NYU School of Law
William & Mary Law School
Seattle University School of Law
University of Arkansas, Fayetteville
Columbia Law School
University of Baltimore School of Law
University of Oklahoma College of Law
S.J. Quinney College of Law, University of Utah
Big Oil Liability In Canada: Lessons From The Us And The Netherlands,
2023
Schulich School of Law, Dalhousie University
Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu
Dalhousie Law Journal
The number of nuisance and negligence tort claims in the US against “Big Oil” companies have grown significantly in the last five years. The Netherlands case of Milieudefensie et al v Royal Dutch Shell represents the first major success of such a claim internationally. While the US cases and Milieudefensie demonstrate starkly different approaches as to how to seek accountability from Big Oil for climate change harms, the increasing judicial engagement on these issues may mean the time is right for similar lawsuits in Canada. Three Canadian common law causes of action are examined: nuisance, negligence, and unjust enrichment. Defences …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023,
2023
Roger Williams University School of Law
Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland
Life of the Law School (1993- )
No abstract provided.
Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice,
2023
University of Maryland Law School
Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy
Environmental and Earth Law Journal (EELJ)
Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …
Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports,
2023
Barry University School of Law
Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston
Environmental and Earth Law Journal (EELJ)
Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …
Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation,
2023
Barry University School of Law
Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds
Environmental and Earth Law Journal (EELJ)
To meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled …
Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals,
2023
Barry University School of Law
Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald
Environmental and Earth Law Journal (EELJ)
Introduced by manufacturing companies in the 1940s, Per-and polyfluorinated substances (“PFAS”) which consist of a group of over 6,000 chemicals, have insidiously made their way into the bloodstream of humans and into the environment. These nearly indestructible, “forever chemicals” that were once thought to be safe for use in firefighting foams, cosmetics, food packaging, non-stick cookware, and water-resistant clothing, are now found to be toxic. PFAS have been found in animals, aquatic life, and natural resources, and are associated with illnesses in humans: PFAS have been linked to various cancers, reproductive issues in women, and birth defects in children. As …
Impact Of The 45q Tax Credit On The Ownership Of Pore Spaces,
2023
University of Oklahoma College of Law
Impact Of The 45q Tax Credit On The Ownership Of Pore Spaces, Quinn Taylor
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Arc Of The Implied Covenant: An Analysis Of The Modern Implied Covenant To Reasonably Develop The Lease Premises,
2023
University of Oklahoma College of Law
The Arc Of The Implied Covenant: An Analysis Of The Modern Implied Covenant To Reasonably Develop The Lease Premises, Samuel Skupin
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Corporate Criminal Consequences Of The Deepwater Horizon Disaster,
2023
University of Oklahoma College of Law
Corporate Criminal Consequences Of The Deepwater Horizon Disaster, Charles Phillips
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Montana “2.0” Test For Tribal Civil Adjudicatory Jurisdiction: A Grain Of Rights,
2023
University of Oklahoma College of Law
The Montana “2.0” Test For Tribal Civil Adjudicatory Jurisdiction: A Grain Of Rights, Rosemary Mahaffey
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Why “Go Green” When You Can Stay Sooner Red?: An Analysis Of Oklahoma’S Energy Discrimination Act Of 2022,
2023
University of Oklahoma College of Law
Why “Go Green” When You Can Stay Sooner Red?: An Analysis Of Oklahoma’S Energy Discrimination Act Of 2022, Shivani Lalloo
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
To Clear The Air: Tennessee Gas Pipeline Company And Evolving National Acceptance Of Rsg Certification Standards,
2023
University of Oklahoma College of Law
To Clear The Air: Tennessee Gas Pipeline Company And Evolving National Acceptance Of Rsg Certification Standards, Grasyn Fuller
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2023
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights,
2023
Elisabeth Haub School of Law at Pace University
Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual
Pace International Law Review
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on environmental social and governance and increasing corporate accountability. It then expands on defining non- financial information and ESG reporting with regards to recent European Union Regulations (SFDR, Taxonomy) as well as the challenges associated with defining sustainable investments. This article aims to compare and understand the various regulatory strategies …
Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto,
2023
Bina Nusantara University
Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos
Indonesian Journal of International Law
Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …
The Green Future And The Golden Past: Issues And Approaches Regarding The Sustainability Of Historical Structures And Sites,
2023
Pace University
The Green Future And The Golden Past: Issues And Approaches Regarding The Sustainability Of Historical Structures And Sites, Steven Moctezuma
Pace Environmental Law Review
This Article illustrates the harmonies and conflict between historic preservation and environmental law in the context of urgently meeting climate change challenges. The Article presents an overarching analysis of the relationship between historic preservation and environmentalism, discerning unifying aspects and modern conflicts through statutory laws and case studies. It begins with detailing the parallel goals between the two causes, drawing on key similarities between the National Historic Preservation Act and the National Environmental Policy Act, the main tools for ensuring federal review for each field, and highlighting sustainable refurbishment as a prime example on achieving both ends with the same …
The Need To Reconceptualize Wild Animals Post-Covid 19: Miscoordination Of Wildlife Regulations In China’S Food Legal Order,
2023
Peking University School of Transnational Law
The Need To Reconceptualize Wild Animals Post-Covid 19: Miscoordination Of Wildlife Regulations In China’S Food Legal Order, Yi Seul Kim
Pace Environmental Law Review
Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article's analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.
Virtuous Cycles: The Interaction Of Public And Private Environmental Governance,
2023
Pace University
Virtuous Cycles: The Interaction Of Public And Private Environmental Governance, Elodie O. Currier
Pace Environmental Law Review
The climate crisis has provoked a call for action from all sides. Private governance, public regulation, and individual behavior are all vital pieces of our path toward decarbonization and climate adaptation. Despite this, some scholars and policymakers argue that private environmental governance undermines public efforts to regulate climate harms. This paper draws on existing scholarship in law, policy, and psychology to answer these critiques, proposing four taxonomies of beneficial public-private collaboration on environmental governance. It then applies these models, tracking the shift in U.S. environmental legislation from “polluter pays” to “beneficiary pays” strategies to show a shift from rivalry to …
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu,
2023
Universitas Indonesia
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo
Journal of Indonesian Tourism and Policy Studies
Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …
