Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment,
2012
Pace Law School
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.
Hydrofracking: Disturbances Both Geological And Political: Who Decides?,
2012
Elisabeth Haub School of Law at Pace University
Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …
Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?,
2012
Elisabeth Haub School of Law at Pace University
Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Under the Beach and Shore Preservation Act, the State of Florida is authorized to conduct extraordinarily expensive beach renourishment projects to restore damaged coastal properties. The statute advances the State’s interest in repairing the damage to the coastal ecosystem and economy caused by hurricanes, high winds, and storm surges. The effect of a renourishment project conducted under the statute is to fix the legal boundary of the littoral property owner at an Erosion Control Line. Plaintiffs in Walton County v. Stop the Beach Renourishment, Inc. claimed that the statute took their common law property rights to their boundary, which would, …
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil,
2012
Elisabeth Haub School of Law at Pace University
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States,
2012
Elisabeth Haub School of Law at Pace University
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law,
2012
University of Missouri - Kansas City, School of Law
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Current Events: Reflections On Solar Power Generators' Ground Leasing Of Vacant Tracts,
2012
Bonnett, Fairbourn, Friedman & Balint, P.C.
Current Events: Reflections On Solar Power Generators' Ground Leasing Of Vacant Tracts, Michael N. Widener
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The New Fuel Frontier: Biomass Contracting,
2012
University of Maryland
The New Fuel Frontier: Biomass Contracting, L. Paul Goeringer, H. L. Goodwin, Michael Popp
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Valuing Derivative Suits In Mergers Of Food And Natural Resource Corporations Through Analyzing The Massey And Alpha Natural Resources Merger: Methods Of Ensuring Corporate Accountability And Maximizing Shareholder Value,
2012
University of Kentucky
Valuing Derivative Suits In Mergers Of Food And Natural Resource Corporations Through Analyzing The Massey And Alpha Natural Resources Merger: Methods Of Ensuring Corporate Accountability And Maximizing Shareholder Value, Robert Proudfoot
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
California's War Over The Bay-Delta: Historic Failures And Current Battles,
2012
Claremont McKenna College
California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao
CMC Senior Theses
California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water …
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations,
2012
University of New Mexico-Main Campus
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
Gas Marketing By The Operator Under A Joa—Unrecognized Regulatory Risks And Practical Solutions,
2012
Husch Blackwell LLP
Gas Marketing By The Operator Under A Joa—Unrecognized Regulatory Risks And Practical Solutions, William F. Demarest Jr.
Oklahoma Law Review
No abstract provided.
Is A Substantive, Non-Positivist United States Environmental Law Possible?,
2012
Chicago-Kent College of Law
Is A Substantive, Non-Positivist United States Environmental Law Possible?, Dan Tarlock
Michigan Journal of Environmental & Administrative Law
U.S. environmental law is almost exclusively positive and procedural. The foundation is the pollution control and biodiversity conservation statutes enacted primarily between 1969–1980 and judicial decisions interpreting them. This law has created detailed processes for making decisions but has produced few substantive constraints on private and public decisions which impair the environment. Several substantive candidates have been proposed, such as the common law, a constitutional right to a healthy environment, the public trust, and the extension of rights to fauna and flora. However, these candidates have not produced the hoped for substantive law. Many argue that a substantive U.S. environmental …
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012),
2012
UIC School of Law
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman
UIC Law Review
No abstract provided.
An Overview Of Online Resources For Climate Adaptation Policies Relating To New England Regional, State And Local Municipalities,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
An Overview Of Online Resources For Climate Adaptation Policies Relating To New England Regional, State And Local Municipalities, Nels Schnobrich
Sea Grant Law Fellow Publications
No abstract provided.
Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling
Sea Grant Law Fellow Publications
No abstract provided.
The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox
Sea Grant Law Fellow Publications
No abstract provided.
Current Resiliency Projects And Potential Partnership Opportunities,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman
Sea Grant Law Fellow Publications
No abstract provided.
Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon
Sea Grant Law Fellow Publications
No abstract provided.
Newport Harborwalk Public Access Issues,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
Newport Harborwalk Public Access Issues, Nicholas Paine
Sea Grant Law Fellow Publications
No abstract provided.
