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Environmental Law, Travis M. Trimble 2010 University of Georgia School of Law

Environmental Law, Travis M. Trimble

Scholarly Works

In this survey period, the United States Court of Appeals for the Eleventh Circuit decided two cases addressing the scope of agency discretion to interpret statutes. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit held that the Environmental Protection Agency’s adoption of the “unitary waters” definition of navigable waters under the Clean Water Act was reasonable even though that approach had been universally rejected by the courts as an interpretation of the statute prior to the agency’s rule. In Miccosukee Tribe of Indians of Florida v. United States, the Eleventh

Circuit upheld ...


Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams 2010 Florida A&M University College of Law

Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams

Journal Publications

Conflicts over water allocation have, become a national topic, rather than a regional one confined to the West. Increased water use and projections for further increased demand are combining with the decline of stationarity to underscore the importance of having sound water management policies and a coherent plan for water allocation at the ready and capable of implementation. Historically, and in an earlier era of water federalism, the state police power was acknowledged as the proper locus for making water law and policy.

In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states ...


Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate 2010 Florida Agricultural and Mechanical University

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an ...


Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams 2010 Florida A & M University College of Law

Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams

Journal Publications

In the United States water law is a subset of property law that controls the use and allocation of the water resource. Water law was, and remains, state law; nothing in the Constitution purports to change that. The scope of federal sovereignty at the time of nationhood did not include even the possibility of playing a major role in regulating resources because the national government was not a significant landholder. The twentieth century changed water federalism dramatically. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in ...


Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall 2010 Florida A & M University College of Law

Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall

Journal Publications

Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and ...


Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate 2010 Florida A & M University College of Law

Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate

Journal Publications

Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed ...


State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein 2010 University of Florida Levin College of Law

State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein

UF Law Faculty Publications

Part I of this article provides a brief background to fish stocking practices in the United States, including a discussion of beneficial fish stocking practices, as well as some of the allegations surrounding the detrimental effects. Part II of this article provides some necessary background on section 9 of the ESA, the “actual injury” prong, the “significant impairment” prong, and their application to fish stocking. Part III of this article sets forth recommendations for future clarification and increased consistency on these issues. Specifically, this article supports the use of two rules that can help reconcile the uncertain landscape surrounding a ...


How Supplemental Environmental Projects Can And Should Be Used To Advance Environmental Justice, Douglas Rubin 2010 University of Maryland Francis King Carey School of Law

How Supplemental Environmental Projects Can And Should Be Used To Advance Environmental Justice, Douglas Rubin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Understanding Cercla Through Webster's New World Dictionary And State Common Law: Forestalling The Federalization Of Property Law, Shelby D. Green 2010 Elisabeth Haub School of Law at Pace University

Understanding Cercla Through Webster's New World Dictionary And State Common Law: Forestalling The Federalization Of Property Law, Shelby D. Green

Pace Law Faculty Publications

The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") was hastily enacted in 1980 in the wake of the Love Canal disaster, where vast amounts of toxic wastes were found buried beneath a residential community. The contours of this legislation, though comprehensive in its outward scope, have been difficult to discern, largely as a consequence of vague and confusing expression. Though often the first tool resorted to for interpretation is the dictionary, the courts have looked beyond the literal terms, in an effort to determine the intended and sensible limits, consistent with both the congressional aim to reach broad categories ...


China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson 2010 Pace Law School

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray 2010 University of Washington School of Law

An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray

Washington International Law Journal

Marine transport is an efficient and cost-effective way to transport goods around the world; at least ninety percent of all global trade is served by the shipping industry and shipping trade is expected to triple in the next two decades. However, because of the poor quality of the fuel used by the shipping industry, ocean-going ships disproportionately impact the environment and human health. The shipping industry is presently estimated to generate almost thirty percent of the world’s smog-forming nitrogen oxide emissions and nearly ten percent of sulfur dioxide emissions that cause acid rain and deadly fine particles. The Pearl ...


Comments: Recovery Of Epa Oversight Costs From A Broad Reading Of Cercla, Aaron Kelly 2010 University of Baltimore School of Law

Comments: Recovery Of Epa Oversight Costs From A Broad Reading Of Cercla, Aaron Kelly

University of Baltimore Law Review

No abstract provided.


Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens 2010 University of Idaho College of Law

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale D. Goble 2010 University of Idaho, College of Law

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale D. Goble

Articles

No abstract provided.


The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus 2010 University of California, Berkeley

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Washington University Journal of Law & Policy

Professor Holly Doremus‘s article, The Endangered Species Act: Static Law Meets Dynamic World, traces the history of the Endangered Species Act ("ESA") to illustrate the need to correct the assumption that nature is simple to manage. For all its flaws, the ESA remains the nation's primary biodiversity conservation act,although the construct had not been "invented" in 1973 when Congress enacted "one of the last pieces of environmental bandwagon legislation." Yet, it is difficult to adapt to the broader objective of biodiversity conservation, in part because the ESA rests on a static view of species and the landscapes ...


Pining For Sustainability, Timothy M. Mulvaney 2010 Texas A&M University School of Law

Pining For Sustainability, Timothy M. Mulvaney

Faculty Scholarship

The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically ...


How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock 2010 Georgetown University Law Center

How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Since 1976, when the first environmental clinic was started at the University of Oregon’s law school, clinics have proliferated. Today, approximately one out of five law schools has an environmental clinic. With respect to clinics in general, the Association of American Law Schools Directory of Law Teachers lists “nearly 1400 full-time faculty teaching clinical courses.” Yet far from being an uncontroverted part of the academic landscape, clinics—particularly environmental clinics—have endured political blowback from challenging the environmentally destructive behavior of major economic interests. The effectiveness of environmental clinics is no greater than established environmental organizations—perhaps less effective ...


Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim 2010 World Maritime University

Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim

World Maritime University Dissertations

No abstract provided.


Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson 2010 Pace Law School

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson

Pace Law Faculty Publications

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Transcript of panel discussion at McGill University, March 26, 2010. This piece is based on the article Elizabeth Burleson & Diana Pei Wu, Non-State Actor Access and Influence in International Legal and Policy Negotiations, 21 Fordham Envtl. L. Rev. 193 (2010).


Climate Change Consensus: Emerging International Law, Elizabeth Burleson 2010 Pace Law School

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


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