Golden Gate Park Squirrel,
2013
UC Law SF
Golden Gate Park Squirrel, Brian King
UC Law Environmental Journal
No abstract provided.
The Challenges Of Adapting To Climate Change In San Francisco Bay,
2013
UC Law SF
The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg
UC Law Environmental Journal
No abstract provided.
Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States,
2013
City University of New York (CUNY)
Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States, Rebecca Bratspies
Publications and Research
No abstract provided.
Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out,
2013
Florida State University College of Law
Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond
Scholarly Publications
Judicial review is considered an indispensable legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must find their legitimacy elsewhere. This article evaluates the promise of “inside-out” legitimacy as an alternative or complement to judicial review. We theorize, based on insights from the administrative law and procedural justice literatures, that administrative process design can do much to advance legitimacy without the need to rely on judicial review to check …
Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act,
2013
Florida A&M University College of Law
Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson
Florida A & M University Law Review
No abstract provided.
Third Annual Environmental Law And Justice Symposium Issue: Introduction,
2013
Florida A & M University College of Law
Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii
Florida A & M University Law Review
No abstract provided.
Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya,
2013
Florida A&M University College of Law
Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi
Florida A & M University Law Review
No abstract provided.
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources,
2013
Florida A&M University College of Law
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink
Florida A & M University Law Review
This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …
A Future Submerged: Implications Of Sea Level Rise For South Florida,
2013
Florida A&M University College of Law
A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera
Florida A & M University Law Review
No abstract provided.
Underwater: The Need For Massachusetts To Become Climate Ready,
2013
Florida A&M University College of Law
Underwater: The Need For Massachusetts To Become Climate Ready, Erica Mattison
Florida A & M University Law Review
Massachusetts' longstanding vulnerability to flooding is on the verge of worsening due to expected impacts of climate change over the next several years. Although legislation has prompted the state to convene a multi-agency conversation on climate change adaptation, the work has yet to result in specific planning that will prime the state for reducing damage caused by flooding and other climate impacts. With renewed leadership, the state should prioritize flood risk in the policy agenda, launch a public awareness campaign, plan for infrastructure and state property investments, and facilitate municipal action. Since the issue cannot be adequately addressed by state …
A New Crop For Agricultural Land: The Renewable Energy
Mandate And Its Potential To Turn Farm Lands Into Energy
Fields,
2013
Pacific McGeorge School of Law
A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens
McGeorge Law Review
No abstract provided.
The Private Role In Public Fracturing Disclosure And Regulation,
2013
Florida State University College of Law
The Private Role In Public Fracturing Disclosure And Regulation, Hannah J. Wiseman
Scholarly Publications
Abstract: Recent domestic growth in oil and gas natural gas production from shales and sandstones called “tight” formations—largely enabled by a modified technology called slickwater hydraulic fracturing—has driven both economic growth and environmental concerns. Public concerns have often focused on the chemicals used in the fracturing process, yet federal regulations requiring disclosure of chemicals are weak. In the midst of initial “threats” of federal intervention, industry—along with state regulators—developed a website that enabled chemical disclosure. State regulations later mandated disclosure through this website, or allowed it as one option within a mandatory disclosure regime. Independently, gas companies also have begun …
The Clean Air Act: The End Of A Chevron Era?,
2013
University of Kentucky
The Clean Air Act: The End Of A Chevron Era?, Erin Murphy
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
What To Do With America's Nuclear Defense Waste: The Hanford Effect,
2013
George Washington University
What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
There’S Still A Chance: Why The Clean Air Act Does Not Preempt State Common Law Despite The Fourth Circuit’S Ruling In North Carolina V. Tva,
2013
Maurice A. Deane School of Law at Hofstra University
There’S Still A Chance: Why The Clean Air Act Does Not Preempt State Common Law Despite The Fourth Circuit’S Ruling In North Carolina V. Tva, Thomas J. Alves
Hofstra Law Student Works
Many legal hurdles confront plaintiffs who assert common law public nuisance claims against energy companies in an effort to curtail their production of greenhouse gases (GHG’s). These include standing, political question, the dormant commerce clause, and federal preemption. This paper explores federal preemption of common law public nuisance claims by the Clean Air Act (CAA) and concludes that such common law claims remain viable. The Supreme Court’s ruling in International Paper Co. v. Ouellette, 479 U.S. 481 (1987) (Ouellette), combined with the textual, structural, and schematic similarities between the Clean Water Act (CWA) and the CAA, form the basis for …
Legitimacy, Adaptation And Resilience In Ecosystem Management,
2013
University of Idaho College of Law
Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens
Articles
Ecologists have made great strides in developing criteria for describing the resilience of an ecological system. In addition, expansion of that effort to social-ecological systems has begun the process of identifying changes to the social system necessary to foster resilience in an ecological system such as the use of adaptive management and integrated ecosystem management. However, these changes to governance needed to foster ecosystem resilience will not be adopted by democratic societies without careful attention to their effect on the social system itself. Delegation of increased flexibility for adaptive management to resource management agencies must include careful attention to assuring …
Could You Repeat That Please? Forty-Five Years Of Pesticide Experiments On People,
2013
UC Law SF
Could You Repeat That Please? Forty-Five Years Of Pesticide Experiments On People, Barbara Leiterman
UC Law Environmental Journal
No abstract provided.
Yosemite, California,
2013
UC Law SF
Trial Lake, Utah,
2013
UC Law SF
Pacifica,
2013
UC Law SF
