| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Audrey Koecher |
CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL HUMAN RIGHTS ABUSE IN DEVELOPING NATIONS: MAKING THE CASE FOR PUNITIVE DAMAGES UNDER THE ALIEN TORT CLAIMS ACT |
17 Journal of Transnational Law & Policy 151 (Fall, 2007) |
Professors Marc Galanter and David Luban argue that punitive damages constitute the best available means for social control . . . of economically formidable wrongdoers. However, many of the most economically formidable corporations conduct operations outside the borders of the United States, where punitive damages are generally not available or... |
2007 |
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| Aurelie Lopez |
CRIMINAL LIABILITY FOR ENVIRONMENTAL DAMAGE OCCURRING IN TIMES OF NON-INTERNATIONAL ARMED CONFLICT: RIGHTS AND REMEDIES |
18 Fordham Environmental Law Review 231 (Spring 2007) |
Under the Rome Statute, the International Criminal Court (ICC) has jurisdiction over the most serious crimes of concern to the international community as a whole ... committed after the statute entered into force on July 1, 2002. The expression most serious crimes encompasses genocide, crimes against humanity, war crimes and the crime of... |
2007 |
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| Amy Ochoa Carson |
EAST TIMOR'S LAND TENURE PROBLEMS: A CONSIDERATION OF LAND REFORM PROGRAMS IN SOUTH AFRICA AND ZIMBABWE |
17 Indiana International & Comparative Law Review 395 (2007) |
This Note suggests ways to alleviate East Timor's land tenure problems. These problems resulted from the country's complicated history. In 2002, East Timor was given its long-awaited independence and became the world's newest nation. Since being discovered in the 1500s, East Timor was originally a Portuguese colony and, more recently, an Indonesian... |
2007 |
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| Jason Stone |
EDITORIAL SYNOPSIS OF THE 30TH ANNUAL PUBLIC LAND LAW CONFERENCE |
28 Public Land & Resources Law Review 1 (2007) |
I. CONFERENCE TOPIC BACKGROUND. 1 A. Genesis - Love Canal. 2 B. Chronicle - The Upper Clark Fork River Basin. 3 II. NATIONAL PERSPECTIVES ON NRD ASSESSMENT AND RESTORATION. 6 A. Overview of NRD Law and Policy. 6 B. NRD Law and Policy - With a Special Emphasis on Indian Tribes. 8 C. National Trends and Directions in NRD. 10 III. FOCUS ON THE CLARK... |
2007 |
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| Karin P. Sheldon |
EIGHT LESSONS IN SEARCH OF THE FUTURE: OBSERVATIONS ON THE OCCASION OF THE SILVER ANNIVERSARY OF THE VIRGINIA ENVIRONMENTAL LAW JOURNAL |
25 Virginia Environmental Law Journal 37 (2007) |
I. Introduction. 37 II. Where Have We Come From?. 39 III. Where Are We Going?. 42 IV. Eight Lessons. 43 A. One Size Does Not Fit All. 43 B. Strings Are Attached. 44 C. Ecosystems Are Not Just Pretty Pictures. 45 D. Environmental Law Begins at Home. 48 E. Objects in Your Mirror Are Closer Than They Appear. 50 F. We Need a Bigger Table. 51 G. Carrots... |
2007 |
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| Mark Atlas |
ENFORCEMENT PRINCIPLES AND ENVIRONMENTAL AGENCIES: PRINCIPAL-AGENT RELATIONSHIPS IN A DELEGATED ENVIRONMENTAL PROGRAM |
41 Law and Society Review 939 (December, 2007) |
This article examines whether states shirked enforcement responsibilities in their principal-agent relationship with the federal government when implementing a delegated environmental program. It evaluates determinants of environmental enforcement stringency, particularly whether penalties were less when imposed by states than by the federal... |
2007 |
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| Jennifer Cassel |
ENFORCING ENVIRONMENTAL HUMAN RIGHTS: SELECTED STRATEGIES OF US NGOS |
6 Northwestern Journal of International Human Rights 104 (Fall, 2007) |
The connection between environmental damage and human rights would seem to be self-apparent. When air is polluted by toxic fumes, people who breathe those fumes are injured, perhaps even killed. When water becomes contaminated, people who drink that water may become sick, and pregnant women who drink it may pass the contaminants on to their unborn... |
