Louisiana,
2021
University of Oklahoma College of Law
Louisiana, Garrett Korbitz
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kentucky,
2021
University of Oklahoma College of Law
Kentucky, Gary Holland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kansas,
2021
University of Oklahoma College of Law
Kansas, Steven A. Rhodes, Sarah Trainer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Illinois,
2021
University of Oklahoma College of Law
Illinois, Joseph Negaard
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Colorado,
2021
University of Oklahoma College of Law
Colorado, Diana S. Prulhiere, David R. Little
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Arkansas,
2021
University of Oklahoma College of Law
Arkansas, Andreah Riedel
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Alaska,
2021
University of Oklahoma College of Law
Alaska, Steven A. Rhodes, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2021
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Piper Hampton
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Community Empowerment In Decarbonization: Nepa’S Role,
2021
University of Washington School of Law
Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman
Washington Law Review
This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space,
2021
Brooklyn Law School
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
Brooklyn Journal of International Law
The concept of the Common Heritage of Mankind (CHM) remains uncertain and controversial. This article starts with an analysis of the legal status of the CHM to identify the legal subjects who can exercise rights to the CHM and what types of rights they have. It is argued that an exclusive property model is the one successfully implemented in the law of sea regime., i.e., the CHM is defined as an exclusive property of mankind. Mankind, as a separate entity, can have ownership over the CHM, while other entities can only exercise usufruct to the CHM. This article moves further …
The Case For Corporate Climate Ratings: Nudging Financial Markets,
2021
Texas A&M University School of Law
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
Faculty Scholarship
Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.
In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …
Bahr V. Regan,
2021
Alexander Blewett III School of Law at the University of Montana
Bahr V. Regan, Aspen B. Ward
Public Land & Resources Law Review
In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …
Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act,
2021
Texas A&M University Corpus Christi
Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell
Environmental and Earth Law Journal (EELJ)
The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …
Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing,
2021
Barry University School of Law
Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello
Environmental and Earth Law Journal (EELJ)
Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …
The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020,
2021
Barry University School of Law
The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico
Environmental and Earth Law Journal (EELJ)
This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …
Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change,
2021
Barry University School of Law
Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele
Environmental and Earth Law Journal (EELJ)
Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …
Held V. State,
2021
University of Montana, Missoula
Held V. State, Alec D. Skuntz
Public Land & Resources Law Review
On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …
When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines,
2021
Penn State Dickinson Law
When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli
Dickinson Law Review (2017-Present)
The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …
State Energy Cartels,
2021
SMU Dedman School of Law
State Energy Cartels, James W. Coleman
Cardozo Law Review
Fracking has made America the center of global oil production and the engine of the world’s economy. But haste makes waste. America’s new oil wells are releasing natural gas as well, which is prized as a clean and reliable fuel around the world but must be simply burned off or “flared” if there are no pipelines to bring it to the customers that need it. The pace of the oil boom and the challenges of building new pipelines have forced oil companies to flare staggering quantities of natural gas. Texas and North Dakota are now flaring—that is, wasting—more gas than …
Solving The Unsolvable? How A Joint Development Zone Could Extinguish The Natural Gas Conflict In The Eastern Mediterranean,
2021
Vanderbilt University Law School
Solving The Unsolvable? How A Joint Development Zone Could Extinguish The Natural Gas Conflict In The Eastern Mediterranean, Kimberlyn Hughes
Vanderbilt Journal of Transnational Law
Recently, the Cyprus conflict has manifested itself in the competing claims of Greek Cyprus, Turkish Cyprus, and Turkey over their maritime jurisdictions. During the past decade, the discovery of natural gas exacerbated these preexisting claim disputes. Solutions have been nonexistent due to the unwillingness of the parties to conduct multilateral negotiations or use international courts and are complicated by the fact that not all parties are signatories to the United Nations Convention on the Law of the Sea, an instrument most countries defer to in comparable disagreements. While prior publications have proposed mechanisms that could solve maritime disputes in this …
