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18,477 Full-Text Articles 14,979 Authors 12,529,399 Downloads 217 Institutions

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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 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, Barbara Cosens 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, Barbara Leiterman 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, Joey Meldrum 2013 UC Law SF

Yosemite, California, Joey Meldrum

UC Law Environmental Journal

No abstract provided.


Trial Lake, Utah, Brooke Wangsgard 2013 UC Law SF

Trial Lake, Utah, Brooke Wangsgard

UC Law Environmental Journal

No abstract provided.


Pacifica, Jamie Kelly 2013 UC Law SF

Pacifica, Jamie Kelly

UC Law Environmental Journal

No abstract provided.


Half Dome, Chloe Angelis 2013 UC Law SF

Half Dome, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


Golden Gate Park, Brooke Wangsgard 2013 UC Law SF

Golden Gate Park, Brooke Wangsgard

UC Law Environmental Journal

No abstract provided.


Crater Lake, Oregon, Mark Bland 2013 UC Law SF

Crater Lake, Oregon, Mark Bland

UC Law Environmental Journal

No abstract provided.


Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian Gray 2013 UC Law SF

Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian Gray

UC Law Environmental Journal

No abstract provided.


The “Fair Share” Concept In Takings Law, Joseph L. Sax 2013 UC Law SF

The “Fair Share” Concept In Takings Law, Joseph L. Sax

UC Law Environmental Journal

No abstract provided.


Yosemite, Chloe Angelis 2013 UC Law SF

Yosemite, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


Rugged Coastline, Carmel, Jamie Kelly 2013 UC Law SF

Rugged Coastline, Carmel, Jamie Kelly

UC Law Environmental Journal

No abstract provided.


Heavenly Lake Tahoe, Steven Nance 2013 UC Law SF

Heavenly Lake Tahoe, Steven Nance

UC Law Environmental Journal

No abstract provided.


Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson 2013 Chapman University School of Law (Student)

Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson

Buffalo Environmental Law Journal

Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy "accentuate …


Wasatch, Brooke Wangsgard 2013 UC Law SF

Wasatch, Brooke Wangsgard

UC Law Environmental Journal

No abstract provided.


California’S Groundwater: A Legally Neglected Resource, Jan Stevens 2013 UC Law SF

California’S Groundwater: A Legally Neglected Resource, Jan Stevens

UC Law Environmental Journal

No abstract provided.


Trees, Lake Tahoe, California, Steve Nance 2013 UC Law SF

Trees, Lake Tahoe, California, Steve Nance

UC Law Environmental Journal

No abstract provided.


The 2013 Philip C. Jessup International Law, Alfurna, The State of Rustasia 2013 Nova Southeastern University

The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia

ILSA Journal of International & Comparative Law

On behalf of Alfurna ("the Applicant") and the State of Rutasia ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Alfurnan Migrants, signed in The Hague, The Netherlands, on the fourteenth day of September in the year two thousand twelve.


Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin 2013 Duke Law School

Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin

Faculty Scholarship

No abstract provided.


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