The Epa Is Only “Sort Of” Permitted To Regulate Greenhouse Gases Under The Clean Air Act: How Utility Air Regulatory Group V. Epa Shows The Supreme Court Is Still Hot And Cold On Climate Change,
2015
Touro University Jacob D. Fuchsberg Law Center
The Epa Is Only “Sort Of” Permitted To Regulate Greenhouse Gases Under The Clean Air Act: How Utility Air Regulatory Group V. Epa Shows The Supreme Court Is Still Hot And Cold On Climate Change, Kristen Curley
Touro Law Review
No abstract provided.
Ohio's Brownfield Problem And Possible Solutions: What Is Required For A Successful Brownfield Initiative?,
2015
The University of Akron
Ohio's Brownfield Problem And Possible Solutions: What Is Required For A Successful Brownfield Initiative?, Faith R. Dylewski
Akron Law Review
This Comment intends to survey the current state of Ohio’s brownfield redevelopment programs. It also examines the successes and failures of other states’ brownfield redevelopment efforts in order to uncover the elements of success common to a comprehensive brownfield redevelopment plan. Part II discusses the environmental, economic, and social problems that are associated with brownfield sites. Part III examines the impediments to brownfield redevelopment. Part IV illuminates the federal government’s efforts aimed at the brownfield problem. Part V provides an overview of Ohio’s current brownfield redevelopment programs. Part VI discusses the ingredients of a successful state brownfield redevelopment initiative through …
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa,
2015
The University of Akron
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
Akron Law Review
This article suggests an enhanced role for the EPA and the other agencies that have authority to protect our natural resources, including the FWS, NPS, and others. These agencies should have authority to evaluate the environmental assessments leading to a FONSI and require preparation of an EIS pursuant to NEPA. This paper also suggests that these agencies need more authority in the substantive decision of choice of an alternative action pursuant to the EIS, and the determination of whether the proposed action should proceed based on the conclusions in the EIS. This could be accomplished with an amendment to the …
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures,
2015
Seattle University School of Law
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …
The Dangerous Right To Food Choice,
2015
Seattle University School of Law
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
Ag Gag Past, Present, And Future,
2015
Seattle University School of Law
Ag Gag Past, Present, And Future, Justin F. Marceau
Seattle University Law Review
While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.
Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety,
2015
Seattle University School of Law
Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns
Seattle University Law Review
Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many of …
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice,
2015
Seattle University School of Law
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws,
2015
Seattle University School of Law
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Seattle University Law Review
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms,
2015
Seattle University School of Law
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …
Newsroom: Logan On Bp Settlement,
2015
Roger Williams University
Newsroom: Logan On Bp Settlement, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Hyperlegality And Heightened Surveillance: The Case Of Threatened Species Lists,
2015
University at Buffalo School of Law
Hyperlegality And Heightened Surveillance: The Case Of Threatened Species Lists, Irus Braverman
Journal Articles
My contribution to the Debate "Thinking about Law and Surveillance" focuses on the project of governing nonhuman species through care, briefly pointing to how law and surveillance are interwoven in this context and to how conservation's biopolitical regimes are increasingly becoming more abstract, standardized, calculable, and algorithmic in scope. I argue that conservation’s focus on governing through care lends itself to heightened modes of surveillance and to hyperlegality - namely, to the intensified inspection and regulation of both governed and governing actors. I start with some preliminary explanations about my atypical use of the terms surveillance, law, and biopolitics.
