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Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle 2015 University of Michigan

Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle

Michigan Journal of Environmental & Administrative Law

President Nixon recognized the controversy surrounding off-road vehicle (ORV) use on public lands when he signed Executive Order 11,644 in 1972. The Executive Order set out minimization criteria that bound federal land management agencies’ ORV area and trail designations. Forty years later, agencies are still struggling to implement the minimization criteria. Recent court opinions have struck down implementation attempts by the National Park Service, Bureau of Land Management, and Forest Service. This note argues that agencies require additional guidance for ORV management, particularly in light of case law that sets a floor for achieving minimization. After examining how the mandate …


Coping With Uncertainty: Cost-Benefit Analysis, The Precautionary Principle, And Climate Change, Daniel A. Farber 2015 University of Washington School of Law

Coping With Uncertainty: Cost-Benefit Analysis, The Precautionary Principle, And Climate Change, Daniel A. Farber

Washington Law Review

Climate scientists are confident that greenhouse gases are causing climate change, but it is difficult to predict the severity of future climate change or its local impacts. Unfortunately, we cannot wait for these uncertainties to be resolved before addressing the issue of climate change. Policymakers use two different strategies for setting climate policy in the face of this uncertainty: cost-benefit analysis and the precautionary principle. Although there has been much discussion of these strategies in the abstract, there has been less effort to assess them in operation. This Article analyzes these strategies and considers their application to climate risks in …


Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón 2015 Florida State University College of Law

Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón

Scholarly Publications

In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group's claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …


Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman 2015 Columbia Law School, Columbia Center on Sustainable Development

Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.


Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata 2015 University of Miami Law School

Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata

University of Miami International and Comparative Law Review

No abstract provided.


Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University of Rhode Island Graduate School of Oceanography 2015 Roger Williams University

Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography

School of Law Conferences, Lectures & Events

No abstract provided.


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 Office of the Judge Advocate General

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Cardozo Law Review

Climate change is the world's greatest environmental threat. It is also increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change's impact - in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …


Energy-Environment Policy Alignments, Todd S. Aagaard 2015 Villanova University Charles Widger School of Law

Energy-Environment Policy Alignments, Todd S. Aagaard

Faculty Publications

Energy law focuses on making energy widely available at reasonable cost, and environmental law focuses on preventing pollution. As a result of these differences in their respective orientations, the two fields often work incoherently and even in conflict. Historically, federal energy law and environmental law have attempted to manage their interrelationships by imposing negative constraints on each other: Energy policies of the Federal Energy Regulatory Commission (FERC) must comply with requirements set forth in environmental statutes, and the Environmental Protection Agency’s (EPA’s) statutes contain energy-related requirements and exemptions. More recently, however, FERC and EPA have begun developing policies that create …


The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire 2015 Cleveland State University

The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire

Et Cetera

The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …


What Can Animal Law Learn From Environmental Law?, Randall S. Abate 2015 Florida A&M University College of Law

What Can Animal Law Learn From Environmental Law?, Randall S. Abate

Faculty Workshops

Professor Randall S. Abate, now affiliated with The George Washington University Law School, presented on his recently published book, What Can Animal Law Learn form Environmental Law? The workshop focused on how the fields of environmental law and animal law can work in concert. The Workshop was presented in collaboration with the FIU Law Student Animal Legal Defense Fund and FIU Law Environmental Law Society student organizations.


Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore 2015 University of Montana - Missoula

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land & Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.


Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins 2015 Alexander Blewett III School of Law at the University of Montana

Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …


Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith II, David M. Steenburg 2015 William & Mary Law School

Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg

William & Mary Environmental Law and Policy Review

No abstract provided.


A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad 2015 William & Mary Law School

A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad

William & Mary Environmental Law and Policy Review

No abstract provided.


Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset 2015 William & Mary Law School

Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset

William & Mary Environmental Law and Policy Review

No abstract provided.


Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom 2015 William & Mary Law School

Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom

William & Mary Environmental Law and Policy Review

No abstract provided.


Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish 2015 William & Mary Law School

Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish

William & Mary Environmental Law and Policy Review

No abstract provided.


Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey 2015 William & Mary Law School

Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey

William & Mary Environmental Law and Policy Review

No abstract provided.


Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell 2015 Wayne State University Law School

Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple 2015 S.J. Quinney School of Law

Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple

Pace Environmental Law Review Online Companion

No abstract provided.


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