Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding,
2014
Robinson & McElwee PLLC
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
West Virginia Law Review
No abstract provided.
Feed-In Tarrifs In Turmoil,
2014
University of Utah College of Law
Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen
West Virginia Law Review
No abstract provided.
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era,
2014
Jackson Kelly PLLC
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks
West Virginia Law Review
No abstract provided.
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals,
2014
Dinsmore & Shohl LLP
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks
West Virginia Law Review
No abstract provided.
Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference,
2014
U.S. Environmental Protection Agency
Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy
Michigan Journal of Environmental & Administrative Law
The following are the prepared remarks delivered at the University of Michigan Law School’s 2013 Environmental Law and Public Health Conference on September 26, 2013.
Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law,
2014
Vermont Law School
Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach
Michigan Journal of Environmental & Administrative Law
The purpose of this conference is to explore “the relationship between environmental protection and public health and how it should inform our efforts to become better stewards of the environment.” No one would disagree with the assertion that during the last forty years of federal environmental protection, air and water quality have improved and led to concomitant improvements in human health. Exploring the contours of this “relationship,” Environmental Protection Agency (EPA) Administrator Gina McCarthy said in her keynote speech that “[t]he thing is, the word ‘relationship’ is too neutral. The link between the health of our planet and the health …
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 …
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 …
Spring 2014 Utton Center Newsletter,
2014
University of New Mexico
Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
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.
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 …
Environmental Law, Public Health, And The Values Conundrum,
2014
University of Michigan Law School
Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann
Michigan Journal of Environmental & Administrative Law
In September 1996, when I was nearing the end of my sixth year as a Justice Department environmental crimes prosecutor, one of my colleagues sent me an email that there was a “good-sounding RCRA [Resource Conservation and Recovery Act] knowing endangerment case developing in Idaho.” A twenty-year-old man named Scott Dominguez had collapsed inside a storage tank at an Idaho fertilizer manufacturing facility called Evergreen Resources. Mr. Dominguez could not be rescued for nearly an hour, because firefighters who responded to the scene did not know what was in the tank and what safety precautions they needed to take before …
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 …
