Environmental Law Commons^™

International Polar Partnership Initiative, Iouri Oliounine

ShipArc 2015 Conference

No abstract provided.

The Effects Toward Maritime Higher-Education In China After The Entry Into Force Of Polar Code, Haibo Xie

ShipArc 2015 Conference

No abstract provided.

Implementing The Polar Code: Education About Requirements & Fostering Best Practice In Operational To Make It Work, Michael Kingston

ShipArc 2015 Conference

No abstract provided.

The Polar Code : Gap Analysis For Protection Of Marine Environment & Arctic Safety, Mohammed Essallamy

ShipArc 2015 Conference

No abstract provided.

Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski

ShipArc 2015 Conference

No abstract provided.

Improving Communications To Enhance Maritime Domain Awareness In The Bering Strait, Melissa Parks

ShipArc 2015 Conference

No abstract provided.

The Polar Code & Its Influence On The Legal Status Of The Northwest Passage And Implications Of Its Potential Use, Saied Satei

ShipArc 2015 Conference

No abstract provided.

Koontz V. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development From The New Reach Of The Supreme Court's Exactions Jurisprudence?, Patrick F. Carroll

Pace Environmental Law Review

The United States Supreme Court has raised the legal standard for a municipality to use land use exactions for sustainable development. Land use exactions frequent local government affairs and occur when a government demands a dedication of land or money in exchange for a municipal approval, such as a permit. Koontz v. St. Johns River Water Management District found certain proposed government exactions for land use permits as “demands” on the applicant and required a “‘nexus' and ‘rough proportionality’ between the property that the government demands and the social costs of the applicant's proposal,” regardless of whether the exaction was …

In Defense Of Ecosystem Services, J.B. Ruhl

Pace Environmental Law Review

It is a great honor and pleasure to deliver the Garrison lecture at the Pace University Law School, especially on an evening during which we have paid fitting tribute to the lives of two giants of environmental law and policy, Joe Sax, and David Sive. I chose the topic of ecosystem services for this auspicious occasion for three reasons and to answer three questions.

First, the path of ecosystem services as a theme in environmental law and policy spans my practice (1982-1994) and academic (1994-present) careers. The importance of nature to human well-being seems so obvious one would think it …

The Master Limited Liability Partnerships Parity Act: Friend Or Foe?, Sonia J. Toson

Pace Environmental Law Review

In April of 2013, Democratic Senator Chris Coons of Delaware introduced legislation that seeks to level the playing field between renewable and non-renewable energy companies. Titled the “Master Limited Partnerships Parity Act” (MLPPA), the legislation would amend the federal tax code to allow renewable energy companies to form master limited partnerships and thereby gain valuable financing and tax advantages. This legislation would clear the way for the formation of master limited partnerships investing in renewable energy, which would have significant impact on clean energy production in the United States. This article discusses the Master Limited Partnerships Parity Act and explores …

Reexamining What We Stand To Lose: A Look At Reinitiated Consultation Under The Endangered Species Act, Catherine E. Kanatas, Maxwell C. Smith

Pace Environmental Law Review

This article first examines the role reinitiated consultation plays within Congress's statutory framework and concludes that in many ways, reinitiated consultation is the glue that holds the Endangered Species Act's protective scheme together. While the ESA generally prohibits any injury to an endangered species, Congress has authorized the Service to permit such injuries under certain circumstances. But these authorizations must be accompanied by a limit that will trigger reinitiated consultation if exceeded. Thus, without reinitiated consultation, these preauthorized injuries or “takes” would prove gaping leaks in Congress's “Ark,” leaving little or no safety for endangered species. Moreover, reinitiated consultation has …

Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham

Pace Environmental Law Review

The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and …

Arguments In Support Of A Constitutional Right To Atmospheric Integrity, Elizabeth Fuller Valentine

Pace Environmental Law Review

As used in this paper, “atmospheric integrity” refers to the interrelated physical, chemical, and biological processes on planet Earth that enable human and non-human life now and in the future and recognizes that modern civilization has developed within the relatively stable, current geologic period known as the Holocene. I chose to focus on atmospheric integrity, rather than more broadly on environmental integrity, because the health of terrestrial and aquatic habitats is inextricably tied to atmospheric stability. This assertion is not meant to minimize the multitude of harms impacting land and water. It is just that the magnitude of the climate …

The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya

Pace Environmental Law Review

Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore …

Ocean Governance In The Arctic : Conflict, Cooperation, Challenges, David Vanderzwaag Ph.D

ShipArc 2015 Conference

No abstract provided.

Regulatory Developments & Challenges : The Polar Code, Arsenio A. Dominguez

ShipArc 2015 Conference

No abstract provided.

Study On Related Issues Of Compensation For Oil Pollution Damage By Offshore Drilling Platform, Hongyan Wu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Michigan V. Environmental Protection Agency, Lindsay Ward

Public Land & Resources Law Review

What’s the price of clean air? The Supreme Court found that the EPA, tasked with setting limits on hazardous pollutants, unreasonably declined to consider cost when regulating power plant emissions under the Clean Air Act. 42 U.S.C. § 7412 gives the EPA the authority to regulate power plants under the Clean Air Act as long as the Agency finds that “regulation is appropriate and necessary.” In the instant case, the EPA concluded that regulation met both these requirements. Finding the agency’s decision unreasonable, the majority struck down the EPA’s rule. The minority, however, asserted that the decision was unsound; it …

Western Watersheds Project V. Jewell, Hannah S. Cail

Public Land & Resources Law Review

The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Erick A. Valencia

Public Land & Resources Law Review

The Colorado District Court in WildEarth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement ordered the United States Office of Surface Mining to reevaluate the environmental impact of an approved mining modification plan for the Colowyo Mine after the Office failed to involve the public in the approval process and did not take a “hard look” at the modification’s effects on the environment as required by NEPA. Even though the Office of Surface Mining also approved the Trapper Mine’s modification plan without fulfilling NEPA’s requirements, WildEarth Guardians was left without a remedy regarding that mine because the …