Journal of Environmental Law & Litigation : Vol. 31 No. 1 (2015)

Permanent URI for this collection

https://hdl.handle.net/1794/19857

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 Access the current issue of JELL at http://www.law.uoregon.edu/org/jell/articles.php

Browse

Now showing 1 - 6 of 6

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?
Open Access
The Elephant in the Room
(University of Oregon School of Law, 2016-05-09) Albert, Troy Benjamin
Every fifteen minutes a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in twenty years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated, but are they enough?
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, Monica
Federal 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.
Open Access
Riparian Buffers: The Lack of Buffer Protection Policies and Recommendations to Expand Protection
(University of Oregon School of Law, 2016-05-09) Merrill, Maximilian
Protecting riparian buffers is the best and most economical way to bar nonpoint source pollution from surface waters.
Open Access
Utilizing Home Rule: The Case for Restricting Hydraulic Fracturing at the Local Level
(University of Oregon School of Law, 2016-05-09) Schamber, Jolie
The surge of hydraulic fracturing in the United States has spawned concern over public health risks associated with the practice. Some states, such as New York, have ultimately banned hydraulic fracturing citing significant environmental and public health hazards. Nationally, debate over regulation of hydraulic fracturing has taken center stage.
Open Access
Justice Ginsburg Is Right: The EPA’s Veto Authority Under the Clean Water Act Is “Hardly Reassuring” Against Evasive Polluters
(University of Oregon School of Law, 2016-05-09) Bahadue, Suria M.
On January 13, 2011, the U.S. Environmental Protection Agency (“EPA”) made history. The EPA issued its thirteenth veto in nearly half a century to shut down portions of the largest mountaintop removal mining project ever authorized in West Virginia, the Spruce No. 1 Mine.

Browse

Recent Submissions