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Articles 1 - 30 of 229
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State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King
State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King
PEEL Alumni Scholarship
No abstract provided.
An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret
An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret
PEEL Alumni Scholarship
The U.S. Court of Appeals for the District of Columbia (D.C. Circuit) is poised to become a prime battleground in a fight over the scope of the Environmental Protection Agency 's (EPA) authority to regulate greenhouse gas emissions (GHGs) from the power sector under the Clean Air Act (CAA). The dispute stems from the EPA's recent efforts to replace the Obama-era Clean Power Plan (CPP) with the Affordable Clean Energy Rule (ACE Rule). This move was quickly challenged by a coalition of twenty-nine cities and states as well as several prominent American health associations. The two rules reflect very different …
Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen
Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen
PEEL Alumni Scholarship
Part II of the Federal Power Act (FPA) requires that all prices set for the sale of electricity affecting interstate commerce between electrical utilities be "just and reasonable." Pursuant to this requirement, the FPA authorizes the Federal Energy Regulatory Commission (FERC) to suspend such electricity sales prices upon finding that they unduly disadvantage or discriminate between locations or types of power plants. In assigning this limited jurisdiction to the federal government, and by explicitly reserving to the states the exclusive jurisdiction over the mix of power plants supplying electricity demand, the FPA mandates a cooperative federalism model of electricity sector …
How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri
How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri
PEEL Alumni Scholarship
The drought in the Levant Region of the Arab Republic of Syria has caused massive destruction by disrupting agriculture and forcing migration to cities. The drought, induced by climate change, has destroyed livelihoods, structures, and health of scores of people. Environmental tensions fed a political discontent that had long been simmering in rural areas, and was a trigger for the Syrian Revolution. Syrians even turned to USAID for help in 2008 when the Syrian minister of agriculture stated publicly, "the economic and social fallout from the drought was 'beyond [Syria's] capacity as a country to deal with." However, the impacts …
Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz
Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz
PEEL Alumni Scholarship
This Article argues that citizens have a right to intervene in criminal actions brought by the govern- ment under the Clean Water Act; however, doing so would be so disruptive to the penal system that a court could not allow intervention in this context.
Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley
Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley
PEEL Alumni Scholarship
Over the last century, industrialization and the air pollution that has come with it have put the planet and its future stability at risk. Artificial intelligence technology (AI), part of a larger "Fourth Industrial Revolution," has the potential to mitigate these effects through widespread implementation by the Environmental Protection Agency (EPA). The EPA is the governmental agency responsible for regulating air pollutants pursuant to the Clean Air Act (CAA). Congress delegated the authority to the EPA to regulate greenhouse gases (GHGs), such as carbon dioxide, that trap solar energy in the atmosphere. Under the CAA and the Supreme Court's decision …
Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska
Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska
PEEL Alumni Scholarship
President Barack Obama signed the Microbead-Free Waters Act of 2015 (MFWA) which banned plastic microbeads in 2015. The MFWA specifically banned plastic microbeads found in cosmetic consumer exfoliants that get rinsed and released into waste-water treatment centers, which then flow into lakes, rivers, and oceans. However, the MFWA does not regulate microbeads found in consumer products that are not rinsed off, such as deodorants, lotions, or other non-cleansing products. The Act also does not ban non-cosmetic microbeads, ranging from those found in cleaning products and medical applications to oil and gas exploration. Critics of the MFWA argue that the ban …
Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom
Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom
PEEL Alumni Scholarship
Under federal law, a tenant who subleases a property to a sublessee who contaminates the site may be liable for cleanup costs depending on which federal court hears the case. The Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA) circular definition of a property "owner" has resulted in a circuit split on this issue. ln the Second Circuit, courts rely on a five-factor test to determine owner liability. In sharp contrast, the Ninth Circuit incorporates state-specific law to assign owner liability.
