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Articles 1 - 30 of 407
Full-Text Articles in Entire DC Network
Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Hampton And Nasa's Refuse Fired Steam Plant, Albert Barker
William & Mary Environmental Law and Policy Review
No abstract provided.
Uncommon Law: Ruminations On Public Nuisance , Richard O. Faulk
Uncommon Law: Ruminations On Public Nuisance , Richard O. Faulk
Journal of Environmental and Sustainability Law
No abstract provided.
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
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
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
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
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
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
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law, Caleb A. Jaffe, Sean M. Carney
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
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
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
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
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
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 …