The Keystone Xl Pipeline: Charting The Course To Energy Security Or Environmental Jeopardy?,
2013
Villanova University Charles Widger School of Law
The Keystone Xl Pipeline: Charting The Course To Energy Security Or Environmental Jeopardy?, Megan O'Rourke
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic,
2013
Barry University
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
The Importance Of Information And Participation Principles In Environmental Law In Brazil,
2013
Elisabeth Haub School of Law at Pace University
The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio
Elisabeth Haub School of Law Faculty Publications
This article explores the two different kinds of uncertainty, ‘hard’ uncertainty (unknown unknowns) and ‘soft’ uncertainty (known unknowns), in the context of environmental law decision making. First, the authors argue that these different categories should not be treated the same when facing decisions under uncertainty. To deal with these different uncertainties, a tiered risk analysis process is called for, using participatory techniques to turn hard uncertainty into (more manageable) soft uncertainty as well as to increase the legitimacy of environmental decision making, even in cases of hard uncertainty. This methodology can and should apply to all instances of domestic, transnational …
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development,
2013
Pace Law School
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …
Hydrofracking: State Preemption, Local Power, And Cooperative Governance,
2013
Elisabeth Haub School of Law at Pace University
Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking—risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and fit …
Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization,
2013
Columbia Law School, Sabin Center for Climate Change Law
Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization, Michael Burger
Sabin Center for Climate Change Law
In this Essay, I make a preliminary foray into new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings' attachments to a sense of "place" or "dwelling" and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America's long history of nationalizing nature manifests in the discourse surrounding …
Legal Issues In Integrated, Multi-Pollutant Planning For Energy And Air Quality,
2013
New York University School of Law
Legal Issues In Integrated, Multi-Pollutant Planning For Energy And Air Quality, Shawna Ganley, Shelley Welton
Sabin Center for Climate Change Law
In the face of persistent air quality problems, as well as emerging concerns such as greenhouse gases and state budgetary constraints, states are looking to new ways to maximize air quality while minimizing costs. The non-profit Regulatory Assistance Project (RAP) assists states in air quality management, and has recently proposed a new methodology for states to use in order to take a proactive, forward-thinking approach to optimize air quality. RAP’s proposed Integrated, Multi-Pollutant Planning for Energy and Air Quality (IMPEAQ) fosters long-range planning, multi-pollutant analysis and cost optimization modeling to enable state air quality districts to achieve efficient gains in …
Managed Coastal Retreat: A Legal Handbook On Shifting Development Away From Vulnerable Areas,
2013
Columbia Law School, Sabin Center for Climate Change Law
Managed Coastal Retreat: A Legal Handbook On Shifting Development Away From Vulnerable Areas, Anne Siders
Sabin Center for Climate Change Law
Numerous legal tools already exist to assist federal, state, and local governments in conducting managed retreat away from the most vulnerable coasts. Scattered publications, toolkits, and websites describe a broad range of legal, policy, and regulatory tools. These tools have, with little fanfare, been used by communities around the United States to implement managed retreat. This Handbook collects examples, case studies, and lessons learned from some of these early innovators in the hope that their lessons can inform future efforts to limit the exposure of our communities to coastal threats. The key legal issues raised by these examples are also …
Responsible Shale Gas Productions: Moral Outrage Vs. Cool Analysis,
2013
University of Texas, Austin School of Law
Responsible Shale Gas Productions: Moral Outrage Vs. Cool Analysis, David B. Spence
Fordham Environmental Law Review
The relatively sudden boom in shale gas production in the United States using hydraulic fracturing has provoked increasingly intense political conflict. The debate over fracking and shale gas production has become polarized very quickly, in part because of the size of the economic and environmental stakes. This polarized debate fits a familiar template in American environmental law, pitting “cool analysis” against “moral outrage.” Opponents of fracking have generally framed their arguments in moral or ethical terms, while systematic research is beginning to build a more careful and nuanced understanding of the risks associated with shale gas production (though the record …
Fracking Patents: The Emergence Of Patents As Information-Containment Tools In Shale Drilling,
2013
Pennsylvania
State University
Fracking Patents: The Emergence Of Patents As Information-Containment Tools In Shale Drilling, Daniel R. Cahoy, Joel Gehman, Zhen Lei
Michigan Telecommunications & Technology Law Review
The advantages of new sources of energy must be weighed against environmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. Information about extraction hazards is an extremely important issue. In general, patents are viewed as a positive force in this regard, providing a vehicle for disseminating information in exchange for a limited property right over an invention. However, by limiting the evaluation of an invention by third parties, patents might also be used to control …
New Priorities As The Endangered Species Act Turns 40,
2013
University of Idaho, College of Law
New Priorities As The Endangered Species Act Turns 40, Dale Goble
Articles
No abstract provided.
Winter 2013 Utton Center Newsletter,
2013
University of New Mexico
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Comments: The Hidden Cost Of Rod And Rifle: Why State Fish And Game Laws Must Be Amended In Order To Protect Against Unreasonable Search And Seizure In The Great Outdoors,
2013
University of Baltimore School of Law
Comments: The Hidden Cost Of Rod And Rifle: Why State Fish And Game Laws Must Be Amended In Order To Protect Against Unreasonable Search And Seizure In The Great Outdoors, Bryan M. Mull
University of Baltimore Law Review
No abstract provided.
Environmental Justice As An Essential Tool In Environmental Review Statutes: A New Look At Federal Policies And Civil Rights Protections And California’S Recent Initiatives, Alan Ramo
UC Law Environmental Journal
No abstract provided.
Bear Gultch, Pinnacles National Monument,
2013
UC Law SF
Bear Gultch, Pinnacles National Monument, Ashley Nance
UC Law Environmental Journal
No abstract provided.
The Intersection Between Urban Agriculture And Form-Based Zoning: A Return To Traditional Planning Techniques,
2013
UC Law SF
The Intersection Between Urban Agriculture And Form-Based Zoning: A Return To Traditional Planning Techniques, Joshua Yellin
UC Law Environmental Journal
No abstract provided.
Oil Companies And Their Branded Dealers’ Contaminated Gas Stations: The Case For Arranger Liability Under Washington’S And Alaska’S Environmental Cost Recovery Statutes, Sharman Braff
UC Law Environmental Journal
No abstract provided.
Chipmunks At Crater Lake, Oregon,
2013
UC Law SF
Chipmunks At Crater Lake, Oregon, Mark Bland
UC Law Environmental Journal
No abstract provided.
Adaptive Co-Management Thresholds: Understanding Protected Areas Policy As Normative Conflict,
2013
UC Law SF
Adaptive Co-Management Thresholds: Understanding Protected Areas Policy As Normative Conflict, Johnathan Liljeblad
UC Law Environmental Journal
No abstract provided.
Evaluating Economic Impact In Regulatory Takings Cases,
2013
UC Law SF
Evaluating Economic Impact In Regulatory Takings Cases, Daniel L. Siegel
UC Law Environmental Journal
No abstract provided.
