Environmental Law Commons^™

Murky Waters: The Supreme Court's Decision On Navigability And It's Implications On Judicial Power. Ppl Montana, Llc V. Montanta, Paul Conklin Iii

Journal of Environmental and Sustainability Law

No abstract provided.

Unwise Beats Uninformed: The Rock, Paper, And Scissors Of Nepa Challenges, Amie Coleman

Journal of Environmental and Sustainability Law

No abstract provided.

Deepwater Exploration In The Gulf: The Eleventh Circuit Balances Energy Independence And Environmental Responsibility Post-Deepwater. Defenders Of Wildlife V. Bureau Of Ocean Energy Mgmt., Ryan Harris

Journal of Environmental and Sustainability Law

No abstract provided.

Tax Benefits, Property Rights, And Mandates: Considering The Future Of Government Support For Renewable Energy, Alexandra B. Klass

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Baby Steps, Not Leaps, Toward Relief. Anatomizing Sackett V. Epa, John Shikles

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

All Carrot And No Stick: Why Washington's Clean Water Act Assurances Violate State And Federal Water Quality Laws, Oliver Stiefel

Washington Law Review

Current Washington State rules governing timber activities—including logging, road construction, and timber processing—were achieved through negotiated compromise. In response to growing concern over the decline of several salmonid species, stakeholders from government agencies, environmental groups, and the timber industry negotiated a plan for regulating timber activities to better meet the needs of aquatic species, while maintaining a robust and sustainable timber industry. The rivers and streams flowing through Washington’s forests provide habitat for numerous aquatic species, including several species of anadromous salmonids. Timber activities, however, pose a threat to healthy habitat. In the 1990s, degraded forest habitat in Washington necessitated …

From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley

Articles

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold these exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …

Community Development Funds And Agreements In Guinea Under The New Mining Code, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Guinea’s 2011 Mining Code introduced a large number of reforms directed to increasing transparency and the contribution of the mining sector to development, including requirements for the establishment of a local development fund and for community development agreements between mining companies and local communities. As part of the legal and fiscal analysis of the gold mining investments in Guinea, CCSI examined how these provisions could be implemented effectively. CCSI produced a report that makes recommendations as to how the Government, mining companies, civil society and communities can work together to maximize the benefits of local development funding in the Guinean …

From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley

Journal Articles

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold the exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …

Treading Water While Congress Ignores The Nation's Environment, Sandra B. Zellmer

Faculty Law Review Articles

During the late 1960s, the nation's attention was riveted on graphic images of contaminated resources, such as smoldering rivers and oil-soaked seagulls,' as well as Rachel Carson's haunting prose about the "strange blight"2 of chemical pesticides afflicting land, water, and wildlife. Policymakers recognized the need for strong legal protections for public health and the environment, and Congress responded with sweeping legislation governing the pollution of water, air, and soil, and the demise of threatened and endangered species.3

The Clean Water Act of 1972 (CWA), which regulates discharges of pollutants into waters of the United States, is one of the most …

Border Carbon Adjustment And International Trade: A Literature Review, Madison Condon, Ada Ignaciuk

Faculty Scholarship

An important source of political opposition to measures aimed at reducing emissions of greenhouse gases (GHGs) arises from concerns over their negative effects on the competitiveness of domestic firms, especially those that are energy-intensive and exposed to competition from foreign producers. Politicians and industry representatives alike fear that imports from countries without similar regulations can gain cost-of-production advantages over domestic goods. With many of the major economies of the world contemplating unilateral action to restrict their carbon emissions (while continuing to pursue co-ordinated multilateral action), the parallel concern of carbon leakage — whereby domestic reductions in emissions are partially or …

An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano

Touro Law Review

There are often environmental concerns with any new construction project. One often unforeseen aspect of this is the liability that occurs after a building is destroyed. Property owners have generally faced strict liability for the release of hazardous waste under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. This Comment examines why the act of war defense has consistently failed and determines if the law places too high of a burden on property owners who assert this defense.

Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness

Pepperdine Law Review

No abstract provided.

Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento

Pepperdine Law Review

No abstract provided.

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.

Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson

Pepperdine Law Review

No abstract provided.

Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson

Pepperdine Law Review

No abstract provided.

Toward An International Standard Of Environment, George P. Smith Ii

Pepperdine Law Review

No abstract provided.