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 …
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, …
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.
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause,
2012
University of Colorado Law School
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Publications
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, particularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization,
2012
University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Valuing Art In An Estate: New Concerns,
2012
Loyola University Chicago School of Law
Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
State And Local Responses To Climate Change Through Hazard Adaptation Measures: White Paper Synthesizing Innovative State And Local Climate Change Adaptation Strategies,
2012
Roger Williams University
State And Local Responses To Climate Change Through Hazard Adaptation Measures: White Paper Synthesizing Innovative State And Local Climate Change Adaptation Strategies, Marine Affairs Institute, Roger Williams University School Of Law
Sea Grant Law Fellow Publications
No abstract provided.
The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme
Sea Grant Law Fellow Publications
No abstract provided.
The Role Of International Law In Intrastate Natural Resource Allocation,
2012
Vanderbilt University Law School
The Role Of International Law In Intrastate Natural Resource Allocation, Lillian A. Miranda
Vanderbilt Journal of Transnational Law
State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a gap in the existing literature by identifying and analyzing emerging international law approaches that impact the intrastate allocation of land and natural resources to historically marginalized communities, and thereby, carve away at states' top-down decision-making authority over development. It argues that while international law may have only been originally concerned with the allocation of …
Wilderness, Water, And Climate Change,
2012
Alexander Blewett III School of Law at the University of Montana
Wilderness, Water, And Climate Change, Sandra B. Zellmer
Faculty Law Review Articles
As the nation searches for climate mitigation and adaptation strategies, the pressure to develop water resources within wilderness areas and to exploit the timber, forage, wildlife, fish, and other virtually untapped components of wilderness will become more acute. This Article makes the case that managers and legislatures should not yield to this pressure and argues that, if anything, the need to preserve untrammeled wilderness characteristics is just as imperative today as it was in 1964 when the Wilderness Act was passed The Article examines the potency of the Wilderness Act and a trio of federal water law doctrines-federally reserved water …
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies,
2012
University of Nebraska College of Law
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman
Nebraska College of Law: Faculty Publications
The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …
A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas,
2012
Georgetown University Law Center
A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Government regulation and licensing of industrial activities that create the possibility of catastrophic risk reflect “a political value judgment that these activities provide a social benefit that is greater than the social cost of the risks that they cause.” However, when a catastrophic accident occurs, the cost-benefit evaluations underlying the value judgment that authorized the activity may need to be rethought. Social rethinking is especially warranted when the accident could have been prevented had either the industry or the government more seriously assessed the risk of a catastrophic event and implemented precautionary steps to avoid it. This was the conclusion …
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.
Fire Losses And Conflicting Judicial Rulings Over Whether Property Insurers Must Indemnify Insureds And Pay Third-Party Claims - Some Implications For Wildfire Litigation In Texas's Courts,
2012
St. Mary's University School of Law
Fire Losses And Conflicting Judicial Rulings Over Whether Property Insurers Must Indemnify Insureds And Pay Third-Party Claims - Some Implications For Wildfire Litigation In Texas's Courts, Willy E. Rice
Faculty Articles
Wildfires in Texas have generated two interrelated questions: (1) whether insurers have a duty to indemnify residential and commercial property owners if a wild forest, brush, grass, or prairie fire destroys homeowners' property in Texas, and (2) whether insurers have a duty to pay or settle third-party claims in Texas if a property owner starts a fire on her property, which evolves into a wildfire and destroys a third party's residential or commercial property.
The Water Marketing Solution,
2012
University of Colorado Law School
