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Environmental Law

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2010

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Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek Dec 2010

Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek

Chicago-Kent Law Review

The United States' primary transportation energy sources are fossil fuels, namely, gasoline and diesel. These products have high environmental, security, and financial costs. A strong emphasis has been placed on biofuels, especially ethanol and biodiesel, to lessen reliance on fossil fuels. Historically, high production costs, lack of infrastructure, return on investment anxieties, and concerns about scaling-up production have slowed the development of these alternative technologies. Today, biotechnological solutions are lowering productions costs and making large scale production more economically feasible. Patents can lessen anxieties about investment as they can provide longer-term protection and market exclusivity for patented technologies. As biofuels …


Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley Dec 2010

Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley

Chicago-Kent Law Review

The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …


Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen Dec 2010

Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen

Chicago-Kent Law Review

Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes …


Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern Dec 2010

Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern

Chicago-Kent Law Review

There is a schism in the legal scholarship between scholars who argue that value, norm, and information campaigns can induce pro-environmental behavior and those who contend that structural, psychological, and social forces sharply constrain behavior change. Both sides of this debate have neglected the critical and ever-increasing role of technology in addressing residential pollution. The example of electricity "smart grids" illustrates how technology engineered to override cognitive and behavioral limitations can comprehensively reduce household consumption and emissions. Electricity conservation suffers from multiple barriers to collective action, including large numbers of geographically dispersed polluters, low financial payoffs, and, the contribution of …


The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock Dec 2010

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock

Chicago-Kent Law Review

Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …


Green Diesel: Finding A Place For Algae Oil, Fred Bosselman Dec 2010

Green Diesel: Finding A Place For Algae Oil, Fred Bosselman

Chicago-Kent Law Review

The prospect of obtaining domestically-produced biodiesel from algae has attracted wide investor interest. Although many analysts predict that economic production is five to ten years away, the production process involves such a wide range of environmental and land use issues that it is not premature to begin thinking about the kinds of places in which "green biodiesel" could be efficiently made in the United States. Our land use and environmental laws were all drafted by people who never imagined the possibility that huge volumes of algae would be an important energy resource; nor could they have known that the location …


Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble Dec 2010

Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble

Chicago-Kent Law Review

2010 will not be remembered as the year when the domestic energy landscape changed, dominated as it was by environmental catastrophe and human calamity and tragedy caused by the search for and extraction of traditional fossil fuels. In fact, clean(er) energy and greater efficiency seem, in some ways, to be less of a reality at the beginning of the second decade of the twenty-first century than many would have predicted (and hoped). Furthermore, a contentious mid-term election season (stoked by fears of massive deficits, rising national debt and ballooning government) dominated the headlines at the expense of what could prove …


Cap-And-Trade Spells Economic Disaster For America's Poor., Jay B. Wiley Dec 2010

Cap-And-Trade Spells Economic Disaster For America's Poor., Jay B. Wiley

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Recovery Of An Endangered Provision: Untangling And Revising Critical Habitat Under The Endangered Species Act, Kalyani Robbins Dec 2010

Recovery Of An Endangered Provision: Untangling And Revising Critical Habitat Under The Endangered Species Act, Kalyani Robbins

Buffalo Law Review

No abstract provided.


The Law Of Sustainable Development: Keeping Pace, John R. Nolon Nov 2010

The Law Of Sustainable Development: Keeping Pace, John R. Nolon

Pace Law Review

No abstract provided.


Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak Nov 2010

Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak

Golden Gate University Environmental Law Journal

This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. …


The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose Nov 2010

The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose

Golden Gate University Environmental Law Journal

This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability …


Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin Nov 2010

Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin

Golden Gate University Environmental Law Journal

No abstract provided.


How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock Nov 2010

How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock

Golden Gate University Environmental Law Journal

The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for water. Predicting the future is impossible, but the most conservative …


Hampton And Nasa's Refuse Fired Steam Plant, Albert Barker Nov 2010

Hampton And Nasa's Refuse Fired Steam Plant, Albert Barker

William & Mary Environmental Law and Policy Review

No abstract provided.


Title Page Nov 2010

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.


