Journal of Environmental Law and Litigation
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The Journal of Environmental Law and Litigation (JELL), has provided a national, unbiased forum for the discussion and presentation of new ideas and theories in environmental and natural resources law since 1985. JELL educates students for careers in environmental law, disseminates important information to the environmental community, and plays an integral role at the University of Oregon Law School's nationally and internationally recognized environmental law program.
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
Digitized issues from 1986-present are available from HeinOnline (restricted to UO community members).
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Item Open Access Adapting to Climate Change on the Oregon Coast: Lines in the Sand and Rolling Easements(University of Oregon School of Law, 2014-04-17) Johnson, Courtney B.; Schell, Steven R.Item Open Access Adapting to Water Scarcity: A Comparative Analysis of Water Harvesting Regulation in the Four Corner States(University of Oregon School of Law, 2013-05-05) Cummings, KatherineItem Open Access Advances in Marine Spatial Planning: Zoning Earth’s Last Frontier(University of Oregon School of Law, 2014-05-08) Johnson, Courtney B.Item Open Access Animal Agricultural Exceptionalism in the 21st Century(University of Oregon School of Law, 2022-05-03) Regenstreif, ClaireAgriculture has always played a huge role in the American economy and way of life. Many laws today illustrate the singular importance of the agriculture industry and the government’s willingness to create legal carve-outs for agriculture. This Article focuses on two significant examples of agricultural exceptionalism as it applies to animal agriculture specifically. First, it explores state ag-gag laws, which facilitate and protect rampant unsound practices within the animal agriculture industry. Second, this Article explores federal law exempting animal agriculture facilities from greenhouse gas (GHG) reporting requirements that apply to other industries. These two examples illustrate a deeply rooted and pervasive approach to the agriculture industry.Item Open Access Animals in the Law: Occupying a Space Between Legal Personhood and Personal Property(University of Oregon School of Law, 2016-05-09) Tatoian, Erica R.The law treats our companion animals, for most purposes, the same as other forms of chattel: a pair of shoes, a chair, a cell phone. But how can this be so? How can the law not discern between sentient beings and inanimate objects?Item Open Access An Attempt at Clearing the Muddied Waters of the United States(University of Oregon School of Law, 2019-06-19) Ramirez, VanessaWater affects a large portion of our daily lives, dictating where we live, what we eat, and ultimately what we drink. It should come as no surprise, then, that it is important that the quality of the water we rely on should be protected. Although Congress’s intent was to do just that, what it may have done was open the floodgates to jurisdictional overreach and mixed interpretations.Item Open Access Beyond a Government-the-Hunter Paradigm: Challenging Government Policies on Deer in a Critical Ecological Era(University of Oregon School of Law, 2015-06-12) Hall, LeeThis Article examines the current forcible model of deer control sweeping the United States and proposes another model in its stead: one that adapts and works symbiotically with natural processes. Effective resource management and sound environmental ethics are supported by a shift away from heavy-handed animal control. A shift in management perspective makes sense when the presence of deer is officially treated as a “pest” problem. Although, with time and patience, a natural balance could be achieved. Moreover, forcible animal control can diminish biodiversity and exacerbate climate change in ways science is just beginning to understand. Emerging research results indicate the need for policy changes.Item Open Access Break the Law to Make the Law: The Necessity Defense in Environmental Civil Disobedience Cases and Its Human Rights Implications(University of Oregon School of Law, 2018-06-11) Fallon, Abigail J.This Article will discuss the importance of civil disobedience and potential human rights implications of the necessity defense where climate change activists are concerned.Item Open Access Breaking Doctrinal Silos Between Environmental Law, Disability Law, and Torts to Stop the Spread of Infectious Disease Through Contaminated Indoor Air(University of Oregon School of Law, 2024-05-01) Bard, Jennifer S.This Article introduces a practical legal strategy for immediately implementing new scientific discoveries concerning disease transmission to improve indoor air quality and reduce infectious disease spread. This strategy transcends traditional legal silos and bridges these gaps by integrating three disciplines that seldom collaborate: disability law, negligence law, and state environmental law. In so doing, it assembles a toolkit of legal instruments to alleviate the burden of infectious diseases for all Americans in their daily lives — whether they are working, traveling, shopping, worshiping, attending school, or seeking health care.Item Open Access Burden of Proof: Real Burden in Environmental Litigation for the Niger-Delta of Nigeria(University of Oregon School of Law, 2020-07-01) Odong, Nsikan-AbasiThe Niger-Delta is the oil- and gas-rich region of Nigeria, which has been described as an epitome of the resource curse—poverty, squalor, illiteracy, and environmental degradation exist adjacent to the unspeakable wealth taken from the region. However, a judicial approach to addressing the environmental degradation in the region has not yielded the desired result because, among other reasons, Nigerian law places the burden of proof in environmental litigation on the plaintiff. The plaintiff has to show on a balance of probabilities that the defendant’s action or omission was the cause of the environmental harm that resulted in injury to either the plaintiff or the plaintiff’s interest. With pervasive poverty in the Niger-Delta, discharging the burden of proof becomes a herculean task.Item Open Access Can an Oil Pit Take a Bird?: Why the Migratory Bird Treaty Act Should Apply to Inadvertent Takings and Killings by Oil Pits(University of Oregon School of Law, 2016-05-09) Carusello, MonicaFederal courts currently disagree about the scope of