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
Half Dome,
2013
UC Law SF
Golden Gate Park,
2013
UC Law SF
Crater Lake, Oregon,
2013
UC Law SF
Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law,
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,
2013
UC Law SF
The “Fair Share” Concept In Takings Law, Joseph L. Sax
UC Law Environmental Journal
No abstract provided.
Yosemite,
2013
UC Law SF
Rugged Coastline, Carmel,
2013
UC Law SF
Rugged Coastline, Carmel, Jamie Kelly
UC Law Environmental Journal
No abstract provided.
Heavenly Lake Tahoe,
2013
UC Law SF
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm,
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,
2013
UC Law SF
California’S Groundwater: A Legally Neglected Resource,
2013
UC Law SF
California’S Groundwater: A Legally Neglected Resource, Jan Stevens
UC Law Environmental Journal
No abstract provided.
Trees, Lake Tahoe, California,
2013
UC Law SF
Trees, Lake Tahoe, California, Steve Nance
UC Law Environmental Journal
No abstract provided.
The 2013 Philip C. Jessup International Law,
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?,
2013
Duke Law School
Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin
Faculty Scholarship
No abstract provided.
