Geology, The Marcellus Shale, Experts, And Dispute Resolution,
2014
Hebrew University of Jerusalem
Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld
West Virginia Law Review
No abstract provided.
Journal Staff,
2014
Duke Law
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania,
2014
West Virginia University College of Law
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
West Virginia Law Review
No abstract provided.
Should Chevron Have Two Steps?,
2014
Jones Day
Should Chevron Have Two Steps?, Richard M. Re
Indiana Law Journal
Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step two asks whether they are reasonable. Other judges and scholars defend two-step Chevron on the ground that the second step should be equated with arbitrary-and-capricious review. But that approach makes Chevron partially redundant with the Administrative Procedure Act and compresses the distinct mandatoriness and reasonableness questions into an artificially singular first step. This Article identifies a …
Complex Value Choices At The Environment-Energy Interface,
2014
University of Minnesota Law School
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Michigan Journal of Environmental & Administrative Law
During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it was one …
Human-Centered Environmental Values Versus Nature-Centric Environmental Values--Is This The Question?,
2014
Boston College Law School
Human-Centered Environmental Values Versus Nature-Centric Environmental Values--Is This The Question?, Zygmunt J.B. Plater
Michigan Journal of Environmental & Administrative Law
The challenging background context for much of the discussion and cogitation in the panels and pages of this conference is the unfortunate fact that environmental protection law in virtually all its manifestations is currently faring rather poorly in the public policy arenas of national government. From the public health hazards of residual substances in consumer goods and human breast milk to the mighty troubles of human-caused climate disruption, many of the most significant structures of societal governance are locked in political and financial dysfunctions and impasses. Given the conference’s goal to “explore more deeply the relationship between environmental protection and …
The Carbon Suite In The Hotel California: "We Are All Just Prisoners Here, Of Our Own Device",
2014
Suffolk University Law School
The Carbon Suite In The Hotel California: "We Are All Just Prisoners Here, Of Our Own Device", Steven Ferrey
Suffolk University Law School Faculty Works
As in the Eagle’s classic album and song “Hotel California,” California became a legal “prisoner of its own device,” amid a suite of legal challenges for exceeding the U.S. Constitution’s limits on state power. What distinguished California is not the large suite of recent legal challenges, but the fact that they are initiated by all stakeholders -- environmental, low-income, and industry groups. California was declared to have acted illegally on some basis, or it capitulated through settlement, in the majority of these challenges.
This article charts more than a half dozen recent and often successful challenges to California regulation based …
Fishers Of Men: The Neglected Effects Of Environmental Depletion On Labor Trafficking In The Thai Fishing Industry,
2014
University of Washington School of Law
Fishers Of Men: The Neglected Effects Of Environmental Depletion On Labor Trafficking In The Thai Fishing Industry, Joanna G. Sylwester
Washington International Law Journal
Migrant fishermen are left out. Both Thailand’s labor trafficking laws and anti-trafficking measures espoused by international bodies fail to effectively protect men coerced into working in Thailand’s fishing industry. Thailand is a prominent destination for human trafficking victims because of the country’s economic, social, and political conditions. The majority of trafficking victims identified within Thailand are migrants from Thailand’s neighbors—predominantly Myanmar (Burma)—who often escape from conditions of poverty or political persecution. Because of a high demand for Thai fish products and labor shortages in the fishing industry, the commercial fishing industry is a hotbed for labor trafficking. The Government of …
Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice,
2014
University of Miami School of Law
Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri
Michigan Law Review
Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from …
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts,
2014
William & Mary Law School
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
William & Mary Law Review
First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …
Wilderness Management In National Parks And Wildlife Refuges,
2014
Alexander Blewett III School of Law at the University of Montana
Wilderness Management In National Parks And Wildlife Refuges, Sandra B. Zellmer
Faculty Law Review Articles
This Article provides a wilderness scorecard of sorts for the two "dominant use" land management agencies-the National Park Service (NPS) and the United States Fish and Wildlife Service (FWS). Given that both agencies operate under a similar conservation oriented mandate, one night assume that the imposition of a wilderness mandate would be closely aligned with their organic missions. However, NPS and FWS have both, at times, been surprisingly hostile toward wilderness within their systems. In NPS's case, this is likely because of a concern that wilderness might disrupt visitor use and rein in its management discretion over park activities and …
Tidal Wetlands Protection In Virginia: Time For An Update,
2014
William & Mary Law School
Tidal Wetlands Protection In Virginia: Time For An Update, Pamela Kalinowski, Yvonne Baker
Virginia Coastal Policy Center
No abstract provided.
Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources,
2014
Singapore Management University
Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Effective law for complex environmental issues requires a combination of sound policy, sophisticated doctrinal scholarship and effective institutional arrangements that suit the social and economic context. Together, these elements create the basis for good resource governance. This article sets out criteria that define an effective governance framework for transboundary resource management. To advance legal scholarship, access to such criteria can help frame comprehensive strategies for more effective environmental law. The article extends previously developed criteria for the effective transboundary conservation of terrestrial biodiversity to transboundary water resource governance. It discusses the relative ease with which each of the criteria can …
Arkansas Game & Fish Commission V. U.S.,
2014
University of Montana School of Law
Arkansas Game & Fish Commission V. U.S., Katelyn J. Hepburn
Public Land & Resources Law Review
The United States Court of Appeals for the Federal Circuit, on remand from the Supreme Court, reconsidered whether temporary increased dam-releases resulting in downstream flooding, constituted a physical taking under the Fifth Amendment of the United States Constitution. Applying the Supreme Court’s more complex balancing test, the Court of Appeals affirmed the Court of Federal Claims’ decision holding that temporary government-induced flooding can qualify as a Fifth Amendment taking. The court upheld an award of damages in excess of $5.7 million.
U.S. Food Aid Reform Through Alternative Dispute Resolution,
2014
American University Washington College of Law
U.S. Food Aid Reform Through Alternative Dispute Resolution, Delilah J. Griswold
Sustainable Development Law & Policy
No abstract provided.
Article Xx: Protector Of Public Health, The Environment, And The New Provisions Of European Union’S Fuel Quality Directive,
2014
American University Washington College of Law
Article Xx: Protector Of Public Health, The Environment, And The New Provisions Of European Union’S Fuel Quality Directive, Joy Marie Virga
Sustainable Development Law & Policy
No abstract provided.
Indonesia’S Role In Realizing The Goals Of Asean’S Agreement On Transboundary Haze Pollution,
2014
American University Washington College of Law
Indonesia’S Role In Realizing The Goals Of Asean’S Agreement On Transboundary Haze Pollution, David B. Jerger Jr
Sustainable Development Law & Policy
No abstract provided.
Genetically Modified Food: A Golden Opportunity?,
2014
American University Washington College of Law
Genetically Modified Food: A Golden Opportunity?, Susan Johnson
Sustainable Development Law & Policy
No abstract provided.
Oversight And Accountability Of Water Privatization Contracts: A Proposed Legislative Policy.,
2014
American University Washington College of Law
Oversight And Accountability Of Water Privatization Contracts: A Proposed Legislative Policy., Mary Strayhorne
Sustainable Development Law & Policy
No abstract provided.
How Environmental Review Can Generate Car-Induced Pollution: A Case Study,
2014
American University Washington College of Law
How Environmental Review Can Generate Car-Induced Pollution: A Case Study, Michael Lewyn
Sustainable Development Law & Policy
No abstract provided.
