In the present comment I expand on Petersmann's recent article's assertion that, given the numerous interests and stakeholders who participate in international economic law dispute resolution, ‘“principles of justice” be [come] important for peaceful dispute settlement and coherent...

This Article posits that in its role as the lead agency among the United States' natural resources trustees, the National Oceanic & Atmospheric Administration's piecemeal assessment of natural resources damages, i.e., valuing one dead bird at a time or the death of just a tract of marsh, fails...

Water stands today as one of the most critical dangers one of the critical breakdowns of peace between nations. It has replaced the threat of war over oil. This breakdown is particularly acute where populations rely exclusively on groundwater. For example, in the United States most of the...

The reauthorization of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") affords Congress and the states with the opportunity to clean-up numerous sites that have been contaminated by oil and gas waste. In this article I review CERCLA's statutory scheme and urge...

Groundwater modelling is used to establish liability in complex environmental litigation, where subsurface contamination is at issue. As in all complicated legal actions experts are called upon to establish the validity and the accuracy of a groundwater model. The end result of most, if not all,...

During the 1990s scholarship about water security abounded. However that debate abated at the ‎turn of this century. This lack of exploration is surprising, particularly given the negative impacts ‎of climate change upon the world's water resources, and the concomitant water insecurity that...

Fracking, aka hydro-fracking or slickwater fracking, particularly in the Appalachian Basin, has yielded a good deal of legal scholarship. These articles have addressed a host of issues. However, that scholarship has yet to consider an indispensable topic: the science that underlies and controls...

In submitting disputes over environmental harms to an international court or tribunal, the parties to the conflict seek a workable remedy for the issue(s) that triggered the action. Environmental disputes are a relatively recent class of cases that have been litigated in international courts....

This chapter in an upcoming book on Climate Justice initially discusses the status of American and Canadian indigenous communities and focuses on specific tribes in North America. Following a brief introduction of Canadian and American indigenous peoples, this chapter addresses the threats faced...

This article addresses the issue of insurance coverage for commercial enterprises as a consequence of the recent spate of droughts in the southwestern United States. This almost two-decade long drought results from increasing temperatures and climate change. The article posits that damage or...