Table of Contents

Utilizing Home Rule: The Case for Restricting Hydraulic Fracturing at the Local Level

Jolie Schamber, Emory University, School of Law, Students

Keepings

Donald J. Kochan, Chapman University, The Dale E. Fowler School of Law

Marine Pollution and the South Asian Coastal States: A Legal Appraisal

Abdullah Al Arif, Daffodil International University
Md. Ershadul Karim, University of Malaya, Faculty of Law, Students


ENVIRONMENTAL LAW & POLICY eJOURNAL

"Utilizing Home Rule: The Case for Restricting Hydraulic Fracturing at the Local Level" Free Download

JOLIE SCHAMBER, Emory University, School of Law, Students
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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. The current regulatory scheme is a patchwork of state regulation with minimal federal oversight that leaves many individuals at risk of health and property damages.

For individuals negatively affected by hydraulic fracturing, pursuing a cause of action may not be a viable option. Poorly defined property rights and significant evidentiary barriers often hinder individuals from the ability to purse a legal remedy for injuries suffered as a result of nearby hydraulic fracturing operations.

Using their home rule powers, municipalities may be in the best position to insulate their residents from health and property damages by restricting or banning hydraulic fracturing within their borders. This article will analyze why hydraulic fracturing poses substantial health and property risks; why the currently regulatory regime leaves individuals vulnerable; and will suggest strategies for municipalities to restrict or ban hydraulic fracturing with their borders.

"Keepings" Free Download
NYU Environmental Law Journal, (2015) Forthcoming

DONALD J. KOCHAN, Chapman University, The Dale E. Fowler School of Law
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Individuals usually prefer to keep what they own. Property law develops around that assumption. Alternatively stated, we prefer to choose whether and how to part with what we own. As with the affection and attachment we have for our memories captured in the lyrics of the George Gershwin classic, so too do most individuals adopt a “they can’t take that away from me? approach to property ownership.

We often focus on the means of acquisition or transfer in property law. We less often look at the legal rules that support one’s ability to keep what she owns. Yet, it is precisely the ability to keep property that motivates its acquisition and that serves as a necessary element in offering any property up in a transaction as well – the property’s value is directly correlated with the buyer’s confidence in the seller’s authority to transfer (which can only exist if the owner also has the authority to keep it, i.e. not transfer) and with the buyer’s own confidence in his ability keep the property once he acquires it in the transfer.

This Article will catalog and evaluate a variety of doctrines, assumptions, presumptions, principles, and guidelines that exist for the purposes of aiding owners in keeping their property. I use “keepings? and “keepings rules? as terms that will refer collectively to these parts of the substantive law and legal infrastructure. Included is an analysis of these keepings rules within a Hohfeldian framework of immunities. In conclusion, the Article explains why these keepings rules are a necessary and vital component of an effectively operating property system.

"Marine Pollution and the South Asian Coastal States: A Legal Appraisal" Free Download

ABDULLAH AL ARIF, Daffodil International University
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MD. ERSHADUL KARIM, University of Malaya, Faculty of Law, Students
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South Asia is the living place of more than one-fifth of the world’s population and it is the most densely populated region in the world. There are five coastal states in this region (i.e. Bangladesh, India, Maldives, Pakistan and Sri Lanka) and due to their great reliance on the sea for their livelihood, the people here contribute toward pollution which may have disastrous consequences in the long run. This article, with a brief focus on international and regional legal initiatives on marine pollution, considers the existing municipal legal framework to handle the issue in these countries. It has been revealed that this issue of marine pollution is not considered seriously yet and the existing laws are mostly outdated and leniently implemented.

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ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
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