Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies,
2013
University of Washington School of Law
Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies, Usha Varanasi
Washington Journal of Environmental Law & Policy
In the spirit of fostering interdisciplinary dialogue, the Washington Journal of Environmental Law and Policy is proud to present this Article. Professor Varanasi takes examples from her career as a fisheries scientist for the National Oceanographic and Atmospheric Administration to argue for a new model for ecological disaster planning and response, in which baseline ecosystem data is collected in advance of possible incidents so that decision-makers are empowered to make informed choices from the first stages of disaster response. She concludes by urging sustained and targeted funding for long-term ecosystem data collection to better understand various disasters’ effects on a …
"We Can Lead": Washington State's Efforts To Address Ocean Acidification,
2013
University of Washington School of Law
"We Can Lead": Washington State's Efforts To Address Ocean Acidification, Amanda M. Carr
Washington Journal of Environmental Law & Policy
The world’s oceans have become approximately thirty percent more acidic since the Industrial Revolution and are currently acidifying at a rate ten times faster than anything the earth has experienced over the last fifty million years. Washington State is undertaking a groundbreaking effort to address ocean acidification, a global issue that has serious implications for the world’s oceans, marine ecosystems, and the individuals and communities that depend upon the services that they provide. These localized actions, in isolation, will be insufficient to effectively combat and adapt to the acidification of marine waters. While acknowledging this generally accepted premise, Washington has …
Practical Alternatives For Silvicultural Pollution Reduction In Light Of Decker V. Nedc,
2013
University of Washington School of Law
Practical Alternatives For Silvicultural Pollution Reduction In Light Of Decker V. Nedc, Erin Anderson
Washington Journal of Environmental Law & Policy
Decker v. Northwest Environmental Defense Center is a recently decided Supreme Court case that originated in the forests of Oregon. Frustrated by the level of pollution in Oregon rivers that was originating from logging roads, an environmental group sued the State to enforce the Clean Water Act and require Oregon to issue National Pollutant Discharge Elimination System (NPDES) permits for the pollution. The Supreme Court held that the Environmental Protection Agency’s (EPA) decision to exclude water pollution from logging roads from NPDES permitting was entitled to deference, reversing the Ninth Circuit’s decision that such pollution required NPDES permits under the …
Legal Hurdles Faced By Deep Green Buildings: Case Studies And Recommendations,
2013
University of Washington School of Law
Legal Hurdles Faced By Deep Green Buildings: Case Studies And Recommendations, Kathleen O'Brien, Nicole Denamur, Elizabeth Powers
Washington Journal of Environmental Law & Policy
The recent emphasis on building design, construction, and performance has revealed legal challenges and risks an owner or project team may face when attempting to construct a “deep green” building. The intent of this article is to encourage and facilitate the development of deep green and high performing buildings by reducing perceived and actual risks as well as challenges associated with their development, construction, and operation. This article explores these risks and challenges through a discussion of specific examples from two case study projects located in Seattle, Washington. These examples are arranged in two broad categories: (1) the process of …
Washington Environmental Law Year In Review,
2013
University of Washington School of Law
Washington Environmental Law Year In Review, Abigail Pearl, Hunter Elenbaas
Washington Journal of Environmental Law & Policy
We are proud to present the first installment of the Washington Environmental Law Year in Review. This feature, which will be published annually in the Fall issue, will track significant developments in the environmental laws and regulations of Washington, and present a summary of these changes organized by topic.
A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act,
2013
University of Washington School of Law
A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act, Laura Zippel
Washington Journal of Environmental Law & Policy
The EPA currently regulates the Navy program Sink Exercise (SINKEX) under a permit issued under the Ocean Dumping Act. The Navy regards SINKEX as both a “live fire exercise,” important for the training of sailors in tactics and operations, and as a ship disposal program. Due to the toxic materials used to construct the derelict ships–including PCBs, asbestos, and lead–a case was filed in San Francisco District Court alleging that the EPA is required to regulate and permit SINKEX under the Toxic Substances Control Act (TSCA). This comment addresses the complexities arising from EPA permitting of SINKEX, including a comparison …
Leveraging Paraguay’S Hydropower For Sustainable Economic Development,
2013
Columbia Law School, Columbia Center on Sustainable Investment
Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
While internationally Paraguay is known for being the largest hydropower exporter in the world, the domestic economy suffers from regular outages and high system losses. The country is largely dependent on agricultural production, which has led to volatile economic performances in the past resulting from climatic circumstances and commodity price fluctuations. To address these two key policy challenges, the Government of Paraguay has approached The Earth Institute to: 1) explore the potential of a climate risk management system and sustainable agriculture activities to mitigate environmental vulnerability and 2) develop a high-level strategic plan to use Paraguay’s vast hydropower resources for …
Private Environmental Governance,
2013
Vanderbilt University Law School
Private Environmental Governance, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the appropriate next step is expansion or contraction, reforms to the federal statutory framework have stalled. Federal regulatory activity and state and local measures have filled some of the gap, but private governance efforts – the pursuit of public ends through private standards, monitoring, enforcement, and dispute resolution – now …
The Overwhelming Case For Clean Air Act Reform,
2013
New York Law School
The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod
Other Publications
Congress could add half year to the life of the average american by eliminating two false assumptions built into the foundation of the CleanAir Act: (1) All pollutants have a safe level (2) pollution is local.
