Journal of Environmental Law & Litigation : Vol. 34 (2019)
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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. K10 .O425
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Item Open Access Up in Smoke: The Looming Insolvency of Oregon Marijuana Growers and the Case for Chapter 12 Bankruptcy Relief(University of Oregon School of Law, 2019-06-19) Haynes, AaronThis comment argues that chapter 12 bankruptcy and the enjoinment of funds for Department of Justice (DOJ) actions that interfere with state medical marijuana laws pursuant to the Rohrabacher-Farr amendment present a solution to the looming insolvency of Oregon marijuana growers.Item Open Access Growing with Water Hazards in California: State and Local Leadership for Climate Adaptation in Comprehensive General Land-Use Plans(University of Oregon School of Law, 2019-06-19) Hajarizadeh, EmilyThis Article considers federal, state, and local climate-planning tools in the context of water resource adaptation in California and presents research on local climate action plans that identify two potential strategies for local governments to continue their demonstrated leadership in climate planning.Item Open Access Market Share Liability: Lessons from New Hampshire v. Exxon Mobil(University of Oregon School of Law, 2019-06-19) Hastings, Justine S.; Williams, Michael A.In this article, we discuss the role played by market share liability in the New Hampshire MTBE (methyl tertiary butyl ether) litigation. We examine the history of market share liability in litigation involving a number of products, as well as the strengths and weaknesses of market share liability in other areas of product liability litigation. We also discuss how market shares can be weighted to reflect the relative damages caused by similar—but not identical—products.Item Open Access Oil Exploration, Environmental Degradation, and Future Generations in the Niger Delta: Options for Enforcement of Intergenerational Rights and Sustainable Development Through Legal and Judicial Activism(University of Oregon School of Law, 2019-06-19) Faga, Hemen Philip; Uchechukwu, UguruThe Niger Delta region of Nigeria has been inundated with oil pollution since the beginning of oil exploitation in the 1960s. The pollution has led to environmental degradation, which has adversely affected the lives of the inhabitants and ruined the local economy of the region. This Article discusses the condition of the Niger Delta environment and its inhabitants from the perspective of intergenerational rights, equity, and justice. It analyzes the role of domestic and foreign legal norms—both statutory and case law—in the quest to balance economic development with environmental sustainability, equity, and justice in Nigeria’s petroleum sector.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 A Guide to Development Order “Consistency” Challenges Under Florida Statutes Section 163.3215(University of Oregon School of Law, 2019-06-19) Grosso, RichardLegal challenges to local government development orders on the basis that they violate adopted comprehensive plans are unique and specialized cases. Because these orders are governed by a mix of statutory and judicial rules that depart significantly from common law practice, practitioners should be well aware prior to undertaking or defending such a case. This Article comprehensively introduces practitioners to those rules.Item Open Access Establishing an “International Climate Court”(University of Oregon School of Law, 2019-06-19) Banthia, VinitaIn light of the United States recently withdrawing its support for the Paris Climate Agreement, and the long history of unsuccessful attempts to achieve a global climate deal, this Article proposes establishing an international climate court. The international climate court would monitor nations’ progress in accomplishing their climate goals and enforce the provisions of the Paris Climate Agreement and any agreement to come after it.Item Open Access Current Trends in Application of the Absolute Pollution Exclusion in CGL Policies: Cross-Border Comparison Between New York and Canadian Laws(University of Oregon School of Law, 2019-06-19) Svirsky, Gary; Panchok-Berry, Janine; Elin, Jacob; Lee, Yong BumThis article looks at the history of the absolute pollution exclusion (the Exclusion), discusses leading cases under New York and Canadian law—which has relied on New York law—and considers general approaches that courts have used to interpret the Exclusion.Item Open Access The Human Right to a Healthy Environment in Cameroon: An Environmental Constitutionalism Perspective(University of Oregon School of Law, 2019-06-19) Betaah, Azaufa Takunjuh Ngundem; Albrecht, Eike; Egute, Terence OnangThis article describes the environmental provisions of the 1996 Cameroon Constitution regarding the human right to a healthy environment, identifies challenges that make effective environmental protection unlikely, and recommends solutions for positive environmental outcomes in Cameroon.Item Open Access Trophy Hunting – A Relic of the Past(University of Oregon School of Law, 2019-06-19) Dellinger, MyannaThis article argues that the hunting of endangered and threatened species for mere “sport” should be outlawed and that the trans-border transportation of parts of trophy-hunted animals should be more closely examined and restricted than what is currently the case.Item Open Access Food Labeling and the Environment(University of Oregon School of Law, 2019-06-19) Wiseman, Samuel R.; Wiseman, Hannah J.Despite its bucolic associations, agriculture—in its modern, industrialized form—has numerous and substantial negative impacts on the environment, including habitat loss; water pollution from fertilizer, animal waste, and pesticide runoff; soil erosion; depletion of water resources for irrigation; and air pollution, among others.These harms are exacerbated in the United States by the numerous statutory exemptions from otherwise applicable environmental regulations that the agricultural industry enjoys. More stringent regulation is clearly needed, but, in light of the formidable strength of the farm lobby, it is worth considering whether there are other ways of reducing agriculture’s environmental harms that could be more readily implemented. This Article will propose one alternative: harnessing increased consumers’ interest in the provenance of their food by creating a certification and labeling program for food produced in an environmentally responsible fashion.