2007 |
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| Katy Bartelma, Ewa Budz, John Kraemer |
ENVIRONMENTAL CRIMES |
44 American Criminal Law Review 409 (Spring, 2007) |
I. Introduction. 411 A. Criminal versus Civil Penalties. 412 B. Enforcement. 413 C. Interaction with Other Criminal Violations. 414 II. General Issues. 415 A. Overview of Elements of Environmental Criminal Violations. 415 B. Liability. 415 1. Corporate Liability. 415 2. Individual Liability. 418 C. Common Defenses. 419 1. Constitutional Defenses.... |
2007 |
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ENVIRONMENTAL ENFORCEMENT AND CRIMES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 61 (2007) |
According to Granta Y. Nakayama, assistant administrator for the U.S. Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance, [t]he EPA cop is on the beat. There is no denying this statement when reviewing the enforcement and compliance results for fiscal year (FY) 2007. Exceeding its previous record in FY 2005 by... |
2007 |
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| Laura Karvosky |
EPA GIVES ANIMAL FEEDING OPERATIONS IMMUNITY FROM ENVIRONMENTAL STATUTES IN A "SWEETHEART DEAL" |
8 Vermont Journal of Environmental Law 115 (2006-2007) |
In the United States the farming industry has shifted from small, family-owned farms to corporate conglomerates manufacturing large concentrations of animals in confined spaces. These operations are referred to as Animal Feeding Operations (AFOs) or factory farms. Hog farming is a prime example of the current trend across the agriculture sector... |
2007 |
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| Nita Ghei |
EVALUATING THE WTO'S TWO STEP TEST FOR ENVIRONMENTAL MEASURES UNDER ARTICLE XX |
18 Colorado Journal of International Environmental Law and Policy 117 (Winter 2007) |
Both free trade proponents and environmental activists have expressed considerable dissatisfaction with respect to the WTO's exercise of authority on the impact of environmental measures on international trade. This article first sets out an analytical framework, based on public choice theory, which examines the incentives to implement measures to... |
2007 |
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| Richard Webster |
FEDERAL ENVIRONMENTAL ENFORCEMENT: IS LESS MORE? |
18 Fordham Environmental Law Review 303 (Spring 2007) |
The world of environmental enforcement is deliberately shrouded in mystery and is rife with strategic behavior among a limited number of players. Thus, the pre-requisite conditions for a race-to-the-bottom are in place. Such a race-to-the-bottom entails a lowering of environmental standards that also produces a lowering in net social welfare, i.e.,... |
2007 |
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| John B. Weldon, Jr. , Lisa M. McKnight |
FUTURE INDIAN WATER SETTLEMENTS IN ARIZONA: THE RACE TO THE BOTTOM OF THE WATERHOLE? |
49 Arizona Law Review 441 (Summer 2007) |
Former Secretary of the Interior Bruce Babbitt once characterized the Lower Colorado River Basin and its water resources as the last waterhole. This characterization aptly describes the Central Arizona Project (CAP), and the role that CAP water supplies have played in the settlement of Indian water claims in Arizona over the past twenty-five... |
2007 |
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| Alan Boyle |
HUMAN RIGHTS OR ENVIRONMENTAL RIGHTS? A REASSESSMENT |
18 Fordham Environmental Law Review 471 (Symposium, 2007) |
Environmental rights do not fit neatly into any single category or generation of human rights. They can be viewed from at least three perspectives, straddling all the various categories or generations of human rights. First, existing civil and political rights can be used to give individuals, groups and nongovernmental organizations (NGOs) access... |
2007 |
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| Judith Wise |
HUNGER AND THIEVES: ANTICIPATING THE IMPACT OF WTO SUBSIDIES REFORM ON LAND AND SURVIVAL IN BRAZIL |
