READY FOR AN ENVIRONMENTAL BILL OF RIGHTS?
As this is written, a New Jersey legislator plans to introduce a bill that could lead to the amendment of the state constitution. This amendment is being referred to the “Bill of Environmental...
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Troubled Waters – Blue Lakes Turning Green From Toxic Algal Blooms
Frank DeOrio knows a lot about protecting drinking water. For more than 25 years, Frank was Director of Utilities for the City of Auburn located in the pristine Finger Lakes region of Upstate New...
View ArticleWho Goes First? What Happens When Two Federal Mineral Lessees Clash Over The...
In January, the Wyoming Supreme Court declined to play umpire in a dispute between two federal mineral lessees. The decision merely defers an issue of first impression: what rules apply when competing...
View ArticleFlorida Gets A “Do-Over”
Florida v. Georgia, 585 U.S. ____ (2018), Slip Opinion No. 142, June 27, 2018On June 27, in a 5-4 decision the U.S. Supreme Court (SCOTUS or the Court) rejected the Special Master’s conclusion that the...
View ArticleENVIRONMENTAL RIGHTS IN PENNSYLVANIA
One year ago—June 20, 2017—the Pennsylvania Supreme Court issued a landmark decision on constitutional environmental rights. The case, Pennsylvania Environmental Defense Foundation v. Commonwealth...
View ArticleVon Humboldt's Gifts
Somehow I'd made it this far into my life without ever having heard of Alexander Von Humboldt. Now, thanks to a wonderfully enlightening and beautifully written biography, I'm in a state of wonderment...
View ArticleWHO WINS WHEN FEDERAL MINERAL LESSEES COLLIDE WITHIN THE SAME ACREAGE?
Berenergy Inc. has been operating seven oil and gas wells on three federal leases in the Powder River Basin area of Wyoming since the 1960s. Peabody Energy has been strip mining coal on multiple...
View ArticleOver/Under—Great Environmental Fiction/Nonfiction
I just finished reading two books that I would highly recommend to anyone concerned about the environment and global climate:— The Overstory, a novel by Richard Powers. It won the 2018 Pulitzer Prize...
View ArticleDoes The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the...
Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion...
View ArticleExtending Fundamental Rights to Lake Erie?
An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes...
View ArticleCARB Continues Global Leadership Role on Climate with Adoption of Tropical...
After nearly a decade of work, on September 19, 2019, the California Air Resources Board (CARB) endorsed its much anticipated Tropical Forest Standard (TFS). The TFS is a first-of-its-kind framework...
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Modern Day Alchemy: New Help for Treating Acid Mine Drainage
Two promising new technologies—recovery of rare earths from acid mine drainage (AMD and conversion of AMD treatment by-products to paint pigments are bringing new hope to remediating AMD polluted...
View ArticleWelcoming Our New Honorary Member: John Echohawk
One of the perquisites of serving as President of the ACOEL is being able to select this year’s Honorary Fellow of the College. When faced with a stack of nominating papers, I asked my predecessor,...
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