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Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter 2014 William & Mary Law School

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that while the …


Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam 2014 William & Mary Law School

Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam

William & Mary Environmental Law and Policy Review

This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive to …


Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations, John Loughney 2014 William & Mary Law School

Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations, John Loughney

William & Mary Environmental Law and Policy Review

No abstract provided.


Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner 2014 William & Mary Law School

Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner

William & Mary Environmental Law and Policy Review

No abstract provided.


Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach 2014 William & Mary Law School

Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach

William & Mary Environmental Law and Policy Review

No abstract provided.


Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah 2014 William & Mary Law School

Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah

William & Mary Environmental Law and Policy Review

No abstract provided.


Protecting The Environment By Addressing Market Failure In Intellectual Property Law: Why Compulsory Licensing Of Green Technologies Might Make Sense In The United States Institutional Religious Exemptions: A Balancing Approach, Adam Gunderson 2014 Brigham Young University Law School

Protecting The Environment By Addressing Market Failure In Intellectual Property Law: Why Compulsory Licensing Of Green Technologies Might Make Sense In The United States Institutional Religious Exemptions: A Balancing Approach, Adam Gunderson

BYU Law Review

No abstract provided.


Challenges For The Unfccc In Indonesia's Decentralisation, Melvin Salahuddin 2014 Law and Human Rights Bureau of South Sulawesi Provincial Government, Indonesia

Challenges For The Unfccc In Indonesia's Decentralisation, Melvin Salahuddin

Indonesia Law Review

This article is an examination of the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) as a Multilateral Environmental Agreement (MEA) in Indonesia. It identifies domestic challenges of the Convention in Indonesia’s decentralisation. The implementation of decentralisation policy in 2001 worsens the inherent problems faced by the Convention in Indonesia’s legal system. As a MEA, the Convention contains only general rules for the state parties and no specific legal obligation to reduce emission. The Convention also has legitimacy problems. The Indonesia’s method to transform treaties into domestic legal system is still problematic. These two challenges are worsened …


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein 2014 Pepperdine University

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Pepperdine Law Review

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and its …


Federal Disaster Declarations And Denials: Analyzing Spatial Equity In The Implementation Of The Stafford Act, Richard Salkowe 2014 University of South Florida

Federal Disaster Declarations And Denials: Analyzing Spatial Equity In The Implementation Of The Stafford Act, Richard Salkowe

USF Tampa Graduate Theses and Dissertations

Federal disaster declarations are authorized by the president under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. Prior studies have found varying levels of political influence associated with the declaration process. Factors including electoral votes, reelection years, congressional committee appointments, geographic location, and party favoritism have been implicated in claims of inequity associated with the distribution of federal disaster assistance. Compounding these concerns is evidence of recurring problems associated with disparities in the long-term recovery from disasters based on social and economic factors. This dissertation is a response to the call for further …


(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg 2014 William Mitchell College of Law

(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg

Hamline Law Review

abstract


The Future Of Wilderness Management, Peter A. Appel 2014 University of Georgia

The Future Of Wilderness Management, Peter A. Appel

Presentations and Speeches

This is a presentation by Professor Peter A. Appel on April 11, 2014, at a symposium entitled "The Wilderness Act at 50" sponsored by the Lewis and Clark Law School. Please click here to view the presentation.


Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival 2014 University of Maryland Francis King Carey School of Law

Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival

Congressional Testimony

No abstract provided.


Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh 2014 University of Montana School of Law

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land & Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.


Taking On Water: The Supreme Court Rejects A Temporary Flooding Exception To Fifth Amendment Notes, Elizabeth Judy 2014 University of Missouri School of Law

Taking On Water: The Supreme Court Rejects A Temporary Flooding Exception To Fifth Amendment Notes, Elizabeth Judy

Journal of Environmental and Sustainability Law

No abstract provided.


Carbon Capture And Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole 2014 University of Missouri School of Law

Carbon Capture And Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole

Journal of Environmental and Sustainability Law

No abstract provided.


Discharge Of A Pollutant: The Clean Water Act Definition That Has Caused Much Confusion, Arsenio L. Mims 2014 University of Missouri School of Law

Discharge Of A Pollutant: The Clean Water Act Definition That Has Caused Much Confusion, Arsenio L. Mims

Journal of Environmental and Sustainability Law

No abstract provided.


Table Of Contents, 2014 University of Missouri School of Law

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk 2014 University of Denver

Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk

Washington and Lee Journal of Energy, Climate, and the Environment

It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries following …


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds 2014 Tilburg Law School

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Washington and Lee Journal of Energy, Climate, and the Environment

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …


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