The Federal Government's Sovereign Immunity Under Cercla And Its Effects On The Hazardous Waste Cleanup Of The District Of Columbia's Washington Navy Yard, Nicole J. Waxman
The Federal Government's Sovereign Immunity Under Cercla And Its Effects On The Hazardous Waste Cleanup Of The District Of Columbia's Washington Navy Yard, Nicole J. Waxman
PEEL Alumni Scholarship
The United States Supreme Court's weakening of the waiver of federal sovereign immunity under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "the Act") is preventing federally contaminated sites such as the Washington Navy Yard from being fully remediated. In 1998, the United States Environmental Protection Agency (EPA) designated the Navy Yard- a property with a lengthy history of hazardous waste contamination- as a priority for cleanup pursuant to CERCLA. However, the hazardous waste currently contaminating the Navy Yard has not been remediated due to a lack of intra-governmental enforcement. This inaction leaves the people who live and …
A New Nuclear Threat: The Tenth Circuit's Shocking Misinterpretation Of Preemption Demanding An Amendment To The Price-Anderson Act, Stephanie Fishman
A New Nuclear Threat: The Tenth Circuit's Shocking Misinterpretation Of Preemption Demanding An Amendment To The Price-Anderson Act, Stephanie Fishman
PEEL Alumni Scholarship
Nuclear power will be the key to America's energy future. While we still live in the wake of Soviet-era nuclear stereotypes, the horror of Chernobyl, and face dilemmas on where to store the waste, nuclear energy is the safest, cleanest, and most reliable source. A nuclear energy facility can produce energy at a ninety-one percent efficiency rate, 24/7, with zero carbon emissions. Additionally, nuclear plants run on uranium, an element so energy-rich that a single fuel pellet the size of a fingertip contains as much energy as 17,000 cubic feet of natural gas, 149 gallons of oil, or one ton …
Recycling As A Nation, Kate Juon
Recycling As A Nation, Kate Juon
PEEL Alumni Scholarship
Could the United States be falling behind in its overall goal to reduce the amount of waste generated because waste management has been and continues to be a state or even city-mandated responsibility? In the United States, the Resource Conservation and Recovery Act (RCRA) remains the only federal legislation requiring the Environmental Protection Agency (EPA) to create guidelines for solid waste disposal and regulations. Yet, RCRA only mentions recycling via a call to increase the federal purchase of products made with recycling content. Without any mention of an enforcement mandate, the responsibility of creating policy and implementation of these policies …
Policy Analysis Of The Water Crisis In Cape Town, South Africa, Alycia Kokos
Policy Analysis Of The Water Crisis In Cape Town, South Africa, Alycia Kokos
PEEL Alumni Scholarship
Following a three-year drought, the city of Cape Town, South Africa faces an unprecedented municipal crisis. Residents are being asked to curb their daily municipal water use to thirteen gallons from their already restricted daily allowance of twenty-three gallons in order to avoid the impending "Day Zero" in which residential and commercial taps will be turned off for nearly four million residents. Though water consumption has decreased since January 2018, most residents have not complied with the restriction. This creates a point of tension in the diverse city that contains both luxury homes and shanty towns.
Infrastructure And Development In An Era Of Extreme Weather Events: We Need The National Environmental Policy Act!, Elena Franco
Infrastructure And Development In An Era Of Extreme Weather Events: We Need The National Environmental Policy Act!, Elena Franco
PEEL Alumni Scholarship
Extreme weather events and climate-induced natural disasters are becoming more frequent and costly; the U.S. National Oceanic and Atmospheric Administration (NOAA) estimated that, in 2017 alone, damages and economic loss from extreme weather events reached $306 billion and left behind destroyed infrastructure and toxic flood waters. As of 2017, the United States' infrastructure is rated a D+ by the American Society of Civil Engineers.
Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret
Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret
PEEL Alumni Scholarship
Carbon capture technologies play a critical role in the global effort to mitigate carbon dioxide (C02) emissions. Even with significant advancements in energy efficiency and an increase in renewable energy generation, the international community will not be able to meet critical climate goals without a strong carbon capture portfolio. Moreover, it is one of the few technologies capable of reducing emissions from the fossil fuel industry which is expected to remain a significant player in the energy sector well into the middle of the century. Despite this, there have been few federal incentives for carbon capture, and those that exist …
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
PEEL Alumni Scholarship
This feature examines the continued rise of anthropogenic noise and its harmful effects on whale species. It also advocates for the use of the Endangered Species Act (ESA) in litigation as an instrument to quiet anthropogenic noise. The North Atlantic right whale is used as a case study because of its status as a critically endangered species and its close proximity to noise pollution along the Atlantic coast and in the Gulf of Mexico.
