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Standing In Monsanto Co. V. Geertson Seed Farms: Using Economic Injury As A Basis For Standing When Environmental Harm Is Difficult To Prove, Bradford Mank 2012 University of Cincinnati College of Law

Standing In Monsanto Co. V. Geertson Seed Farms: Using Economic Injury As A Basis For Standing When Environmental Harm Is Difficult To Prove, Bradford Mank

Faculty Articles and Other Publications

Many of the Supreme Court’s important standing cases have involved environmental disputes. Most recently, in 2010, the Court again addressed standing in an environmental dispute, Monsanto Co. v. Geertson Seed Farms. In Monsanto, the Court did not announce a new standing doctrine. Nevertheless, the Court recognized that an environmental plaintiff may sue without proof of actual environmental harm if it can demonstrate that he or she may suffer economic losses from testing and mitigation measures related to a threatened harm. During the oral argument in Monsanto, Justice Scalia expressed skepticism that the plaintiffs could prove that the …


Our Generation's Sputnik Moment: Regulating Energy Innovation, Joseph P. Tomain 2012 University of Cincinnati College of Law

Our Generation's Sputnik Moment: Regulating Energy Innovation, Joseph P. Tomain

Faculty Articles and Other Publications

In his 2011 State of the Union Address, President Obama stressed the necessity of innovation as the key to unlocking our economic future. More pointedly, he stated that now is "our generation's Sputnik moment." Just as the United States responded to national security threats posed by a cold war Russia, today we must respond to threats to our economy and our environment, as well as to our national security, posed by an oil addiction that we have not been able to break for over half a century. The intertwined needs to provide sufficient energy, environmental protection, and a vibrant economy …


Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble 2012 University of Idaho, College of Law

Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble

Articles

Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …


The Right Of Nonuse, Jan G. Laitos 2012 University of Denver

The Right Of Nonuse, Jan G. Laitos

Sturm College of Law: Faculty Scholarship

The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It reexamines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue …


Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff 2012 Florida A&M University College of Law

Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff

Florida A & M University Law Review

No abstract provided.


Hydraulic Fracturing And Information Forcing, Hannah J. Wiseman 2012 Florida State University College of Law

Hydraulic Fracturing And Information Forcing, Hannah J. Wiseman

Scholarly Publications

No abstract provided.


Table Of Contents, Colorado Journal of International Environmental Law and Policy 2012 University of Colorado Law School

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


Reading The Standing Tea Leaves In American Electric Power V. Connecticut, Bradford Mank 2012 University of Cincinnati College of Law

Reading The Standing Tea Leaves In American Electric Power V. Connecticut, Bradford Mank

Faculty Articles and Other Publications

In American Electric Power v. Connecticut (AEP), the U.S. Supreme Court by an equally divided vote of four to four affirmed the Second Circuit’s decision finding standing and jurisdiction in the case. Even though it did not announce the identities of the justices who voted for standing and against standing, the AEP decision took the unusual step of providing some explanation for how the Court divided on the standing question, and, as a result, provided important information about the positions of the justices on the issue. While it is not binding as a decision for the lower courts except …


New Models For The Compensation Of Natural Resources Damage, Michael Faure, Jing Liu 2012 Maastricht University

New Models For The Compensation Of Natural Resources Damage, Michael Faure, Jing Liu

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Monsanto Co. V. Geerston Seed Farms: Limiting District Courts' Equitable Discretion To Grant Permanent Injunctions For Nepa Violations, Nicole E. Grimm 2012 University of Maryland Francis King Carey School of Law

Monsanto Co. V. Geerston Seed Farms: Limiting District Courts' Equitable Discretion To Grant Permanent Injunctions For Nepa Violations, Nicole E. Grimm

Journal of Business & Technology Law

No abstract provided.


A State-Based National Network For Effective Wildlife Conservation, Dale Goble 2012 University of Idaho, College of Law

A State-Based National Network For Effective Wildlife Conservation, Dale Goble

Articles

State wildlife conservation programs provide a strong foundation for biodiversity conservation in the United States, building on state wildlife action plans. However, states may miss the species that are at the most risk at rangewide scales, and threats such as novel diseases and climate change increasingly act at regional and national levels. Regional collaborations among states and their partners have had impressive successes, and several federal programs now incorporate state priorities. However, regional collaborations are uneven across the country, and no national counterpart exists to support efforts at that scale. A national conservation-support program could fill this gap and could …


Winter Creek, Michael Bland 2012 UC Law SF

Winter Creek, Michael Bland

UC Law Environmental Journal

No abstract provided.


Alive But Irrelevant: The Prior Appropriation Doctrine In Today’S Western Water Law, Reed D. Benson 2012 University of New Mexico - School of Law

Alive But Irrelevant: The Prior Appropriation Doctrine In Today’S Western Water Law, Reed D. Benson

Faculty Scholarship

The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and use in the American West, but it has been under pressure from forces both external and internal to the western states. Twenty years ago, Prior Appropriation was pronounced dead in a provocative essay by Charles Wilkinson. Other scholars argued that it was still alive, but it now appears to have lost its force as the controlling doctrine of western water law. This Article analyzes three recent cases upholding state laws that undermine a fundamental Prior Appropriation principle, then considers the water policy implications of the …


Signs, Signs, Everywhere Signs: The Wilderness Society V. Kane County Leaves Everyone Confused About Navigating A Right-Of-Way Claim Under Revised Statute 2477, Hillary M. Hoffmann 2012 UC Law SF

Signs, Signs, Everywhere Signs: The Wilderness Society V. Kane County Leaves Everyone Confused About Navigating A Right-Of-Way Claim Under Revised Statute 2477, Hillary M. Hoffmann

UC Law Environmental Journal

No abstract provided.


Tidal Zone, Chloe Angelis 2012 UC Law SF

Tidal Zone, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


It’S A Question Of Proportionality: Proposition 26’S Impacts On Funding For The Global Warming Solutions Act Of 2006, Mary Holing 2012 UC Law SF

It’S A Question Of Proportionality: Proposition 26’S Impacts On Funding For The Global Warming Solutions Act Of 2006, Mary Holing

UC Law Environmental Journal

No abstract provided.


Frozen Cathedral, Michael Bland 2012 UC Law SF

Frozen Cathedral, Michael Bland

UC Law Environmental Journal

No abstract provided.


Bringing The Green To Green: Would The Legalization Of Marijuana In California Prevent The Environmental Destruction Caused By Illegal Farms?, Dana Kelly 2012 UC Law SF

Bringing The Green To Green: Would The Legalization Of Marijuana In California Prevent The Environmental Destruction Caused By Illegal Farms?, Dana Kelly

UC Law Environmental Journal

No abstract provided.


Colorado River, Chloe Angelis 2012 UC Law SF

Colorado River, Chloe Angelis

UC Law Environmental Journal

No abstract provided.


The Lone Plover, Anonymous Anonymous 2012 UC Law SF

The Lone Plover, Anonymous Anonymous

UC Law Environmental Journal

No abstract provided.


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