31 American Indian Law Review 531 (2006-2007) |
Todo Mundo Tem Direito a Vida Todo Mundo Tem Direito Igual -Lenine After many months of fractious debate, the World Trade Organization's Doha Round of negotiations is dead on the table. Ultimately, the state parties could not agree on a plan that would keep the promise they had made themselves at the ministerial meeting in Hong Kong, in December... |
2007 |
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| Mary Jane Angelo , Mark T. Brown |
INCORPORATING EMERGY SYNTHESIS INTO ENVIRONMENTAL LAW: AN INTEGRATION OF ECOLOGY, ECONOMICS, AND LAW |
37 Environmental Law 963 (Fall 2007) |
Emergy synthesis, first developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decision making by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some... |
2007 |
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| Patrick W. Wandres |
INDIAN LAND CLAIMS: SHERRILL AND THE IMPENDING LEGACY OF THE DOCTRINE OF LACHES |
31 American Indian Law Review 131 (2006-2007) |
Indian land disputes have been the source of legal controversy since the founding of the United States. In 1970, lands purchased, confiscated, or otherwise acquired by the United States from Indian tribes had an estimated value of over $560,000,000,000. Indian tribes had remote success in the hard-fought federal litigation of land claims until... |
2007 |
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| Summer Sylva |
INDIGENIZING WATER LAW IN THE 21ST CENTURY: NA MOKU AUPUNI O KO'OLAU HUI, A NATIVE HAWAIIAN CASE STUDY |
16 Cornell Journal of Law & Public Policy 563 (Summer 2007) |
INTRODUCTION: THE CONTEMPORARY LANDSCAPE OF WATER LAW IN HAWAII. 563 I. NATIVE HAWAIIAN UNDERSTANDINGS OF WATER. 566 II. HAWAII'S PUBLIC TRUST DOCTRINE. 568 III. HAWAII'S LEADING WATER LAW CASES. 572 IV. NA MOKU CASE STUDY. 576 CONCLUSION. 578 |
2007 |
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| Joseph Kieyah JD/PhD |
INDIGENOUS PEOPLES' LAND RIGHTS IN KENYA: A CASE STUDY OF THE MAASAI AND OGIEK PEOPLE |
15 Penn State Environmental Law Review 397 (Spring 2007) |
I. Introduction. 398 II. Historical Background. 400 A. Pre-Colonial Era. 400 B. Colonial Era. 402 C. Post-Colonial Era. 404 III. Evolution of Land Laws. 406 A. Protectorate Status. 406 B. Land Laws. 407 1. Policy of Land Occupied by Europeans. 407 2. Policy of Land Occupied by Africans. 408 IV. Legal Analysis of Protection of Maasai Land Rights.... |
2007 |
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INTERNATIONAL ENVIRONMENTAL LAW |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 97 (2007) |
This report reviews some of the major developments in international environmental law (IEL) during 2007. It discusses developments under relevant bilateral and multilateral international agreements, provides highlights from major conferences and meetings, and surveys significant reports and other publications. It is, by necessity, selective rather... |
2007 |
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| Raechel Anglin |
INTERNATIONAL ENVIRONMENTAL LAW GETS ITS SEA LEGS: HAZARDOUS WASTE DUMPING CLAIMS UNDER THE ATCA |
26 Yale Law and Policy Review 231 (Fall 2007) |
Prologue: Hazardous Waste Crisis in Côte d'Ivoire. 232 Introduction. 233 I. Contemporary ATCA Jurisprudence: How a Law of Nations Norm Is Defined. 240 II. The International Norm Against Dumping as a Law of Nations: Definition and Consensus. 245 A. Defining the Norm Against Dumping. 246 B. International Consensus Against Dumping Hazardous Waste... |
2007 |
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| Timo Koivurova |
INTERNATIONAL LEGAL AVENUES TO ADDRESS THE PLIGHT OF VICTIMS OF CLIMATE CHANGE: PROBLEMS AND PROSPECTS |
22 Journal of Environmental Law & Litigation 267 (2007) |
I. Taking Climate Change to International Legal Proceedings. 270 A. Climate Regime. 272 B. General International Law. 278 C. Sector Regimes. 283 II. Inuit vs. United States: Petition to the IACHR Regarding Destructive Impacts of Climate Change. 285 A. The Inuit Petition. 286 B. Possible Consequences of the IACHR's Decision. 293 III. Conclusion. 295 |
