Environmental Law Commons^™

The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker

Brigham Young University Journal of Public Law

No abstract provided.

When Government Intrudes: Regulating Individual Behaviors That Harm The Environment, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

Emerging environmental problems and technologies, coupled with the existence of mature regulatory regimes governing most industrial sources of pollution, reveal with new clarity the harms that individual behaviors can inflict on the environment. Changing how individuals impact the environment through their daily behaviors, however, requires a reorientation of environmental law and policy and a balancing of government prerogatives with individual liberty. A growing body of legal scholarship recognizes the environmental significance of individual behaviors, critiques the failure of law and policy to capture harms traceable to individuals, and suggests and evaluates strategies for capturing individual harms going forward. In this …

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.

The Practice Of Disaster Law, Clifford J. Villa

Faculty Scholarship

9/11…Katrina…the BP Oil Spill…Few of us probably want to say that our primary practice area is “Disaster Law,” but the reality is that it is an increasingly potent area of focus for many law firms. Clifford Villa tells us that 2011 was an unprecedented year for disasters in the United States, and unfortunately, like death and taxes—it likely will continue to grow.

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.

Alternative Strategies For Addressing The Presence And Effects Of Pharmaceutical And Personal Care Products In Fresh Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent years, new information has arisen to challenge this assumption. Chemicals from a wide variety of pharmaceutical and personal care products ("PPCPs"), their byproducts and endocrine disrupting compounds ("EDCs") have received growing attention from the water treatment and wastewater treatment community because of the ability of PPCPs to persist, or only partially degrade, in water and during wastewater treatment.

Several federal agencies, including the EnvironmentAl Protection Agency ("EPA"), the Food and Drug Administration ("FDA"), the U.S. Department of Agriculture ("USDA"), the U.S. Geological Survey ("USGS"), and the Centers for Disease Control and Prevention ("CDC"), have the potential to be …

Using Adr Principles To Resolve Environmental Disputes: How Mediated Settlements Have Helped Struggling Cercla Survive , Jamie R. Adams

Pepperdine Dispute Resolution Law Journal

The goal of this article is to show that the use of Alternative Dispute Resolution ("ADR") principles has made the remediation of numerous hazardous waste sites possible, and has thus enabled the struggling program to continue benefiting Americans everywhere. First, this article provides background information regarding the enactment of the Comprehensive Environmental Clean-up and Liability Act ("CERCLA") and its successor, the Superfund Amendments Reauthorization Act ("SARA"). Second, it explains why using ADR principles, instead of litigation, are vital methods of resolving CERCLA disputes. Third, three examples of major Superfund sites that were successfully cleaned up due to the use of …

Check-In, Attendees Of The Symposium

NJTIP Annual Symposium

Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium

Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster

Pepperdine Dispute Resolution Law Journal

This article explores the role that mediation can play in resolving the conflicts that are emerging in the climate change arena. Case studies describing mediation of disputes over air quality standards, timber harvesting, species protection, and ecosystems restoration, which resulted in consensus agreements among multiple, diverse stakeholder groups, demonstrate its applicability to the climate change arena. Mediation is not suited to every dispute or set of disputants. However, an analysis of the opportunities and constraints for addressing climate change disputes at the state, regional, and local levels suggests that mediated negotiations is well suited for resolving a number of the …

Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway

Pepperdine Dispute Resolution Law Journal

Signed into law in September 2008, California's Senate Bill 375 (SB 375) is the first statewide legislation in the nation to link transportation and land use planning to climate change. The law is lengthy and complex, but the central concept is simple: locate homes closer to jobs, services, and transit so that Californians drive less frequently, travel shorter distances, and reduce their greenhouse gas (GHG) emissions. This article examines the approach to public participation outlined in SB 375, and argues that a critical success factor is the design and execution of strategies by local governments to engage citizens in the …

South Pasadena: A Dialogue On Dialogue, Steve Zikman

Pepperdine Dispute Resolution Law Journal

In the last half century, South Pasadena has fought many land use related battles-from efforts to stop the extension of the 710 freeway (710) through the heart of the city, to the recent ballot measure (Measure SP) that sought to overturn the City Council's approval of the new Downtown Revitalization Plan. The pattern of engagement continues to be one of "us versus them," with locals assuming extremely polarized positions, escalating the level of mistrust and demonization, and further dividing the city's civic and social fabric. Mediators are typically called in to help stakeholders resolve specific land use conflicts. However, there …

Foreword , Steve Zikman

Pepperdine Dispute Resolution Law Journal

Taking It Upstream: Collaboration, Consensus Building & Sustainable Development-A Green Leadership (Un)conference was held at Pepperdine University's Graziadio Conference Center on September 25, 2009. In the spirit of collaboration, the symposium marked the first event jointly sponsored by the Straus Institute for Dispute Resolution and the Geoffrey H. Palmer Center for Entrepreneurship & the Law. The two journals have created special symposium editions comprised of papers authored by a number of the panelists, reflecting important trends in the evolution of conflict management and dispute resolution in the areas of multi-party environmental, land use, and public policy matters.

Between A Rock And A Hard Place: Transatlantic Efforts At A Supranational Climate Policy, Brianna Hand

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.

Legal And Regulatory Impediments To Vehicle-To-Grid Aggregation, Matthew Hutton, Thomas Hutton

William & Mary Environmental Law and Policy Review

This article begins by defining the “vehicle-to-grid” concept for a legal readership, and places it in context by discussing some major problems facing the United States electrical grid. There are several ways in which the vehicle-to-grid concept may potentially mitigate the grid’s problems as are described. Then, the article discusses the major legal and regulatory impediments to implementing a vehicle-to-grid program. Several of the hurdles are simply manifestations of uncertainties in the business environment. Others are more properly legal and regulatory impediments, but are expected to be surmountable. Therefore, the Article concludes that legal and regulatory impediments will not likely …

Nepa And The "Beneficial Impact" Eis, Shaun A. Goho

William & Mary Environmental Law and Policy Review

The National Environmental Policy Act (“NEPA”) requires that federal agencies prepare an environmental impact statement (“EIS”) for any major federal action “significantly affecting the quality of the human environment.” Some courts—in dicta—and some commentators have suggested that agencies must prepare an EIS for actions that will have significant beneficial impacts on the environment but no significant adverse impacts. In a recent case, the Ninth Circuit declined to address this question, but suggested that there was a circuit split on the issue.

In this Article, I argue that agencies do not need to prepare such a “Beneficial Impact” EIS. First, there …

Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman

William & Mary Environmental Law and Policy Review

No abstract provided.