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging,
2013
University of Maryland Francis King Carey School of Law
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Faculty Scholarship
After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …
Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co.,
2013
University of Montana School of Law
Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co., Katelyn J. Hepburn
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit considered whether a letter from the EPA notifying a party of potential liability under CERCLA is a “suit,” triggering an insurance company’s duty to defend. Applying Oregon contract law, the Ninth Circuit affirmed the decision of the United States District Court for the District of Oregon, stating that the letters from the EPA were “functional equivalents” to a suit under the insured’s policy and the insurer’s denial to defend was a breach of the policy.
Orbital Debris: Out Of Space,
2013
University of Georgia School of Law
Orbital Debris: Out Of Space, Meghan R. Plantz
Georgia Journal of International & Comparative Law
No abstract provided.
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India,
2013
University of Georgia School of Law
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas
Georgia Journal of International & Comparative Law
No abstract provided.
Alaska Wilderness League V. U.S. Epa,
2013
University of Montana School of Law
Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff
Public Land & Resources Law Review
In this case, the Ninth Circuit deferred to the EPA’s interpretation of a statute concerning whether increment requirements were applicable to a temporary source pollutant. The court held that Shell Offshore, Inc. was not required to analyze the potential impact of an offshore drill barge, the Kulluk, under the Clean Air Act. Additionally, the plaintiffs’ challenge concerning the Kulluk's impact on ambient air was defeated pursuant to Resisting Environmental Destruction on Indigenous Lands, REDOIL v. EPA.
City Of Livingston V. Park Conservation District,
2013
University of Montana School of Law
City Of Livingston V. Park Conservation District, Graham Coppes
Public Land & Resources Law Review
On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a lesser degree, the …
The Energy-Water Nexus,
2013
University of Richmond
The Energy-Water Nexus, Joshua P. Fershee, Gabriel E. Eckstein, Keith B. Hall, Donald T. Hornstein, Shi-Ling Hsu, Rhett Larson, Amanda Leiter, Uma Outka, Justin Pidot, Melissa Powers, Jefferson D. Reynolds, Benjamin K. Sovacool, Alex Gilbert, Andrea Wortzel
University of Richmond Law Review Symposium
Speakers for the 2013 Symposium included Professor Joshua P. Fershee of West Virginia University; Professor Gabriel E. Eckstein of Texas A&M University School of Law; Professor Keith B. Hall, Louisiana State University; Professor Donald T. Hornstein from the University of North Carolina; Professor Shi-Ling Hsu, Florida State University; Professor Rhett Larson, of the University of Oklahoma; Professor Amanda Leiter, American University; Professor Uma Outka, University of Kansas; Professor Justin Pidot, of the University of Denver; Professor Melissa Powers from Lewis & Clark College; Mr. Jefferson D. Reynolds, Virginia Department of Environmental Quality; Dr. Benjamin K. Sovacool & Mr. Alex Gilbert …
Administrative Restructuring And Renewable Energy: Best Legal Practices In Developing Economies,
2013
Suffolk University Law School
Administrative Restructuring And Renewable Energy: Best Legal Practices In Developing Economies, Steven Ferrey
Suffolk University Law School Faculty Works
In the next decade, there will be unprecedented, extensive investment in electrification in developing nations. Once installed, those generation facilities will remain in place for 40 years or longer. The Kyoto Clean Development Mechanism (“CDM”) is primarily encouraging CDM projects outside the electric sector, which raises questions about their longevity of impact on CO2 reduction. With extensive commitments now to the new Green Climate Fund, more attention to best legal practices for green electrification options becomes more important. Since the power industry is a regulated industry in every country, legislative and regulatory initiatives that incorporate “best practices” for encouraging renewable …
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government,
2013
William & Mary Law School
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
Environmental Law At Maryland, No. 35, Fall 2013,
2013
University of Maryland Francis King Carey School of Law
Environmental Law At Maryland, No. 35, Fall 2013
Environmental Law at Maryland
No abstract provided.
Environmental And Energy Law Perspectives: Fall 2013,
2013
George Washington University Law School
Environmental And Energy Law Perspectives: Fall 2013, Environmental And Energy Law Program
Environmental and Energy Law Perspectives
No abstract provided.
