An Alternate History Of Chevron, With A Lesson For Today,
2025
Benjamin N. Cardozo School of Law
An Alternate History Of Chevron, With A Lesson For Today, Michael E. Herz
Articles
It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …
An Introduction To U.S. Groundwater Law: Domestic And Transboundary Considerations,
2025
Texas A&M University School of Law
An Introduction To U.S. Groundwater Law: Domestic And Transboundary Considerations, Caleb Cook, Gabriel Eckstein
Faculty Scholarship
In light of the scientific and historical factors that have shaped the development of groundwater law and policy, this chapter seeks to provide a primarily descriptive account of its current state in the United States and to lay a foundation for future efforts to address gaps in the regime. Section 8B.02 considers the importance of groundwater in modern American society, with a particular focus on its uses and the threats these resources face. Section 8B.03 describes the U.S. framework for the domestic governance of groundwater resources. Section 8B.04 describes the mechanisms for transboundary governance of groundwater between the United States …
Corporate Scenarios: Drawing Lessons From History,
2025
Boston University School of Law
Corporate Scenarios: Drawing Lessons From History, Madison Condon
Faculty Scholarship
As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …
Human Rights Risks In Clean Energy Supply Chains: Racial Capitalism, Critical Minerals, And Corporate Responsibility,
2025
Boston University School of Law
Human Rights Risks In Clean Energy Supply Chains: Racial Capitalism, Critical Minerals, And Corporate Responsibility, Erika George
Faculty Scholarship
This paper argues that decarbonization will fail to deliver climate justice unless the transition to clean energy confronts the racialized political economy that has historically structured extractive activity and shaped international economic law. Grounding its analysis in racial capitalism, the paper contends that the growing demand for critical minerals risks reproducing patterns of exploitation, expropriation, and expulsion. Using lithium extraction in Chile as a case study, it shows how colonial legacies, dictator-era neoliberal reforms, and present-day regulatory architectures governing foreign investment and natural resource extraction have prioritized investors over human rights and the environment. Recent decisions of the International Court …
How Halal Certification And Islamic Ethics Tackle Greenwashing: New Solutions For A Sustainable Economy,
2024
Universitas Bengkulu
How Halal Certification And Islamic Ethics Tackle Greenwashing: New Solutions For A Sustainable Economy, Muhammad Afif Ryan Pratama
Journal Of Middle East and Islamic Studies
This research explores the role of halal certification and Islamic ethics in addressing greenwashing within the financial sector. Greenwashing, the practice of exaggerating environmental responsibility, undermines genuine sustainability efforts and trust among consumers and investors. Islamic finance, based on principles of transparency, social justice, and ethical business practices, provides a robust framework to counter such deceptive practices. The study proposes expanding halal certification to incorporate environmental standards, ensuring that companies demonstrate both ethical and sustainable practices. This integrated approach offers a unique solution to combat greenwashing and aligns with broader sustainability goals. By including sustainability in halal certification, the credibility …
Assessing State Laws And Regulations On Radon In Us Childcare Centers,
2024
Arkansas State University
Assessing State Laws And Regulations On Radon In Us Childcare Centers, Benjamin Poku, Sayed Hussaini
Journal of Global Awareness
In the US, radon is the second most significant contributor to lung cancer, following smoking. Despite this, there is a notable absence of state-level measures and guidelines aimed at managing and mitigating the risks associated with exposure to radon gas. The objective of this research was to investigate whether state-level laws regarding radon in childcare centers have a correlation with the proportion of counties in each state that fall under radon zone 1 (with levels exceeding 4 pCi/L). The research method was secondary analysis. Data was gathered from multiple sources, including the EPA radon website, academic journals, official state government …
Yellowstone National Park's Record Of Decision On Bison Management,
2024
University of Montana School of Law
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Public Land & Resources Law Review
Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.
Schutter V. State Board Of Land Commissioners,
2024
University of Montana School of Law
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Public Land & Resources Law Review
In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana,
2024
University of Montana School of Law
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Public Land & Resources Law Review
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …
Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality,
2024
University of Maine School of Law
Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality, Dale Lynn Gavin
Maine Law Review
Environmental impact statements (EISs) are prepared before any major federal project is undertaken, as required by the National Environmental Policy Act (NEPA). An original EIS may become obsolete if a Project's operation later changes in any significant way, or if previously unsuspected environmental impacts are later discovered. When either of these two events occurs, compliance with NEPA demands that a supplemental EIS be prepared to focus on the changes. The decision whether a supplement is required in any particular situation is guided by standards set by the Council on Environmental Quality (CEQ). In addition, some federal agencies have promulgated their …
Corner Post V. Board Of Governors Of Federal Reserve System,
2024
University of Montana School of Law
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Public Land & Resources Law Review
Corner Post v. Board of Governors of the Federal Reserve System resolved a circuit split on when claims against the federal government “accrue” under 28 U.S.C.A. § 2401(a). The Supreme Court clarified whether plaintiffs must file challenges within six years of a regulation’s enactment or may wait until they are directly affected by an agency action, even if that occurs years later. Examining the case’s factual and procedural background provides insight into the relevant regulatory context. The Court’s analysis offers a detailed interpretation of statutory language and establishes principles of claim accrual, alongside the policy considerations of regulatory finality and …
The Biopiracy Of Traditional Knowledge In United States Patent Law,
2024
University of Montana School of Law
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
Public Land & Resources Law Review
The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …
A Home Away From Home For Indigenous Environmental Justice,
2024
Osgoode Hall Law School of York University
A Home Away From Home For Indigenous Environmental Justice, Deborah Mcgregor
Articles & Book Chapters
No abstract provided.
