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Natural Resources Law Commons

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The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl 2023 Vanderbilt University Law School

The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl

Pace Environmental Law Review

Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.


Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman 2023 Pace University

Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman

Pace Environmental Law Review

Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.


A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi 2023 Vanderbilt University

A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi

Pace Environmental Law Review

Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …


Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty 2023 Yale Faculty Account

Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty

Pace Environmental Law Review

In this issue, Professors Elliott and Esty expand on their original proposal and respond to critics.2 They apply their perspectives as practitioners, as well as academics, to develop their vision for environmental law in the 21st century. They establish three legal duties that should apply to entities that release potentially harmful materials into the environment. Professors Elliott and Esty contend that such entities have a duty (1) of research and disclosure to assure the public that any environmental releases are not harmful, (2) to minimize harm if they fail to demonstrate the releases are harmless, and (3) to compensate those …


Introduction, Gabriella Mickel, Samantha Blend 2023 Pace University

Introduction, Gabriella Mickel, Samantha Blend

Pace Environmental Law Review

No abstract provided.


The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric VR Hryniewicz 2023 Dartmouth College

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …


Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2023 Case Western Reserve University School of Law

Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-23 - to 2022-236 (Plug Orders)


Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2023 Case Western Reserve University School of Law

Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-23 - to 2022-236 (Plug Orders)


Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2023 Case Western Reserve University School of Law

Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-23 - to 2022-236 (Plug Orders)


Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2023 Case Western Reserve University School of Law

Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-23 - to 2022-236 (Plug Orders)


Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2023 Case Western Reserve University School of Law

Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-23 - to 2022-236 (Plug Orders)


Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2023 Case Western Reserve University School of Law

Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-23 - to 2022-236 (Plug Orders)


Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District, Zachary J. ThummBorst 2023 Villanova University Charles Widger School of Law

Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District, Zachary J. Thummborst

Villanova Environmental Law Journal

No abstract provided.


A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam 2023 Villanova University Charles Widger School of Law

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal

No abstract provided.


Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco 2023 Villanova University Charles Widger School of Law

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal

No abstract provided.


Court Cases Turned Trojan Horse: Examining The Future Of The Endangered Species Act And Environmental Protection After Friends Of Animals V. Haaland, Brianna Manobianco 2023 Villanova University Charles Widger School of Law

Court Cases Turned Trojan Horse: Examining The Future Of The Endangered Species Act And Environmental Protection After Friends Of Animals V. Haaland, Brianna Manobianco

Villanova Environmental Law Journal

No abstract provided.


On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams 2023 Villanova University Charles Widger School of Law

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal

No abstract provided.


Recent Case Decisions, 2023 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Evolving Trends In Production Sharing Agreements & Cost Recovery Systems, Eduardo G. Pereira, Reg Fowler, Thomas Stephens, Alicia Elias-Roberts, André Lemos, Wan Mohd Zulhafiz Wan Zahari, Reyhan Kamil, Nurzhan Kakimov 2023 University of Oklahoma College of Law

Evolving Trends In Production Sharing Agreements & Cost Recovery Systems, Eduardo G. Pereira, Reg Fowler, Thomas Stephens, Alicia Elias-Roberts, André Lemos, Wan Mohd Zulhafiz Wan Zahari, Reyhan Kamil, Nurzhan Kakimov

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Life After Sixty: Subsequent License Renewals And Criticisms Of N.R.C. Licensing, Cameron Tarry Hughes 2023 University of Oklahoma College of Law

Life After Sixty: Subsequent License Renewals And Criticisms Of N.R.C. Licensing, Cameron Tarry Hughes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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