Intellectual Property Rights In Virtual Environments: Considering The Rights Of Owners, Programmers And Virtual Avatars,
2015
The University of Akron
Intellectual Property Rights In Virtual Environments: Considering The Rights Of Owners, Programmers And Virtual Avatars, Woodrow Barfield
Akron Law Review
An emerging issue in online role-playing games is whether the licensor or participant owns the virtual property (such as a virtual avatar) created while the game is being played...Such rights have real world consequences for the objects created in the virtual world...Commercial software has been designed to allow people to create their own interactive, emoting 3D avatar using photographs of their individual faces, and their own unique voice as templates...Virtual environments can be designed for single inhabitants, such as a solo flight trainee, or for many, simultaneous participants... Further, people who spend significant amounts of time in virtual environments are …
Please Turn Your Lights Off, The Turtles Are Nesting: Ensuring That Federal, State, And Local Laws Help Guide Endangered Marine Turtle Hatchlings In Florida To The Right Source Of Light,
2015
Florida A&M University College of Law
Please Turn Your Lights Off, The Turtles Are Nesting: Ensuring That Federal, State, And Local Laws Help Guide Endangered Marine Turtle Hatchlings In Florida To The Right Source Of Light, Cameryn Justice Rivera
Student Works
In Florida, artificial lighting is a huge problem for marine turtle hatchlings and nesting mothers. Part I of this paper provides background information on sea turtle behavioral patterns in nesting and hatching, while also highlighting the problems of disorientation and nesting deterrence. Part II examines federal and state laws that authorize and delegate sea turtle oversight protections, administer legal and practical protection, and attempt to enforce the laws to prevent sea turtle disturbances or deaths. Part III discusses local ordinance regulations on artificial lighting and comments on the Model Lighting Ordinance in Florida. Part IV analyzes sea turtle law coordination …
Implementing A Carbon Tax In Florida Under The Clean Power Plan: Policy Considerations,
2015
Florida State University College of Law
Implementing A Carbon Tax In Florida Under The Clean Power Plan: Policy Considerations, Chris Hastings
Florida State University Law Review
No abstract provided.
What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law,
2015
Wayne State University
What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk
Law Faculty Research Publications
No abstract provided.
Environmental Law,
2015
Mercer University School of Law
Environmental Law, Travis M. Timble
Mercer Law Review
In 2014, the United States Court of Appeals for the Eleventh Circuit, addressing an issue of first impression, rejected the district court's use of a Lone Pine case-management order as a means of testing the sufficiency of the plaintiffs' pleadings in a state law environmental torts case. The court also interpreted Florida law to mean that plaintiffs are not required to allege that groundwater contamination exceeded regulatory maximum contaminant levels for drinking water to maintain their claims and that they could recover "stigma" damages to their property without alleging actual contamination. The United States District Court for the Middle District …
The Damage From Mega-Sporting Events In Brazil,
2015
Pace University School of Law
The Damage From Mega-Sporting Events In Brazil, J. Justin Woods
Elisabeth Haub School of Law Student Publications
Over the past several years, Brazil’s federal government and the city and state governments of Rio de Janeiro have invested tens of billions of dollars to develop the transportation, stadium, tourist, communications and security infrastructure required to host the 2007 Pan American Games, 2014 World Cup, and 2016 Summer Olympics. As Brazil seeks to use these mega- sporting events to assert itself as a major economic player on the word stage, its strategy demonstrates how hosting mega-events serves to attract regional and global capital, and to reinforce unequal power structures at the expense of the public treasury, environmental quality and …
Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning,
2015
University of Montana
Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning, John M. Newman
Montana Law Review
No abstract provided.
Sex, Gender And The Chemicals Management Plan,
2015
Osgoode Hall Law School of York University
Sex, Gender And The Chemicals Management Plan, Dayna Nadine Scott, Sarah Lewis
Articles & Book Chapters
Chemical substances are found everywhere in our environment. As Chapter 1 makes clear, whether it be at home, outdoors, or in the workplace, we are continuously coming into contact with various chemicals through our air, water, food, cosmetics, clothes, personal care products, and everyday household items (Cooper, Vanderlinden, and Ursitti 2011; Program on Reproductive Health and the Environment 2008). As our detection methods improve, we are increasingly forced to confront the evidence of these exposures: biomonitoring studies now show that nearly everyone has measurable amounts of almost all known toxic chemicals stored somewhere in their bodies (CDC 2013; Environmental Defence …