The Public Trust Doctrine In Maine's Submerged Lands: Public Rights, State Obligation And The Role Of The Courts,
2024
University of Maine School of Law
The Public Trust Doctrine In Maine's Submerged Lands: Public Rights, State Obligation And The Role Of The Courts, Mitchell M. Tannenbaum
Maine Law Review
The State of Maine has within its borders over three thousand miles of coastline and numerous navigable rivers and lakes. The productive use of these waterways and the lands which lie beneath them historically has been linked to the quality of life within Maine and continues to be essential to the social and economic development of the state. Both the state's control over its thousands of acres of submerged lands and the public's right to use these lands derive from what has come to be known as the "public trust doctrine." The basic tenet of the doctrine is that the …
The Blm's Public Lands Rule And "Periodic Adjustments In Use To Conform To Changing Needs And Conditions" Under The Federal Land Policy And Management Act,
2024
S.J. Quinney College of Law, University of Utah
The Blm's Public Lands Rule And "Periodic Adjustments In Use To Conform To Changing Needs And Conditions" Under The Federal Land Policy And Management Act, Jamie Pleune
Pace Environmental Law Review
On May 9, 2024, the Bureau of Land Management (BLM) finalized new regulations, cumulatively referred to as the “Public Lands Rule.” According to the preamble for the rule, the purpose of the regulations is “to advance the BLM’s multiple use and sustained yield mission by prioritizing the health and resilience of ecosystems across public lands.” When making land management decisions, the definition of multiple use requires the BLM to take into account “the long-term needs of future generations.” Those resource needs include “recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values.” Despite this directive, …
Community Benefits And Alternative Energy Infrastructure Siting,
2024
Albany Law School
Community Benefits And Alternative Energy Infrastructure Siting, Edward W. De Barbieri
Pace Environmental Law Review
This essay studies the increasing use of community benefits frameworks in the siting of alternative energy infrastructure. It begins with a discussion of the community benefits agreement movement, the types of agreements that fall under the community benefits agreement frame, as well as the use of community benefits agreements at local law, and in different geographic contexts. Next, it introduces the increasing use of community benefits legal tools in the context of wind energy infrastructure siting. The second part of this essay presents an example of an agreement to share community benefits particularly in the context of federal subsidies through …
Expanding The Toolbox Of Sustainable Business Law: The Transnational Impacts Of The Eu Corporate Sustainability Due Diligence Directive (Csddd),
2024
University of Warsaw
Expanding The Toolbox Of Sustainable Business Law: The Transnational Impacts Of The Eu Corporate Sustainability Due Diligence Directive (Csddd), Anne-Marie Weber
Pace Environmental Law Review
The contemporary global economy relies extensively on interconnected value chains that often span different continents, presenting challenges when operations result in human rights violations or environmental damage. This has prompted the emergence of non-binding due diligence guidelines and binding laws in several countries, reflecting the necessity of fostering accountability in transnational business activities. The European Union’s adoption of the Corporate Sustainability Due Diligence Directive (CSDDD) on May 24th, 2024, represents a novel significant milestone in this trajectory. As a new instrument of binding transnational business law, the CSDDD aims to promote sustainable business practices, with implications extending beyond EU borders. …
A Transformative Era Of Action: How The Public Land And Private Sectors Are Realigning To Solve The Energy Transition And Climate Change,
2024
GE Verona
A Transformative Era Of Action: How The Public Land And Private Sectors Are Realigning To Solve The Energy Transition And Climate Change, Roger Martella, Jillian Lavery, Michael O'Hora
Pace Environmental Law Review
Over the last 50 years, environmental laws have transformed the areas we inhabit—and Planet Earth—for the better. Since the daybreak of the environmental law movement in 1970, our air and water are clearer, the lands we navigate are cleaner, and the food and products we consume are safer. Unfortunately, this same legal framework has not met the same success when tackling two of the biggest challenges of ours and future generations: the energy transition and climate change. Since the Supreme Court empowered the Environmental Protection Agency to act on climate change over fifteen years ago, conventional environmental laws and policies …
The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation,
2024
University of Maine School of Law
The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff
Maine Law Review
On October 12, 1984, a Chamber of the International Court of Justice handed down its decision in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area (Can. v. U.S.). By a vote of four to one, the Chamber described in geodetic lines the course of the single maritime boundary that divides the continental shelf and exclusive fishery zones of Canada and the United States in that area. The Chamber's decision ended more than a decade of conflict between the two countries concerning jurisdiction over continental shelf and fishery resources in the Georges Bank area. …
Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute,
2024
University of Maine School of Law
Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute, Ellen Kandoian, Brooke E. Barnes
Maine Law Review
The recent controversies surrounding the use of snowmobiles in Baxter State Park exemplify the human essence of the trust relationship and the law's awkwardness in addressing the inherently nonlegalistic principles of trust. Baxter State Park is an area of 201,018 acres in northern Maine, purchased by former Governor Percival Proctor Baxter and then donated to the State of Maine in trust. The park includes Mount Katahdin, the highest mountain in Maine and the head of the Appalachian Trail. As Chief Justice McKusick wrote in a recent decision construing the trust, "in its combination of size, uniqueness, permanence, and vision, his …
