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15,456 full-text articles. Page 5 of 327.

The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards 2019 Louisiana State University Law Center

The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards

Edward P. Richards

No abstract provided.


Parametric Insurance, Evan Glassman 2019 College of William & Mary Law School

Parametric Insurance, Evan Glassman

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Risk Regulation, Including The Nc Wind Pool, Donald T. Hornstein 2019 College of William & Mary Law School

Risk Regulation, Including The Nc Wind Pool, Donald T. Hornstein

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Overview Of Insurance And Finance Aspects Of Climate Risk, Including Credit Risk, Catastrophe Modeling, Tools, And Case Studies, Samantha Medlock 2019 College of William & Mary Law School

Overview Of Insurance And Finance Aspects Of Climate Risk, Including Credit Risk, Catastrophe Modeling, Tools, And Case Studies, Samantha Medlock

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Welcome And Opening Remarks, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews, Ann Phillips, Michael C. Sapnar 2019 William & Mary

Welcome And Opening Remarks, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews, Ann Phillips, Michael C. Sapnar

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Something’S In The Water: A Look At How Creativity And Innovation Can Prevent Future Water Crises, Tristan Holiday-Nowden 2019 State University of New York College at Buffalo - Buffalo State College

Something’S In The Water: A Look At How Creativity And Innovation Can Prevent Future Water Crises, Tristan Holiday-Nowden

Creative Studies Graduate Student Master's Projects

The purpose of this project is to raise awareness and create a level of consciousness about water, unlike anything we have seen in the past. This project presents a synthesis of current writings and ideologies from the fields of Environmental Science and Water Research. As well as think pieces and informative news articles from various publications.

To illustrate the damaging effects of water contamination, water pollution, and water scarcity; Flint, Michigan will serve as a case study. After diagnosing and defining the problem using the Creative Problem Solving (CPS) framework. This project will explore the challenge and look at the ...


Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele 2019 Brooklyn Law School

Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele

Brooklyn Journal of Corporate, Financial & Commercial Law

Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the ...


The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl 2019 Texas Tech University School of Law

The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl

Utah Law Review

It is incredibly difficult to imagine an event the likes of which humans have never seen before. That, in and of itself, renders the challenge to prepare for such an event even more difficult because there is no frame of reference pushing us to act. How do you prepare to avoid something which has never occurred in the history of human occupation? That is the challenge of climate change.

I argue that the Subprime Mortgage Crisis and its aftermath parallel the Climate Crisis in critical ways that should inform our tactics. Of course, there are obvious critical differences as well ...


Pure As Running Water: A Constitutional Argument For Utah’S Public Trust Doctrine, Brandon S. Fuller 2019 University of Utah S.J. Quinney College of Law

Pure As Running Water: A Constitutional Argument For Utah’S Public Trust Doctrine, Brandon S. Fuller

Utah Law Review

Water rights in America, particularly in western states, have been a pervasive source of legal contention. The histories of these water rights, and the public trust doctrine more broadly, have created a tremendously complex area of law. This field of law is very old and draws on policy concerns stretching back to 100 B.C., overlapping federal and state powers and precedents, and what can only be described as one of the longest games of jurisprudential telephone in existence. As a result, anyone seeking to challenge a state statute, court opinion, or regulation, which they believe impermissibly restricts the public ...


Clean Drinking Water: A Stream Of Success And Opportunity For Reform, Kayla Weiser-Burton 2019 S.J. Quinney College of Law, University of Utah

Clean Drinking Water: A Stream Of Success And Opportunity For Reform, Kayla Weiser-Burton

Utah Law Review

The SDWA was a major regulatory step in protecting the nation’s drinking water and the public’s health. Creating a uniform set of regulations for levels of viruses, bacteria, and chemicals ensured cleaner water for all citizens and ultimately has allowed the United States to provide some of the cleanest water worldwide. The revisions made in 1986, 1996, and 2016 have continued to expand the SDWA by listing more contaminants for regulation as well as providing more federal funding to assist water providers in meeting these objectives.


Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann 2019 University of Michigan Law School

Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann

Michigan Journal of Environmental & Administrative Law

In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that ...


