive measures in multilateral environmental agreements (MEAs). His process involved analyzing international conventions, WTO panel and appellate body reports as well as non-legal materials written by economists, environmentalists and non-governmental organizations. Choe used that research to examine the historical tension between the competing interests of trade vs. environment and concluded with original proposals of how to reconcile them within the WTO’s legal framework.

Most rewardingly, …