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
PEEL Alumni Scholarship
The Federal Endangered Species Act (ESA or “Act”) is our nation’s most successful conservation law. Its purpose is to prevent the extinction of our most at-risk plants and animals, increase their numbers, and effect their full recovery—and eventually their removal from the endangered list. Since its enactment in 1973, the Act has been more than 99% effective at saving species under its protection from extinction, and it has put hundreds more on the road to recovery. Scientists estimate that at least 227 species would have likely gone extinct without the ESA’s passage.
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
PEEL Alumni Scholarship
Fifteen billion dollars of the food industry comes from plants pollinated by honeybees—that’s about one-third of the food industry. Though unwelcome visitors at picnics, bees are vital to the ecosystem. Honeybees act as predictors to the health of the planet. More bees mean more pollination, greater crop yields, and a healthier ecosystem; whereas, a decline in bee populations is a sign of a sick earth. There has been a 90% decline in bee populations in the last twenty years. Ninety percent of the plants on our planet require pollinators to transfer pollen and help them reproduce.
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook
PEEL Alumni Scholarship
No abstract provided.
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
PEEL Alumni Scholarship
When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds’ tax-exempt …
Regional Disputes: It Is Not Just Ground Beef, Nicholas Laneville
Regional Disputes: It Is Not Just Ground Beef, Nicholas Laneville
PEEL Alumni Scholarship
Members of the World Trade Organization are violating Article 6 of the Agreement on the Application of Sanitary and Phytosanitary Measures by failing to adapt their sanitary and phytosanitary measures to regional conditions. Instead, they continue to impose broad, trade-restrictive measures that are based on national borders instead of on a regional basis. This Comment seeks to clarify the obligations under Article 6 and to illuminate current violations. It applies the legal analysis from the July 2015 WTO decision, United States – Measures Affecting the Importation of Animals, Meat and other Animal Products from Argentina, to current measures. Through that …
Recommendations For Directing The Environmental Impacts Of African Development Projects Funded By Chinese Banks, Tais Ludwig
Recommendations For Directing The Environmental Impacts Of African Development Projects Funded By Chinese Banks, Tais Ludwig
PEEL Alumni Scholarship
La pasada decada ha significado un incremento de las inversiones chinas en infraestructura y proyectos de desarrollo en el extranjero, particularmente en Africa. A pesar de que China no es el mas grande inversor en las economias africanas, es el mas grande inversor en esta region de entre los paises BRIC con un total de inversiones valuadas en US$27.7 billones de dolares en 2012. Las inversiones chinas dirigidas al extranjero en Africa tambien se incrementaron de $317 millones en 2004 a $2.52 billones en 2012, es decir en aproximadamente 8 veces. El Primer Ministro chino Li anuncio en un discurso …
Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid
Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid
PEEL Alumni Scholarship
While the international community is stimulated by the new Sustainable Development Goals' impetus, the global trade regime lives through its 40's mid-life crisis and anticipates what it does not know what to anticipate. Views of the multilateral trading system being stalled by a proliferation of other preferential trade agreements signal a deep inquiry into this policy trend. This Article intends to highlight how these global trade challenges could be mere air turbulence if lessons are drawn from the new Sustainable Development Goals. By introducing the very needs of states and their constituents through these Goals, an inclusive and more representative …
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
PEEL Alumni Scholarship
President-elect Trump emphasized pulling the United States of America (“U.S.”) out of the United Nations Framework Convention on Climate Change Paris Climate Agreement[hereinafter Paris Agreement], despite the executive agreement ratification by President Obama earlier this year. In fact, Trump called for a cease of all U.S. tax dollars payments to U.N. global climate change programs and a withdrawal from the Paris Agreement in his first 100 days in office. Contrary to Trump’s intentions, Article 28 of the Paris Agreement stipulates that a party which has ratified, as the U.S. did on September 3rd, 2016, may not withdraw from the Paris …
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
PEEL Alumni Scholarship
President-elect Trump emphasized pulling the United States of America (“U.S.”) out of the United Nations Framework Convention on Climate Change Paris Climate Agreement [hereinafter Paris Agreement], despite the executive agreement ratification by President Obama earlier this year. In fact, Trump called for a cease of all U.S. tax dollars payments to U.N. global climate change programs and a withdrawal from the Paris Agreement in his first 100 days in office. Contrary to Trump’s intentions, Article 28 of the Paris Agreement stipulates that a party which has ratified, as the U.S. did on September 3rd, 2016, may not withdraw from the …
The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Tais Ludwig
PEEL Alumni Scholarship
For the reasons discussed below, this Article argues that the only way to ensure a full and successful implementation of the SDGs is to invoke reliable governance practices. This mean is that all States must fully embrace the concept of access to information and public participation in governance laid out in Rio Principle 10. Access to information and civic engagement is crucial to successful governance and policy implementation - especially in the environmental and development context.