criminal liability under the Migratory Bird Treaty Act (hereinafter “MBTA” or “Act”). The controversy involves the meaning of the word “take” and whether it applies to legal, commercial activity not directed at harming birds. The issue has recently arisen in the oil and gas context, where the question is whether an oil pit can “take” a migratory bird in the course of its ordinary, regulated, use.Item Open Access The Carrot Is the Stick: Food as a Weapon of Systemic Oppression for Black Consumers and the Disenfranchisement of Black Farmers(University of Oregon School of Law, 2021-05-14) Roussel, Shawn “Pepper”Disparities are commonly incorporated into the laws and policies of the U.S., making it near impossible for Blacks to achieve parity and equity with White counterparts.1 This article posits that discussions around types of oppressions ignore the most basic, if not most insidious, form: food. Food oppression is an utterly heinous means of oppression because food is a necessity for continued life, and it informs public healthItem Open Access The Case of Anticipating Changes in the North Korean Food Safety Regime(University of Oregon School of Law, 2020-07-01) Kim, Yi SeulThis Article aims to provide one of the world’s first analyses of the North Korean food safety regime. Very rarely has this regime been a subject of discussion, as much attention has been diverted to food security issues. However, food safety remains a critical problem for the people.Item Open Access Clean Air Act Section 111(d) CO2 Reduction Compliance Pathways for the Pacific Northwest and Intermountain West States(University of Oregon School of Law, 2015-06-12) Duncan, AngusThe Article describes the architecture of a regional electric grid extending across nine Intermountain West (IMW) and Pacific Northwest (PNW) states, characterized by coal-fired generation on the east and south serving loads across the region including states to the west with few or no coal facilities but with significant loads and energy efficiency opportunities. This multi-state system architecture argues for an Environmental Protection Agency (EPA) Clean Air Act § 111(d) strategy that calculates the required Best System of Emissions Reduction (BSER) standard on both a state-by-state and a regional basis, and for a rule that affords states wide flexibility to enter into a range of multi-state compliance arrangements.Item Open Access Climate Change and Oregon Law: What Is to Be Done?(University of Oregon School of Law, 2018-06-11) Brickley, Alan K.; Schell, Steven R.; Sullivan, Edward J.This Article accepts the fact of climate change and attempts to set out some practical considerations and tools by which Oregon may respond to climate change.Item Open Access Climate Change Litigation: Determinations of the Supreme Court of Ireland on the National Mitigation Plan(University of Oregon School of Law, 2022-05-03) Van Wyk, SanitaThe case of Friends of the Irish Environment CLG v. the Government of Ireland, Ireland and the Attorney General was initially instituted in 2017 in the High Court of Ireland and finally decided by the Supreme Court of Ireland in 2020 as a matter of general public importance. The Applicant in this matter alleged that Ireland’s National Mitigation Plan violated the country’s Climate Action and Low Carbon Development Act 46 of 2015, the Constitution of Ireland, and the European Convention on Human Rights. The Supreme Court’s decision marks a rare occasion on which the highest court of a country decided that the government has a legal obligation to reform certain environmental policies in order to prevent dangerous climate change. Within the aforementioned framework, this Article explores Ireland’s National Mitigation Plan of 2017, the country’s Climate Action and Low Carbon Development Act of 2015, and the related Amendment Bill of 2020. The main objective of this Article is to examine the validity of Ireland’s National Mitigation Plan of 2017, as framed by the Supreme Court.Item Open Access Climate Change, Human Mobility, and Climate Finance: Potential Linkages and Challenges(University of Oregon School of Law, 2023-04-28) Naser, Mostafa Mahmud; Reza, Hossain MohammadThe aim of this Article is to explore the probable approaches that can be considered by developing countries to secure finance from the existing funds for climate-related human mobility. With this goal in mind, this Article critically analyses the UNFCCC regime, especially those provisions in the Paris Agreement, which can potentially be applicable to human mobility in the context of climate change. It also examines the existing climate funds which are created to support the efforts of vulnerable developing countries to combat the challenges of climate change. It is argued that in the absence of specific legal protection in international law and international environmental law, linking human mobility with existing financial commitments of the developed countries will allow vulnerable developing countries to find a viable financial solution meeting the needs for the protection of climate-related human mobility. How the linkage can be established and what might be the legal basis and scope of such linkage will be analyzed in this Article. This Article will contribute to the literature by emphasizing the importance of linking climate finance with migration, with attention to adaptation and loss and damage, and will help to outline policy challenges and design of adaptation funding in the future.Item Open Access Climate Risk Is Investment Risk(University of Oregon School of Law, 2021-05-14) Scanlan, Melissa KThis Article will explain how the climate crisis places a new focus on the purpose of the corporation; private governance and voluntary sustainability reporting; and the new mandatory reporting approach in the EU, its limitations and potential reforms, and possible replication in the United States.Item Open Access Compensating for Natural Resource Damage Caused by Vessel-Induced Marine Oil Pollution: Comparing the International, U.S., and Chinese Regimes(University of Oregon School of Law, 2014-05-08) Jing, Liu; Faure, Michael; Hui, WangItem Open Access Compulsory Vaccinations: Balancing the Equitable Reality of Police Power with Provider Assistance Through an Improved Informed Consent Process(University of Oregon School of Law, 2017-05-22) Ritchey, William JamesThis Comment addresses the constitutionality and viability of compulsory vaccination of adults and children in the United States.