Can A State’S Water Rights Be Dammed? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson 2019 University of New Mexico School of Law

Can A State’S Water Rights Be Dammed? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson

Michigan Journal of Environmental & Administrative Law

Interstate rivers are subject to the doctrine of equitable apportionment, whereby the Supreme Court seeks to ensure that all states that share such rivers get a fair portion of their benefits. The Court has rarely issued an equitable apportionment decree, however, and there is little law on whether the doctrine protects river flows for environmental purposes. The ongoing Florida v. Georgia litigation in the Supreme Court raises this issue, as Florida seeks to limit consumptive uses by upstream Georgia to preserve flows in the Apalachicola River, which provide both economic and environmental benefits. This Article summarizes both the equitable apportionment ...


Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers 2019 “Alexander Blewett III School of Law at the University of Montana

Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Virginia State Water Control Board certified the issuance of permits for the construction of a natural gas pipeline that traversed over 300 miles of Virginia in addition to other states. Local environmental groups and individuals petitioned the Fourth Circuit to review the certification under the Administrative Procedure Act. The Fourth Circuit Court of Appeals gave deference to the agency’s actions and denied the petition for review.


Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee 2019 Georgetown University Law Center

Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in a deregulatory direction, why might statutory abnegation be chosen? After all, it is always a perilous and likely doctrinally disadvantageous strategy for agencies. Nonetheless, agencies from time to time have utilized statutory abnegation claims as part of their justification for deregulatory shifts. Actions by agencies during 2017 and 2018, under the administration of President Donald ...


Clean Energy Equity, Felix Mormann 2019 Texas A&M University School of Law

Clean Energy Equity, Felix Mormann

Utah Law Review

Solar, wind, and other clean, renewable sources of energy promise to mitigate climate change, enhance energy security, and foster economic growth. But many of the policies in place to promote clean energy today are marred by an uneven distribution of economic opportunities and associated financial burdens. Tax incentives for renewables cost American taxpayers billions of dollars every year, yet the tax code effectively precludes all but the largest banks and most profitable corporations from reaping the benefits of these tax breaks. Other policies, such as renewable portfolio standards that set minimum quota to create demand for renewable electricity require such ...


A Call For Energy Realism: When Immanuel Kant Met The Keep It In The Ground Movement, Monika U. Ehrman 2019 The University of Oklahoma College of Law

A Call For Energy Realism: When Immanuel Kant Met The Keep It In The Ground Movement, Monika U. Ehrman

Utah Law Review

The “Keep it in the Ground” Movement (the “Movement”) is a coalition of environmental groups that seek to end fossil fuel extraction by halting oil and gas development on federal lands. Supporters of the Movement demand a safer climate future and the transition to a renewable energy economy. However, the Movement is premised on the notion that the United States can divest fossil fuels, particularly petroleum hydrocarbons, from its energy economy and terminate oil and gas development in the near-term future. The Movement disregards the possibilities of serious economic impacts with respect to domestic revenues and infrastructure framework, and geopolitical ...


Under Coyote’S Mask: Environmental Law, Indigenous Identity, And #Nodapl, Danielle Delaney 2019 University of Wisconsin-Madison

Under Coyote’S Mask: Environmental Law, Indigenous Identity, And #Nodapl, Danielle Delaney

Michigan Journal of Race and Law

This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal mechanism to challenge the construction of the pipeline distorted the indigenous demand for justice as U.S. federal law is incapable of seeing the full depth of the indigenous worldview supporting their challenge. Indigenous activists constantly re-centered the direct actions and protests within indigenous ...


Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa 2019 University of New Mexico School of Law

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Utah Law Review

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did ...


The Federal Government Has An Implied Moral Constitutional Duty To Protect Individuals From Harm Due To Climate Change: Throwing Spaghetti Against The Wall To See What Sticks, Hope M. Babcock 2019 Georgetown University Law Center

The Federal Government Has An Implied Moral Constitutional Duty To Protect Individuals From Harm Due To Climate Change: Throwing Spaghetti Against The Wall To See What Sticks, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The continuing failure of the federal government to respond to the growing threat of climate change, despite affirmative duties to do so, creates a governance vacuum that the Constitution might help fill, if such a responsibility could be found within the document. This Article explores textual and non-textual constitutional support for that responsibility, finding that no single provision of the Constitution is a perfect fit for that responsibility. However, the document as a whole might support constitutionalizing an environmental protection norm as an individual right or affirmative government obligation given the norm's importance to the enjoyment of other constitutional ...


Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski 2019 The Graduate Center, City University of New York

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

All Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings ...


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