Legal Issues Affecting Blue Carbon Projects On Publicly-Owned Coastal Wetlands,
2020
Senior Staff Attorney, Marine Affairs Institute, Roger Williams University School of Law
Legal Issues Affecting Blue Carbon Projects On Publicly-Owned Coastal Wetlands, Read Porter, Cody Katter, Cory Lee
Sea Grant Law Fellow Publications
Coastal wetlands play an important role in sequestering atmospheric carbon, but these ecosystems are under threat from sea level rise, land use conversion, and other causes. Restoration projects in coastal wetlands can provide a range of benefits for habitat and ecosystems, including by increasing sequestration of “blue carbon.” Coastal wetland restoration projects that effectively sequester carbon and meet the requirements of the voluntary carbon market can generate tradeable carbon offsets, which have a monetary value and can be used to finance all or part of the restoration needed to generate them. Blue carbon offsets thus represent a promising tool to …
Recent Case Decisions,
2020
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Aapl Form Joa And Non-Paying Participants—“Mr. Green Leisure Suit” Revisited,
2020
University of Oklahoma College of Law
The Aapl Form Joa And Non-Paying Participants—“Mr. Green Leisure Suit” Revisited, Paul G. Yale
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Framework For Responsible Solar Panel Waste Management In The United States,
2020
University of Oklahoma College of Law
A Framework For Responsible Solar Panel Waste Management In The United States, Meghan Mcelligott
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Watering The Forest For The Trees: An Examination Of Basin Groundwater Use And Management In Energy Producing States,
2020
University of Oklahoma College of Law
Watering The Forest For The Trees: An Examination Of Basin Groundwater Use And Management In Energy Producing States, Kimberly A. Wurtz
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Regulating And Watchful Law: Oil And Gas Conservation Law & The North Dakota Industrial Commission,
2020
University of Oklahoma College of Law
A Regulating And Watchful Law: Oil And Gas Conservation Law & The North Dakota Industrial Commission, Grayson P. Walker
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Breaking Joint Venture Agreement Deadlocks: Before The Texas Shoot-Out, Try A Texas Shout-Out,
2020
University of Oklahoma College of Law
Breaking Joint Venture Agreement Deadlocks: Before The Texas Shoot-Out, Try A Texas Shout-Out, Norman Nadorff, Quinncy Mcneal
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2020
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Veronica Threadgill
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Montana Environmental Information Center V. Department Of Environmental Quality,
2020
lexander Blewett III School of Law at the University of Montana
Montana Environmental Information Center V. Department Of Environmental Quality, Anthony P. Reed
Public Land & Resources Law Review
The DEQ renewed a 1999 MPDES Permit on September 14, 2012 that allowed Western Energy Company to discharge pollutants from the Rosebud Mine into streams. Environmental groups MEIC and the Sierra Club sued, arguing this violated both the Montana Water Quality Act and federal Clean Water Act because the DEQ’s interpretation of its own regulations that exempted waters with ephemeral characteristics from water quality standards was arbitrary and capricious. The district court agreed, but the Montana Supreme Court reversed. It held the DEQ’s interpretation was lawful and remanded for further fact finding to assess how the DEQ applied the interpretation …
Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects,
2020
Elisabeth Haub School of Law at Pace University
Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle
Pace Environmental Law Review
No abstract provided.
Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?,
2020
Elisabeth Haub School of Law at Pace University
Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan
Pace Environmental Law Review
No abstract provided.
Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination,
2020
Elisabeth Haub School of Law at Pace University
Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald
Pace Environmental Law Review
Over the past few decades, studies addressing the harms of PFAS have gradually progressed, and now scientists believe increased exposure could lead to reproductive defects and a higher risk of cancer. Given the amplified concern surrounding these pervasive chemicals, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act of 1976, states looking to regulate the manufacturing or looking to ratify a state- wide ban on the manufacturing of such chemicals may face preemption under actions taken by the United …
How Clean Is Clean?: An Analysis On The Difference Between The Affordable Clean Energy Rule And The Clean Power Plan And Why States Should Adhere To Stricter Emissions Standards,
2020
Georgetown Climate Center
How Clean Is Clean?: An Analysis On The Difference Between The Affordable Clean Energy Rule And The Clean Power Plan And Why States Should Adhere To Stricter Emissions Standards, Katherine Mccormick
Pace Environmental Law Review
No abstract provided.