The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan
The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan
PEEL Alumni Scholarship
Oceans have far-reaching effects on human well-being, as well as the environment and the economy. Sustainable use of oceans can contribute to reducing global warming, increasing global employment, and providing sustenance to over three billion people worldwide. However, global oceans remain undervalued, mismanaged, and inadequately governed.
Benefitting From Sustainable Development, Victoria Frappaolo
Benefitting From Sustainable Development, Victoria Frappaolo
PEEL Alumni Scholarship
As the world continues to strive to achieve sustainable development, U.S. states must continue to adopt laws that govern benefit corporations. A benefit corporation “is a new corporate entity that requires directors to take social and environmental considerations into account when making corporate decisions.” It has been suggested that the benefit corporation structure will appeal to larger corporations who will see it as a way to protect the organization’s social mission. There are also many smaller for-profit organizations that have adopted this structure. Regardless of the size, this corporate entity has found favor among institutional investors who have a growing …
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
PEEL Alumni Scholarship
According to the Environmental Protection Agency (“EPA”), “The nation’s drinking water utilities need $384.2 billion in infrastructure investments over the next 20 years . . . to ensure the public health, security, and economic well-being” of towns and cities across the United States. It is also estimated that capital investment needs for the nation’s wastewater and stormwater systems will total $298 billion, according to American Society of Civil Engineer’s 2013 Report Card for America’s Infrastructure. This Article addresses the importance of State Revolving Funds (“SRFs”) in funding the construction and maintenance of climate resilient systems— projects that are vital to …
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
PEEL Alumni Scholarship
The industrialization of agricultural practices in the United States has led to significant negative environmental impacts affecting individuals’ use of natural resources such as groundwater. A main contributor to this environmental degradation includes Animal Feeding Operations (“AFOs”) that cluster animals, feed, manure and wastewater, dead animals, and production operations onto a small parcel of land for dairy, cattle, and poultry production operations. This common farming practice can also take place on a larger scale; a Concentrated Animal Feeding Operating (“CAFO”) is an AFO with more than 1000 animals units confined on a facility for more than 45 days during a …
Les Catastrophes Enironnementales Et Leurs Conséquences Sur La Santé Publique" Une Année Passée En Revue, Susan Johnson, Blythe Brauer, Samantha Bird, Andrea Abergel, Jon Davey, Mary Strayhorne
Les Catastrophes Enironnementales Et Leurs Conséquences Sur La Santé Publique" Une Année Passée En Revue, Susan Johnson, Blythe Brauer, Samantha Bird, Andrea Abergel, Jon Davey, Mary Strayhorne
PEEL Alumni Scholarship
Cette annee, plusieurs catastrophes environnementales ont eu des consequences tres graves sur la sante publique. Cet article analyse les causes, les effets et les implications juridiques et politiques de quatre différents désastres industriels recenses cette année. En premier lieu, I'article traite d'une explosion industrielle qui s'est produite dans l'Etat du Texas en avril 2013. Cette explosion est le résultat de I'entassement négligeant de matériaux chimiques dans une zone rurale du Texas. Dans un second temps, est aborde l'effondrement d'une usine de textile située au Bangladesh, symptôme d'une mondialisation sauvage hors de contrôle des gouvernements. Enfin, I'article aborde trois différents événements …