Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate,
2012
University of Washington School of Law
Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate, Trisna Tanus
Washington Journal of Environmental Law & Policy
The potential for oil production in the Arctic National Wildlife Refuge (ANWR) coastal plain, otherwise known as the 1002 Area, is significant, with a current value of $770 billion. Yet, there are considerable knowledge gaps and disagreements over the environmental impacts of oil development in ANWR. The Fish and Wildlife Service (FWS) manages ANWR and is tasked with advancing the refuge’s mission of ecological conservation. Before it can approve oil development in ANWR, the FWS is statutorily required to ensure that oil development is compatible with ANWR’s mission. This Comment argues that the precautionary principle is embedded within the laws …
Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal,
2012
Chicago-Kent College of Law
Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel
Chicago-Kent Law Review
The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …
The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York,
2012
Pace University School of Law
The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti
Elisabeth Haub School of Law Student Publications
This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction …
Water Bankruptcy,
2012
University of Florida Levin College of Law
Water Bankruptcy, Christine A. Klein
UF Law Faculty Publications
Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although this distress sounds like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system of water law, which allocates the right to use water under the priority principle of “first in time, first in right.” In many states, the system is so “over-allocated” that it promises to deliver annually much more water than nature provides. The crisis will deepen as …
End Of The Line: Tracking The Commodity Chain Of The Electronic Waste Industry,
2012
Western Michigan University
End Of The Line: Tracking The Commodity Chain Of The Electronic Waste Industry, Jacquelynn A. Doyon
Dissertations
This study examines the transfer of electronic waste (e-waste) from core to peripheral nations, specifically coastal nations in Africa. The theoretical perspective marries green criminology with world systems theory in examining the ways in which marginalized populations bear the burden of hazardous waste disposal across the globe. The study is comparative, looking at legislation in the United States as well as international legislation and enforcement, and also employs case study methodology, contrasting e-waste disposal in Nigeria and Ghana. The final intent of this research is to determine whether or not the violation of national and/or international legislation regarding the transfer …
A Palace Full Of Wetlands Enthusiasts,
2012
University at Buffalo School of Law
A Palace Full Of Wetlands Enthusiasts, Kim Diana Connolly
Other Scholarship
No abstract provided.
Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information,
2012
Benjamin N. Cardozo School of Law
Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles Yablon, Nick Landsman-Roos
Cardozo Law Review
This Article provides the first extended academic consideration of a new practice adopted by an increasing number of courts to resolve e-discovery disputes - the sampling of a small portion of the information sought in backup or other relatively inaccessible files. We provide a comprehensive overview and statistical analysis of contemporary sampling techniques, identifying issues where sampling practice is inconsistent or where additional guidance appears to be required. Our aim is to provide a coherent theoretical approach to the use of sampling, suggesting "best practices" for many unresolved issues, and locating sampling practice within broader contemporary debates about discovery.
Shockwave: Lender Liability Under Cercla After United States V. Fleet Factors Corporation,
2012
Pepperdine University
Shockwave: Lender Liability Under Cercla After United States V. Fleet Factors Corporation, Nicholas M. Kublicki
Pepperdine Law Review
No abstract provided.
Red, White, And Green: A Federal Sustainability Vision For The National Capital,
2012
William & Mary Law School
Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform,
2012
William & Mary Law School
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
William & Mary Environmental Law and Policy Review
Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …
Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas,
2012
William & Mary Law School
Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff
William & Mary Environmental Law and Policy Review
No abstract provided.
Reliable Science: Overcoming Public Doubts In The Climate Change Debate,
2012
William & Mary Law School
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland
William & Mary Environmental Law and Policy Review
No abstract provided.
A Legislative Solution To Environmental Protection In Military Action Overseas,
2012
William & Mary Law School
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
William & Mary Environmental Law and Policy Review
No abstract provided.
Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?,
2012
William & Mary Law School
Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske
William & Mary Environmental Law and Policy Review
No abstract provided.
Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act,
2012
William & Mary Law School
Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald
William & Mary Environmental Law and Policy Review
No abstract provided.
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform,
2012
Pepperdine University
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
Pepperdine Law Review
No abstract provided.
Tribal Consultation For Large-Scale Projects: The National Historic Preservation Act And Regulatory Review,
2012
Pace University School of Law
Tribal Consultation For Large-Scale Projects: The National Historic Preservation Act And Regulatory Review, S. Rheagan Alexander
Pace Law Review
No abstract provided.
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives,
2012
Pepperdine University
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development,
2012
Pepperdine University
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms
Pepperdine Law Review
No abstract provided.
Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law,
2012
Pepperdine University
Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller
Pepperdine Law Review
No abstract provided.
