Front Matter,
2016
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
University of San Francisco
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Agdaagux Tribe Of King Cove V. Jewell,
2015
Alexander Blewett III School of Law at the University of Montana
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
When Winning Means Losing: Why A State Takeover Of Public Lands May Leave States Without The Minerals They Covet,
2015
S.J. Quinney College of Law, University of Utah
When Winning Means Losing: Why A State Takeover Of Public Lands May Leave States Without The Minerals They Covet, Robert B. Keiter, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
This White Paper, the third in a series assessing state efforts to take over federal public lands, addresses state claims to the minerals underlying those lands. Using Utah as an example, we argue here that even if states overcome extremely long odds to convince a court that the federal government is obligated to dispose of more public land, and that such a disposal obligation necessitates giving the public domain to the states, well established legal principles would prevent grants of most mineral lands to the states. Moreover, any mineral rights that states did obtain would be realized only after years …
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year,
2015
Elisabeth Haub School of Law at Pace University
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Adopting land use regulations that encourage solar and other clean energy systems is an essential strategy for promoting clean power and one that focuses on the essential role that local governments play in mitigating climate change. This article explores efforts at the state and local level to reform zoning and land use regulations to permit, encourage, require, and incentivize rapidly-evolving clean energy systems, particularly solar, that, in the aggregate, have the ability to significantly increase power generation and decrease carbon emissions. The article illustrates how zoning, as it approaches its 100th anniversary, is encrusted with provisions that prohibit or discourage …
Water, Water, Everywhere: Surface Water Liability,
2015
Washington and Lee University School of Law
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Emergency Takings,
2015
Brooklyn Law School
Uncloaking The Secrecy Behind Large-Scale Land Deals,
2015
Columbia Law School, Columbia Center on Sustainable Development
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff,
2015
Roger Williams University
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography
School of Law Conferences, Lectures & Events
No abstract provided.
We Built This City: Public Participation In Land Use Decisions In Singapore,
2015
Singapore Management University
We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja’s …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015),
2015
University of Montana - Missoula
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster,
2015
Georgia State University College of Law
Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall
Faculty Publications By Year
Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …
Building Codes To Minimize Cover Collapses In Sinkhole-Prone Areas,
2015
National Cave and Karst Research Institute
Building Codes To Minimize Cover Collapses In Sinkhole-Prone Areas, George Veni, Connie Campbell Brashear, Andrew Glasbrenner
Sinkhole Conference 2015
Cover- collapse sinkholes are forming with increasing frequency under buildings. Analyses of sinkhole distribution in Beacon Woods, Florida, preliminarily indicate their occurrence is an order of magnitude greater in urban versus undeveloped areas, suggesting the structures themselves are enhancing the collapse process. The most likely causes are induced recharge via at least one of two sources. First, runoff and drainage from roads, structures, and impoundments that is not adequately dispersed will promote sinkhole development. Second, leaking water, sewer, and septic systems beneath or adjacent to a structure will also promote collapse. The process of cover-collapse from induced recharge is well …
Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty,
2015
Barry University School of Law
Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh
Environmental and Earth Law Journal (EELJ)
Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.
Earthonomics: Balancing Between Earth And Business,
2015
Barry University School of Law
Earthonomics: Balancing Between Earth And Business, Yazen Abdin
Environmental and Earth Law Journal (EELJ)
Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood,
2015
Barry University
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Environmental and Earth Law Journal (EELJ)
There are over 9,000 Formerly Used Defense Sites in the United States. One of these sites, the Pine Castle Jeep Range, was located in what is now east Orlando. As a defense site during World War II, the area was intentionally bombarded with among other things, explosive and chemical bombs. Fifty years later, a population boom drew many to purchase their homes in the same area. This article examines the history of the Pine Castle Jeep Range and the issues resulting from subsequent increase in population. The author hopes this article will provide practical legal and technological advice for other …
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century,
2015
Barry University Dwayne O. Andreas School of Law
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd
Environmental and Earth Law Journal (EELJ)
In this lead article, the authors build on the idea that we do not need more environmental law in response to the deteriorating health of the natural world. Rather, they argue that what is needed are different approaches to managing human relationships with the earth. They argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. The authors will outline the origins and key elements of the Earth …
Barriers To Neighborhood Wildlife Habitats: Is Lawn Uniformity Worth Biodiversity Loss?,
2015
Barry University
Barriers To Neighborhood Wildlife Habitats: Is Lawn Uniformity Worth Biodiversity Loss?, Sonya Cunningham
Environmental and Earth Law Journal (EELJ)
Local ordinances and covenants, conditions or restrictions (CCRs) usually create barriers to wildlife habitats in neighborhoods. Fortunately, it is possible under limited circumstances for a homeowner to have a wildlife habitat in their lawn. This comment will provide and overview of those limited circumstances, as well as provide steps to challenge the enforcement of ordinances and CCRs. In addition, this define and examine the concept of biodiversity and biodiversity loss.
Texas Colonias: Injustice By Definition,
2015
Barry University School of Law
Texas Colonias: Injustice By Definition, Caitlin Lewis
Environmental and Earth Law Journal (EELJ)
Colonias are usually characterized as rural or semi-rural slums inhabited by Mexican-origin immigrants and Mexican Americans. This Comment examines the socioeconomic and environmental burdens faced by Texas colonias and the public and private attempts to address these hardships.
Perspectives - William Morrish, Professor Of Urban Ecologies At Parsons The New School For Design,
2015
New York Law School
Perspectives - William Morrish, Professor Of Urban Ecologies At Parsons The New School For Design, James Hagy
Rooftops Project
How can arts organizations with an aspiration to build their own facilities connect project design both with the broader community and with financial sustainability? The Rooftops Project’s Zulaihat Nauzo and Professor James Hagy talk with William Morrish, Professor of Urban Ecologies at Parsons The New School for Design.
