Cutting The Mussel's Threads: A Legal Perspective On Invasive Species,
2024
University of Montana
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains,
2024
University of Montana
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.
Editors And Staff Members,
2024
University of Montana
A Bill Of Thirst: How Congress Can Support Interstate Water Markets,
2024
Penn State Dickinson Law
A Bill Of Thirst: How Congress Can Support Interstate Water Markets, Jakob Haws
Dickinson Law Review (2017-Present)
Addressing modern-day water scarcity will likely require legal mechanisms to facilitate efficient water transfers between states. One such mechanism is a water market. Water markets promote more efficient water consumption and abound within states, but generally do not exist between states. This absence stems from protectionist state laws and from interstate water compact provisions which govern and allocate shared water sources. While useful in many regards, interstate water compacts often impose unnecessary legal obstacles against innovative drought-mitigating measures—including interstate water markets. The most serious of these obstacles is the fact that states cannot revise interstate water compacts without (1) obtaining …
Defrosting Regulatory Chill,
2024
Texas A&M University School of Law
Defrosting Regulatory Chill, Guillermo J. Garcia Sanchez
Faculty Scholarship
In Homer’s Odyssey, King Odysseus asked his men to tie him to the mast of his ship with the hope that he would not jump into the sea after listening to the Sirens. The Odyssey’s hero made a pact to bind himself in the future. He knew that the temptation would be impossible to resist without restraints. Similarly, the creators and advocates of international investment agreements believe that providing rights to foreign investors through international treaties will chill State policies that would harm the interests of investors in the future. The “rope” to tie the State is the threat of …
Arbitrase Internasional Dalam Penyelesaian Sengketa Penanaman Modal Asing: Tinjauan Praktis Di Indonesia,
2024
University of Indonesia
Arbitrase Internasional Dalam Penyelesaian Sengketa Penanaman Modal Asing: Tinjauan Praktis Di Indonesia, Fanny Aprilia
Jurnal Hukum & Pembangunan
Indonesia has demonstrated a strong commitment to international arbitration by participating in various international conventions, such as the 1958 New York Convention, and by implementing supportive domestic legislation, such as Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. International arbitration offers advantages such as neutrality, specialized expertise, and legal certainty, making it a preferred mechanism for resolving foreign investment disputes. However, the implementation of arbitration in Indonesia still faces several challenges, including a lack of understanding of arbitration procedures among court officials and concerns about potential domestic court interference in the arbitration process. This paper highlights the …
Pursuing The Exemption: The Makah's White Whale,
2024
University of Washington School of Law
Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis
Washington Journal of Social & Environmental Justice
No abstract provided.
Recent Case Decisions,
2024
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Smart Grids As Regulators: A Critical Assessment,
2024
University of Oklahoma College of Law
Smart Grids As Regulators: A Critical Assessment, Jesse Valente
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Crisis In The Oil And Gas Industry: Custody Of Orphan Wells,
2024
University of Oklahoma College of Law
Crisis In The Oil And Gas Industry: Custody Of Orphan Wells, Katie Plas
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Brazil’S Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations,
2024
University of Oklahoma College of Law
Brazil’S Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations, Eduardo G. Pereira, Aaron Koenck, William A. Clavijo Vitto, Fernanda Delgado, João Victor Correia Lopes, Ana Carolina Marins De Carvalho
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Fountains Of Living Waters: How Early Mormon Irrigation Innovated The Legal Landscape Of The West,
2024
University of Oklahoma College of Law
Fountains Of Living Waters: How Early Mormon Irrigation Innovated The Legal Landscape Of The West, Ellen (Melton) Carr
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2024
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement,
2024
American University Washington College of Law
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces,
2024
American University Washington College of Law
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model,
2024
American University Washington College of Law
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note,
2024
American University Washington College of Law
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Wyoming V. Environmental Protection Agency,
2024
Alexander Blewett III School of Law, University of Montana
Wyoming V. Environmental Protection Agency, Ayden D. Auer
Public Land & Resources Law Review
Wyoming v. EPA consolidated two petitions for review of a portion of Wyoming’s plans to reduce visibility impacts from two powerplants, Wyodak and Naughton. First, the Tenth Circuit held EPA was incorrect to disapprove Wyoming’s best available retrofit technology determination for Wyodak because EPA based its disapproval on noncompliance with guidelines that are optional to determine the best available retrofit technology for Wyodak. These same guidelines are nonbinding on Naughton as well, and the court held the petitioners failed to persuade the court that EPA’s approval of Naughton was arbitrary and capricious because the petitioners did not establish why Wyoming’s …
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act,
2024
Villanova University Charles Widger School of Law
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty,
2024
Villanova University Charles Widger School of Law
Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, Dr. Gerry Nagtzaam
Villanova Environmental Law Journal (1991 - )
No abstract provided.