2007 |
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| Vivian H.W. Wang |
INVESTOR PROTECTION OR ENVIRONMENTAL PROTECTION? "GREEN" DEVELOPMENT UNDER CAFTA |
32 Columbia Journal of Environmental Law 251 (2007) |
Introduction. 251 I. CAFTA's Framework for Investor and Environmental Protection. 257 A. Environmental Regulations as Indirect Expropriation. 259 1. What is Indirect Expropriation?. 259 2. Case Studies: Metalclad v. United Mexican States and Methanex v. United States. 263 B. Citizen Submissions on Environmental Enforcement.. 270 II. Increased... |
2007 |
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| Gwendolyn Leachman, Ph.D., Jurisprudence and Social Policy, 2010 (UC Berkeley) |
JORDAN V. ALTERNATIVE RES. CORP.: THE FOURTH CIRCUIT LIMITS PROTECTION FROM RETALIATION FOR EMPLOYEES REPORTING A HOSTILE WORK ENVIRONMENT |
28 Berkeley Journal of Employment and Labor Law 599 (2007) |
An employee makes a grossly racially discriminatory remark at work, and is discovered to have made many similar comments in the past. Is the fellow employee who reports the remark to his employer--pursuant to the employer's anti-discrimination policy--protected from retaliatory discharge? If you said yes, you're not a reasonable person, at least... |
2007 |
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| Michael C. Blumm , Sherry L. Bosse |
JUSTICE KENNEDY AND THE ENVIRONMENT: PROPERTY, STATES' RIGHTS, AND A PERSISTENT SEARCH FOR NEXUS |
82 Washington Law Review 667 (August, 2007) |
Abstract: Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in... |
2007 |
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| D. Michael McBride, III , H. Leonard Court |
LABOR REGULATION, UNION AVOIDANCE AND ORGANIZED LABOR RELATIONS STRATEGIES ON TRIBAL LANDS: NEW INDIAN GAMING STRATEGIES IN THE WAKE OF SAN MANUEL BAND OF INDIANS V. NATIONAL LABOR RELATIONS BOARD |
40 John Marshall Law Review 1259 (Summer 2007) |
I. Introduction. 1260 II. San Manuel Historical Background. 1261 III. Inherent Tribal Government Powers and Federal Relationship. 1265 IV. Background of Federal Laws Applying to or Exempting Tribes. 1267 V. Analysis of San Manuel. 1259 VI. NLRB Historic Treatment of Tribes and NLRA Strategies for Tribal Governments and Their Enterprises. 1283 A.... |
2007 |
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| Edward W. McClenathan |
LAND USE IMPLICATIONS OF CASINOS AND RACINOS ON LOCAL GOVERNMENTS IN NEW YORK STATE |
39 Urban Lawyer 111 (Winter, 2007) |
Since the mid-1970s, municipalities across the country have entertained the idea of casino-style gambling as a means of solving many local problems. In 1976, buoyed by the economic success of Las Vegas, Nevada, Atlantic City, New Jersey looked to casino gambling as a tool to address urban decay. The casinos in Atlantic City were built and became... |
2007 |
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| Dave Owen |
LAW, ENVIRONMENTAL DYNAMISM, RELIABILITY: THE RISE AND FALL OF CALFED |
37 Environmental Law 1145 (Fall 2007) |
This Article examines the conceptual frameworks often used to understand and resolve controversies involving scarce and legally protected natural resources. It proposes that traditional frameworks, though ingrained in legal structures and conventional expectations, fail to adequately address tensions between resource consumption, environmental... |
2007 |
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| Jona Razzaque |
LINKING HUMAN RIGHTS, DEVELOPMENT, AND ENVIRONMENT: EXPERIENCES FROM LITIGATION IN SOUTH ASIA |
18 Fordham Environmental Law Review 587 (Symposium, 2007) |
Despite having several procedural routes to bring actions in the court, public interest litigation seems to be the often-used tool used by the community groups in India, Pakistan and Bangladesh to protect the environment. In recent years, the decisions of the courts integrate both social and ecological concerns with particular attention to... |
2007 |
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| Shi-Ling Hsu , Austen L. Parrish |