Uncommon Law: Ruminations On Public Nuisance , Richard O. Faulk Nov 2010

Uncommon Law: Ruminations On Public Nuisance , Richard O. Faulk

Journal of Environmental and Sustainability Law

No abstract provided.


Table Of Contents Nov 2010

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Prairie Winds: A Look At Commercial Wind Farm Regulation Within Kansas. Zimmerman V. Board Of County Commissioners Of Wabaunsee County, Jonathan R. Austin Nov 2010

Prairie Winds: A Look At Commercial Wind Farm Regulation Within Kansas. Zimmerman V. Board Of County Commissioners Of Wabaunsee County, Jonathan R. Austin

Journal of Environmental and Sustainability Law

No abstract provided.


State Sponsored Global Warming Litigation: Federalism Properly Utilized Or Abused?, Joseph Forderer Nov 2010

State Sponsored Global Warming Litigation: Federalism Properly Utilized Or Abused?, Joseph Forderer

Journal of Environmental and Sustainability Law

No abstract provided.


Where Are We Going To Put All Of This Junk? The Ninth Circuit Dismisses An Attempt To Construct A Large Landfill In Southern California. National Parks & Conservation Association V. Bureau Of Land Management, Aaron Sanders Nov 2010

Where Are We Going To Put All Of This Junk? The Ninth Circuit Dismisses An Attempt To Construct A Large Landfill In Southern California. National Parks & Conservation Association V. Bureau Of Land Management, Aaron Sanders

Journal of Environmental and Sustainability Law

No abstract provided.


Who's Footing The Bill For The Attorneys' Fees?: An Examination Of The Policy Underlying The Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm V. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers Nov 2010

Who's Footing The Bill For The Attorneys' Fees?: An Examination Of The Policy Underlying The Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm V. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers

Journal of Environmental and Sustainability Law

No abstract provided.


No Prp Left Behind: The Tenth Circuit Allows Non-Settling Prps To Intervene As Of Right In Cercla Consent Decree Actions. United States V. Albert Investment Co., Katie Jo Wheeler Nov 2010

No Prp Left Behind: The Tenth Circuit Allows Non-Settling Prps To Intervene As Of Right In Cercla Consent Decree Actions. United States V. Albert Investment Co., Katie Jo Wheeler

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law Updates Nov 2010

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law, Caleb A. Jaffe, Sean M. Carney Nov 2010

Environmental Law, Caleb A. Jaffe, Sean M. Carney

University of Richmond Law Review

No abstract provided.


The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller Nov 2010

The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller

Michigan Law Review

Climate change is probably today's greatest global environmental threat, posing dire ecological, economic, and humanitarian consequences. In the absence of a comprehensive regulatory scheme to address the problem, some aggrieved Americans have sought relief from climate-related injuries by suing significant emitters of greenhouse gases under a public nuisance theory. Federal district courts have dismissed four such claims, with each court relying at least in part on the political question doctrine of nonjusticiability. However, one circuit court of appeals has reversed to date, finding that the common law cognizes such claims and that the judiciary is competent and compelled to adjudicate …


Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels Nov 2010

Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels

William & Mary Environmental Law and Policy Review

No abstract provided.


2010 Judges' Edition Memorandum, Hana C. Heineken Oct 2010

2010 Judges' Edition Memorandum, Hana C. Heineken

Pace Environmental Law Review

No abstract provided.


2010 Moot Court Problem, Jeffrey G. Miller, Alexandra Dapolito Dunn, Sean T. Dixon Oct 2010

2010 Moot Court Problem, Jeffrey G. Miller, Alexandra Dapolito Dunn, Sean T. Dixon

Pace Environmental Law Review

No abstract provided.


Out The Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, Seth Mansergh Oct 2010

Out The Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, Seth Mansergh

Golden Gate University Law Review

To illustrate how California can effectively regulate the emissions from auxiliary engines on ocean-going vessels, Part I will provide an overview of California's regulatory authority in this area. It will then illustrate how CARB responded to the harms caused by the regulatory failures at the international and national level with the Marine Vessel Rules. Part II provides an overview of the Marine Vessel Rules and the procedural history that led to the Ninth Circuit's decision in Pacific Merchant. Part III examines the reasoning of Pacific Merchant in determining the Marine Vessel Rules were a preempted emission standard. Part IV discusses …