Biodiversity Impacts Of Investment And Free Trade Agreements,
2020
Pace University
Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick
Pace Environmental Law Review
The following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference …
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation,
2020
Pace University
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Pace Environmental Law Review
No abstract provided.
Beyond The Antiquities Act: Can The Blm Reconcile Energy Dominance And National Monument Protection?,
2020
S.J. Quinney College of Law, University of Utah
Beyond The Antiquities Act: Can The Blm Reconcile Energy Dominance And National Monument Protection?, John C. Ruple, Heather Tanana
Wallace Stegner Center for Land, Resources, and the Environment publications
On December 4, 2017, President Donald J. Trump carved more than 2 million acres from the Bears Ears and Grand Staircase-Escalante national monuments. He also directed federal land managers to prepare management plans for both monuments. Draft plans have been released, and the preferred alternative under both plans promotes right-of-way development, minerals exploration, livestock grazing, and other traditional uses over protection of monument resources. Our paper argues that this approach violates both the Federal Land Policy and Management Act and the Omnibus Public Lands Act of 2009 because these statutes require the Bureau of Land Management to emphasize protection of …
Does Nepa Help Or Harm Esa Critical Habitat Designations? An Assessment Of Over 600 Critical Habitat Rules,
2020
S.J. Quinney College of Law, University of Utah
Does Nepa Help Or Harm Esa Critical Habitat Designations? An Assessment Of Over 600 Critical Habitat Rules, John C. Ruple, Michael J. Tanana, Merrill M. Williams
Wallace Stegner Center for Land, Resources, and the Environment publications
This paper tests whether impact analysis pursuant to the National Environmental Policy Act delays federal decision making, and whether the NEPA process results in significant changes to the substance of federal decisions. We reviewed 636 rules designating critical habitat for species that are protected by the Endangered Species Act. Because of a circuit court split, some of these rules were subject to NEPA analysis while others were not. In comparing these two groups we found that rules that underwent NEPA analysis were completed more than three months faster than rules that were exempted from NEPA review. We also found that …
Chapter 7: Wild Places And Irreplaceable Resources: Protecting Wilderness And National Monuments,
2020
S.J. Quinney College of Law, University of Utah
Chapter 7: Wild Places And Irreplaceable Resources: Protecting Wilderness And National Monuments, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
This chapter is really two chapters in one in that it discusses wilderness, both as an idea that has had an evolving meaning, and as a legal construct. This chapter also discusses national monuments on our public lands, another legal construct that has been used to protect a wide range of resources, including wilderness character. To be sure, these areas overlap, but that overlap is far from complete, and the objectives underpinning these two designations, while complimentary, are not identical.
Chapter 2: Western Public Land Law And The Evolving Management Landscape,
2020
S.J. Quinney College of Law, University of Utah
Chapter 2: Western Public Land Law And The Evolving Management Landscape, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
Our nation’s history, and the history of the lands that we inhabit, are inextricably intertwined. Ranchers, miners, loggers, and intrepid homesteaders of the Old West embodies manifest destiny era ideals that set our nation on a trajectory which continues to shape the choices we make today. Laws enacted to speed westward expansion and resolve land ownership indelibly marked the Western landscape, where the vast majority of our public lands are found today.
The US government acquired the Western frontier with federal blood and treasure, and then enacted laws conveying much of that landscape to states, railroads, and the indomitable men …
Climate Change, Sustainability, And The Failure Of Modern Property Theory,
2020
Washington and Lee University School of Law
Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley
Scholarly Articles
Property rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. Property sets our cultural norms about how much the government can or should control the uses of land. The goals of this Article are to (1) historically demonstrate the failures of sociallyoriented property theory as they are represented in the analytical framework of doctrines such as …