LITIGATING CANADA-U.S. TRANSBOUNDARY HARM: INTERNATIONAL ENVIRONMENTAL LAWMAKING AND THE THREAT OF EXTRATERRITORIAL RECIPROCITY |
48 Virginia Journal of International Law 1 (Fall 2007) |
Introduction. 2 I. Context: The U.S.-Canada Relationship. 7 A. A History of Dispute Avoidance and Peaceful Resolution. 7 B. The Retreat from Bilateralism. 14 II. Canada's Transboundary Pollution Problem. 24 A. A History of Transboundary Air Pollution. 25 B. The Makings of a Transboundary Air Pollution Lawsuit. 29 III. Exploring Domestic Solutions:... |
2007 |
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MARINE RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 231 (2007) |
The Marine Resources Committee deals with diverse disciplines focused on the marine environment. The geographical breadth of that environment -- embracing coastal, estuarine, near-shore, outer continental shelf, and international waters -- is matched by the range of issues that arise in addressing the development, management, and protection of... |
2007 |
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| Stephen Higgs |
MEDIATING SUSTAINABILITY: THE PUBLIC INTEREST MEDIATOR IN THE NEW ZEALAND ENVIRONMENT COURT |
37 Environmental Law 61 (Winter 2007) |
The New Zealand Environment Court is a unique institution unlike any in the United States. The court is the principle adjudicator of disputes arising under the Resource Management Act or RMA, the first legislation in the world designed to achieve sustainability. In addition to rendering decisions, the court maintains an innovative mediation service... |
2007 |
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| Jonathan G. Dorn |
NAAEC CITIZEN SUBMISSIONS AGAINST MEXICO: AN ANALYSIS OF THE EFFECTIVENESS OF A PARTICIPATORY APPROACH TO ENVIRONMENTAL LAW ENFORCEMENT |
20 Georgetown International Environmental Law Review 129 (Fall, 2007) |
With the recent free trade debate surrounding the Central American Free Trade Agreement (CAFTA), the time seems ripe to assess the effectiveness of the North American Agreement on Environmental Cooperation (NAAEC) at promoting environmental law enforcement in Mexico and improving Mexico's environment. The NAAEC is a side agreement to the North... |
2007 |
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| Transcript of Professor Raymond Cross , Dr. William Rodgers |
NATURAL RESOURCE DAMAGE LAW AND POLICY - WITH A SPECIAL EMPHASIS ON THE INDIAN TRIBES |
28 Public Land & Resources Law Review 21 (2007) |
I'd like to add my welcome to the community of Missoula and beyond. Before I introduce our keynote speaker, Dr. William Rodgers from the University of Washington, I'd like to talk a little bit about your role, because the world your grandchildren, your great-grandchildren inherit is a world that you create for them, and that's what this conference... |
2007 |
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| David J. Sousa , Christopher McGrory Klyza |
NEW DIRECTIONS IN ENVIRONMENTAL POLICY MAKING: AN EMERGING COLLABORATIVE REGIME OR REINVENTING INTEREST GROUP LIBERALISM? |
47 Natural Resources Journal 377 (Spring, 2007) |
Scholars and practitioners frustrated by the inefficiencies of environmental policy and the excessive adversarialism of environmental politics have embraced a panoply of next generation reforms of policy and process. Reformers hope that emerging policies can be more pragmatic and efficient than those shaped by the laws of the 1960s and 1970s, and... |
2007 |
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| Jonathan M. Hanna |
ONCORHYNCHUS SPP.: CLIMATE CHANGE, PACIFIC NORTHWEST TRIBES, AND SALMON |
22-FALL Natural Resources & Environment 13 (Fall, 2007) |
Pacific Salmon (Oncorhynchus spp.) are iconic to the residents of the Pacific Northwest, and to none more so than the Native Americans of that region. For centuries, salmon have played a fundamental part in the cultural, social, economic, and spiritual life of Pacific Northwest tribes. Salmon play such a central role that the right to fish as they... |
2007 |
