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The Carbon Footprint of the Whiskey Industry: is Federal Preemption at Odds with Environmental Health?

Dana Dabbousi

February 21st 2024

by Jenisha Sabaratnam* Introduction In Mulberry, a small town in Lincoln County, Tennessee, residents have begun noticing the growth of a suspicious black fungus. The most likely culprit? Whiskey. Several Jack Daniels warehouses near the town are home to countless barrels of whiskey. During the distillation process, ethanol is released ...

The World is My Oyster and Other Tales of Domination: The Critique From Ecosystem Services

March 8th 2022

This Article levels a critique of resource-driven capitalism and the associated, facilitative property rights from the position of ecosystem services. Pitting nature as resource against nature as ecosystem services reveals that the value of nature lies beyond the price of tradeable goods and that economic regicide results not from regulation ...

State and Local Control of Federal Lands: New Developments in the Transfer of Federal Lands Movement

ELQ Journal

August 21st 2018

The history of federal public lands is one of national interests, not those of any particular state or county government. It was the federal government, not western states, that acquired these lands through “purchase or conquest.” After an early period of federal land sales and disposals, much of the public ...

Opportunities to Address Climate Change in the Next Farm Bill

ELQ Journal

November 28th 2017

  Sara Dewey,[2] Liz Hanson,[3] & Claire Horan[4] This post is part of the Environmental Law Review Syndicate (ELRS). Original article can be found here. Introduction The Farm Bill affects nearly every aspect of agriculture and forestry in the United States. Therefore, its next reauthorization offers an important opportunity to better ...

The Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate

ELQ Journal

December 19th 2016

Caitlin Brown Caitlin Brown is a 3L at Berkeley Law and Co-Editor in Chief of Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate (ELRS).   Introduction The National Park Service manages over 84 million acres of land divided between 413 different sites, and in 2015 ...

Pipelines, Protests and General Permits

ELQ Journal

October 30th 2016

Samantha L. Varsalona Samantha Varsalona is a 2L at Georgetown University Law Center and Staff Member of Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate (ELRS). Abstract The Dakota Access Pipeline (DAPL) has become a contentious topic in recent months. The controversy centers around ...

Congress Must Act To Fully Fund the Land and Water Conservation Fund

ELQ Journal

May 26th 2016

 Andrew J. Lewis* [ Click Here to Comment ][ download PDF ]   Introduction This past summer my family celebrated my grandfather’s 90th birthday by walking the Civil War battlefield at Chancellorsville Virginia. The battlefield forms a section of the Fredericksburg and Spotsylvania National Military Park, 7600 acres of rural ...

A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It

ELQ Journal

October 30th 2015

Christopher Hyner Christopher Hyner is a 3L at Georgetown University Law Center, where he is a Managing Editor for the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Climate change. Ocean dead zones. Fisheries depletion. Species extinction. Deforestation. World hunger. ...

Enhancing biodiversity on working agricultural lands through environmental mitigation and offsets: Opportunities in Australia and the United States

ELQ Journal

October 18th 2015

Matthew Roach* [ Click Here to Comment ][ Download PDF ] Australian agencies have extensive experience managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a ...

Damages from Pesticide Spray Drift under Trespass Law

ELQ Journal

March 21st 2014

Terence J. Centner* [ Click Here to Comment ][ download PDF ] Introduction In today’s world, millions of people lack access to sufficient quantities of food to meet recommended dietary needs.[1] As the world’s population grows, global demand only increases for food and fiber.[2] These shortages are occurring despite significant ...

Geographic Indications as a Tool to Promote Sustainability? Café de Colombia and Tequila Compared

ELQ Journal

October 29th 2012

Jennifer Barnette* [ Click Here to Comment ][ download PDF ] Geographical indications (GIs) are a type of intellectual property right associated with place-based names. GIs are used to identify products that come from certain regions and have particular characteristics that indicate the product’s quality or reputation (e.g. “Champagne,” “Roquefort”).[1] ...

Will the Wilderness Act Be Diluted in Drakes Estero?

ELQ Journal

August 27th 2012

Nell Green Nylen, Elisabeth Long, Mary Loum, Heather Welles, Dan Carlin, Brynn Cook, and Sage Adams* [ Click Here to Comment ][ download PDF ] <<< See Update 1, November 29, 2012, Below >>> <<< See Update 2, December 10, 2012, Below >>> Introduction and Background Drakes Bay Oyster Company ...

Acceptability of the Deschutes Groundwater Mitigation Program

ELQ Journal

June 7th 2011

Eva Lieberherr* [ Click Here to Comment ][ download PDF ] “We can’t create water or increase the supply. We can only hold back and redistribute what there is.”[1] In the last decade, the Deschutes River Basin in Central Oregon has faced growing urbanization, shifting water uses, and increasing ecosystem ...

A National Injustice: The Federal Government’s Systematic Removal and Eradication of an American Icon

ELQ Journal

February 17th 2011

Bruce Wagman[*] & Lisa McCurdy[**] [ Click Here to Comment ] [ download PDF ] Brutal captures and deaths of American wild horses are occurring on the range. This is not a fictional western gone bad but federal policy. The government tries to justify this cruelty with junk science and ...

BP’s Well Evaded Environmental Review: Categorical Exclusion Policy Remains Unchanged

ELQ Journal

November 3rd 2010

Jaclyn Lopez* [ Clck Here to Comment ][ download PDF ] Introduction Sea snot, tar balls, and designated oiled carcass holding locations are just a few of the many appalling and lingering consequences of the failure of BP’s Macondo well in the deep waters of the Gulf of Mexico. The ...

Promoting the Urban Homestead: Reform of Local Land Use Laws to Allow Microlivestock on Residential Lots

ELQ Journal

September 9th 2010

Mary Wood, Jeremy Pyle, Naomi Rowden, & Katy Irwin* [ Click Here to Comment ] [ download PDF ] Introduction Over the past several decades, Americans have divorced themselves from the ages-old endeavor of growing and harvesting their own food. During this era, the food system has undergone a radical ...

Implementing SB 375: Promises and Pitfalls

ELQ Journal

June 9th 2010

Heather Haney* [ Click Here to Comment ][ download PDF ] Introduction On September 30, 2008, California passed the Sustainable Communities and Climate Protection Act, or SB 375. The legislation was the first in the country to link land use, transportation, and housing planning with global warming. The nation’s attention ...

A Framework for Energy Independence via Solar Hosting Farms

ELQ Journal

August 12th 2009

Raymond Marshall* [ jump to end/comments ][ download PDF ] Introduction Imagine for a moment that you live in an apartment building, rent commercial space in a shopping center, lease office space in a building, own a house in a densely wooded area, or manage a government agency in a ...

An Argument For Placing Logging Roads Under the NPDES Program

ELQ Journal

March 10th 2009

Kevin Boston & Matt Thompson * [ jump to end/comments ][ download PDF ] Introduction Recent judicial decisions addressing the impact of forest management on water quality suggest that EPA’s clarification of regulations under the Clean Water Act (CWA) may become increasingly important. Courts currently must decide whether water pollution ...

Restoring Public Trust in the Public Lands: An Agenda for the New Administration

ELQ Journal

January 27th 2009

Eric Biber, Holly Doremus, Dan Farber, Rick Frank, and Joseph Sax * [ jump to end/comments ][ download PDF ] Federally-owned and managed public lands occupy approximately thirty percent of the land area of the United States, and anywhere from forty-five percent to over eighty percent of the land area ...

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