Environmental Law Commons^™

Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Time For A Restatement, Tracy Hester, Robert Percival, Irma S. Russell, Victor Flatt, Joel A. Mintz

Faculty Works

No abstract provided.

Fracking Fad: The Morally Ambiguous Method Of Extraction And The Trade Secret Protections Of Its Chemical Formulas, Vince Villio

Journal of Law, Technology, & the Internet

"Hydraulic fracturing (“fracking”) has taken the nation’s political soapbox by storm in the last decade, despite being in practice since the mid-20th century. The recent surge of debate comes from an increasing amount of states passing regulatory schemes for when fracking is used in the extraction of natural gas and other energy producing materials. The regulation of energy extraction has been and continues to be a state issue rather than federal. One of the major concerns of the energy industry with new regulation is the increasing demand for disclosure of the chemicals and processes used in fracking, something the industry …

Helping Haiti: Incorporating Ngo Technology Transfer Into The Trips Agreement Framework To Aid Least Developed Countries In The Adoption Of Clean Technologies, Michelle Balaklaw

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Fighting Fire With Fire: How Developing Geothermal Energy Plants On U.S. Protected Land Will Minimize The Effects Of Global Warning, Joseph B. Rinaldi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Can Conservation Easements Preserve Agriculture In Kentucky Without Expressly Protecting Water Rights?, Rebecca Price

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki

University of Michigan Journal of Law Reform Caveat

The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …

Compromise In Colorado: Solar Net Metering And The Case For "Renewable Avoided Cost", Alexander D. White

University of Colorado Law Review

No abstract provided.

Perceptions Of Climate Change And Water Governance Vulnerability In The Aysén Region Of Chile, Michal I. Helman

Graduate Student Theses, Dissertations, & Professional Papers

While the majority of Chile’s intact watersheds are located in the largely uninhabited southern Patagonia regions of the country, the majority of the Chilean population lives in the nation’s parched central regions. In the face of recent trends in climatic change, including dramatic decreases in snowpack, diminishing glaciers, and shifts in precipitation cycles and seasons, mountain contributions to local watersheds are predicted to continue dwindling as aridification worsens around the world and throughout Chile. Problems associated with aridification are further complicated by Chile’s water history, which has largely revolved around the nation’s fresh water caches subject to private claims and …

The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel

All Faculty Scholarship

International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.

A Hole In The Plastic Bag: Identifying And Closing The Loophole In The California Environmental Quality Act, Scott Menger

Loyola of Los Angeles Law Review

No abstract provided.

The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro

St. Mary's Law Journal

Abstract Forthcoming.

Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown

St. Mary's Law Journal

Abstract Forthcoming.

Adversarial Science, Sanne H. Knudsen

Articles

Adversarial science—sometimes referred to as "litigation science" or "junk science"—has a bad name. It is often associated with the tobacco industry's relentless use of science to manufacture uncertainty and avoid liability. This Article challenges the traditional conception that adversarial science should be castigated simply because it was developed for litigation. Rather, this Article urges that adversarial science is an important informational asset that should, and indeed must, be embraced.

In the ecological context, adversarial science is vital to understanding the ecological effects of long-term toxic exposure. Government trustees and corporate defendants fund intensive scientific research following major ecological disasters like …

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

Osgoode Legal Studies Research Paper Series

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 …

Tribal Strategies For Protecting And Preserving Groundwater, Stephen V. Quesenberry, Timothy C. Seward, Adam P. Bailey

William Mitchell Law Review

No abstract provided.

I Can See Clearly Now: The Epa's Authority To Regulate Indian Country Under The Clean Air Act, Richard Duncan, Christiana Martenson

William Mitchell Law Review

No abstract provided.

Climate Change Adaptation In Indian Country: Tribal Regulation Of Reservation Lands And Natural Resources, Jamie Kay Ford, Erick Giles

William Mitchell Law Review

No abstract provided.

Redd+: Climate Justice Or A New Face Of Manifest Destiny? Lessons Drawn From The Indigenous Struggle To Resist Colonization Of Ojibwe Forests In The Nineteenth And Twentieth Centuries, Philomena Kebec

William Mitchell Law Review

No abstract provided.

"Free The Land": A Call For Local Governments To Address Climate-Induced Food Insecurity In Environmental Justice Communities, Liza Guerra Garcia

William Mitchell Law Review

No abstract provided.