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| Heather Shana Banchek |
OVERCOMING A HOSTILE WORK ENVIRONMENT: RECOGNIZING SCHOOL DISTRICT LIABILITY FOR STUDENT-ON-TEACHER SEXUAL HARASSMENT UNDER TITLE VII AND TITLE IX |
55 Cleveland State Law Review 577 (2007) |
I. L2-4,T4Introduction 578 II. L2-4,T4Background 581 A. L3-4,T4Current Climate of U.S. Schools 581. B. L3-4,T4Statutory Protections 583. 1. Title VII of the Civil Rights Act of 1964. 583 2. Title IX of the Educational Amendments of 1972. 585 C. L3-4,T4Sexual Harassment: Definitions and Types 585. 1. Quid Pro Quo Sexual Harassment. 585 2.... |
2007 |
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| Jill Koren Kelley, Esq. |
OWNING THE SUN: CAN NATIVE CULTURE BE PROTECTED THROUGH CURRENT INTELLECTUAL PROPERTY LAW? |
7 Journal of High Technology Law 180 (2007) |
Intellectual property laws in the United States encourage great inventors, artists and performers to share their inventions, crafts and artistic expressions with humankind. These laws illustrate the value associated with safeguarding original creations within a protective legal framework. Typically, a specified artist or inventor must be aware of... |
2007 |
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| Douglas Nash , Cecelia Burke , Institute for Indian Estate Planning and Probate, Seattle University School of Law |
PASSING TITLE TO TRIBAL LANDS: EXISTING FEDERAL AND EMERGING TRIBAL PROBATE CODES |
50-MAY Advocate 26 (May, 2007) |
Estate planning can be complicated by many factors including the size of a client's estate, a client's desire for a multifaceted process for distributing property, the application of complex laws, taxation issues and a host of other considerations. Estate planning for Indian people takes complicated to a new level. Add to the usual complexities... |
2007 |
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| Rita Pearson Maguire, Esq. |
PATCHING THE HOLES IN THE BUCKET: SAFE YIELD AND THE FUTURE OF WATER MANAGEMENT IN ARIZONA |
49 Arizona Law Review 361 (Summer 2007) |
For the past twenty-six years, Arizona's elected officials and water managers have heralded the passage of the state's Groundwater Management Act (GMA or Groundwater Code) and its concomitant goal of safe yield. In 1986, the Ford Foundation even recognized the GMA as one of the ten most innovative programs in state and local government.... |
2007 |
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| Jacqueline Phelan Hand |
PROTECTING THE WORLD'S LARGEST BODY OF FRESH WATER: THE OFTEN OVERLOOKED ROLE OF INDIAN TRIBES' CO-MANAGEMENT OF THE GREAT LAKES |
47 Natural Resources Journal 815 (Fall, 2007) |
It has been said that water will be the oil of the twenty-first century in that struggles to acquire or retain water will be the primary factor in diplomacy and military aggression and in economic growth and decline. The struggle to acquire or retain water will be important in both the national and international arenas. The recent development of... |
2007 |
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| Li Zhiping |
PROTECTION OF PEASANTS' ENVIRONMENTAL RIGHTS DURING SOCIAL TRANSITION: RURAL REGIONS IN GUANGDONG PROVINCE |
8 Vermont Journal of Environmental Law 337 (Spring, 2007) |
China is facing rapid deterioration of the rural environment. This is a grim problem, which causes great damage to peasants' health and property; increases poverty; widens the gap between the rich and the poor; and seriously hurts the relationship between humans and nature. All of these effects negatively impact a harmonious, stable society and... |
2007 |
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| Patti Goldman |
PUBLIC INTEREST ENVIRONMENTAL LITIGATION IN CHINA: LESSONS LEARNED FROM THE U.S. EXPERIENCE |
8 Vermont Journal of Environmental Law 251 (Spring, 2007) |
The rapid pace of economic development in China, and the sheer size and density of China's population, have given rise to a myriad of environmental challenges. The World Bank has listed 16 Chinese cities among the 20 cities with the worst air pollution in the world; a problem that may worsen with the exponential increase in the number of cars on... |
2007 |
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PUBLIC LAND AND RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 274 (2007) |
Section 368 of the Energy Policy Act of 2005 directs the Secretaries of Agriculture, Commerce, Defense, Energy, and Interior, in consultation with the Federal Energy Regulatory Commission, tribal governments, state and local governments, and affected utility industries, to designate corridors for oil, gas, and hydrogen pipelines and electricity... |
2007 |
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| Joseph Azbell |
PUBLIC LANDS-THE ROAD LESS TRAVELED: THE 10TH CIRCUIT ADJUDICATES R.S. 2477 CLAIMS USING A PIECEMEAL STATE-LAW APPROACH INSTEAD OF A UNIFORM FEDERAL POLICY; SOUTHERN UTAH WILDERNESS ALLIANCE v. BUREAU OF LAND MANAGEMENT, 425 F.3D 735 (10TH CIR. 2005) |
7 Wyoming Law Review 547 (2007) |
In the fall of 1996 road crews employed by San Juan, Garfield, and Kane counties (hereinafter the Counties) began construction on sixteen roads that ran through Bureau of Land Management (BLM) controlled lands in southern Utah. Armed with graders and other earth-moving equipment, the Counties began to improve the existing primitive trails into... |
2007 |
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| Wendy L. Wilkie |
PURCHASING CONTAMINATED PROPERTY--WITHOUT THE LIABILITY |
18-JAN South Carolina Lawyer 19 (January, 2007) |
The Environmental Protection Agency's (EPA's) new standard for a Phase I Environmental Site Assessment (Phase I) became effective on November 1, 2006. On November 1, 2005, the EPA promulgated the final regulation regarding the standard for all appropriate inquiry (the All Appropriate Inquiry or AAI Rule). 70 Fed. Reg. 66070 (codified at 40... |
2007 |
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| César Cuauhtémoc García Hernández |
RADICAL ENVIRONMENTALISM: THE NEW CIVIL DISOBEDIENCE? |
6 Seattle Journal for Social Justice 289 (Fall/Winter 2007) |
God said, I have given you every seed-bearing plant which is on the face of all the earth, and every tree that bears fruit with seed. It will be for your food. To every wild animal, to every bird of the sky, to everything that creeps along the ground, to everything that has the breath of life, I give every green plant for food. So it was. God saw... |
2007 |
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| Jeffrey Merchant |
RELIGION AND PUBLIC LANDS MANAGEMENT: WILL SNOWBOWL SNOWBALL? |
22-FALL Natural Resources & Environment 54 (Fall, 2007) |
In March 2007, a three-judge panel on the Ninth Circuit Court of Appeals held that using treated sewage effluent to manufacture snow violated the Religious Freedom Restoration Act (RFRA) by posing a substantial burden on the religious rights of several Arizona Indian tribes. The decision, Navajo Nation v. United States Forest Service, 479 F.3d 1024... |
2007 |
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RELIGIOUS LAND USE IN THE FEDERAL COURTS UNDER RLUIPA |
120 Harvard Law Review 2178 (June, 2007) |
The Constitution makes religious belief a private matter, but in the age of the megachurch and the perceived war on Christmas, where and how Americans express their faith are matters of great public interest. Consequently, much has been written about the zoning provisions of the Religious Land Use and Institutionalized Persons Act of 2000... |
2007 |
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| Robert W. Adler |
RESTORING THE ENVIRONMENT AND RESTORING DEMOCRACY: LESSONS FROM THE COLORADO RIVER |
25 Virginia Environmental Law Journal 55 (2007) |
I. Introduction. 55 II. The Changing Colorado River. 57 III. The Place of Restoration in Environmental Law. 62 IV. Restoration and Democracy. 65 A. Wild Burros and Ground Sloths - What is a Natural Restored Ecosystem?. 65 B. Humpback Chub and Rainbow Trout - What is a Desirable Restored Ecosystem?. 71 C. Tamarisk and Eagles - Can Restored... |
2007 |
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