Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Table Of Contents Sep 2020

Table Of Contents

Washington Journal of Environmental Law & Policy

No abstract provided.


Climate Change Action And Adaptation In Tokyo, Yuichiro Tsuji Prof. Sep 2020

Climate Change Action And Adaptation In Tokyo, Yuichiro Tsuji Prof.

Washington Journal of Environmental Law & Policy

This paper reviews an adaptation plan for the Tokyo Metropolitan Area. The Japanese Government decided to remain in the Paris Agreement and began trying to reduce CO2 with technology after the Great East Japan Earthquake of 2011. Nuclear power plants were closed, and some are still under safety review. Newly built thermal power plants will increase CO2 emissions, and the battle among the ministries hinders effective adaptation planning.

In 2012, the central government announced three basic approaches: risk management, comprehensive and general planning, and cooperating with local governments. However, the central government’s tactics still fall behind other countries’, and local …


Energy Transitions And The Future Of Nuclear Energy: A Case For Small Modular Reactors, Carl Stenberg Sep 2020

Energy Transitions And The Future Of Nuclear Energy: A Case For Small Modular Reactors, Carl Stenberg

Washington Journal of Environmental Law & Policy

The world is undergoing a global energy transition that will transform societies from fossil-fuel dependency towards clean energy solutions to meet future energy demand. An assumption is that nuclear energy, as a low-emissions energy source, could play a vital role in a clean, low-carbon future. Most reactors operating in the United States today are large custom-made reactors (LRs). Because of unfair risk- perceptions and the forced internalization of negative externalities, LRs and nuclear energy industry have long-struggled to compete with other energy sources.

The deployment of Small Modular Reactors (SMRs) make up for many of the inherent problems that exist …


Reflection On Shale Gas Fracking Risk Assessment And Management In The United States, Yosra Abid Sep 2020

Reflection On Shale Gas Fracking Risk Assessment And Management In The United States, Yosra Abid

Washington Journal of Environmental Law & Policy

Hydraulic fracturing, or fracking, is the current technology of choice for developing most shale gas reserves. This technology allows increased production of natural gas from formerly inaccessible shale formations. One of the primary environmental impacts of concern for fracking is its potential to contaminate water.

This paper focuses on the potential risks affecting the drinking-water resources throughout the complete lifecycle of a drilled and fractured well. Given the significant environmental concerns, fracking risk assessment (what we know about the risk), and fracking risk management (what we wish to do about the risk) appear to be indispensable steps for the enactment …


A Big Fracking Deal: Pennsylvania's Departure From Traditional Rule Of Capture Interpretation Paves Way For Fracking Trespass Claims, Andrew Belack Jun 2020

A Big Fracking Deal: Pennsylvania's Departure From Traditional Rule Of Capture Interpretation Paves Way For Fracking Trespass Claims, Andrew Belack

Washington Journal of Environmental Law & Policy

This Comment explores the Pennsylvania Superior Court's rejection of the traditional rule of capture as it applies to oil extraction from adjacent land parcels using the hydraulic-fracturing method. At the time of writing, the Pennsylvania Superior Court's departure from the rule of capture has opened the door for trespass claims filed by an adjacent land owner, when oil under her property is extracted by a neighboring frack well. This Comment also examines the various health and environmental concerns that are consequent of the hydraulic-fracturing method of oil extraction.


Of Hatcheries And Habitat: Old And New Conservation Assumptions In The Pacific Salmon Treaty, Paul Stanton Kibel Jun 2020

Of Hatcheries And Habitat: Old And New Conservation Assumptions In The Pacific Salmon Treaty, Paul Stanton Kibel

Washington Journal of Environmental Law & Policy

The 1985 Pacific Salmon Treaty between Canada and the United States was negotiated to deal with evidence that Pacific salmon stocks originating in Canada and the United States were in decline. The Pacific Salmon Treaty sought to establish total annual fishing limits for Canada and the United States that were consistent with the sustainable conservation of Pacific salmon stocks, and to base the total allowable catch for Canadian fishermen on forecasts of the total abundance of salmon. As the Pacific Salmon Treaty has been implemented, however, there has been a re-occurring pattern of annual abundance forecasts overestimating the actual abundance …


Table Of Contents Jun 2020

Table Of Contents

Washington Journal of Environmental Law & Policy

No abstract provided.


Nepa, Sepa, And The Evergreen-House Gas State: How Washington's State Environmental Policy Act And The Absence Of Greenhouse Gas Calculation Guidance Negatively Impacts Future Project Proposals, Macee Utecht Jun 2020

Nepa, Sepa, And The Evergreen-House Gas State: How Washington's State Environmental Policy Act And The Absence Of Greenhouse Gas Calculation Guidance Negatively Impacts Future Project Proposals, Macee Utecht

Washington Journal of Environmental Law & Policy

The National Environmental Policy Act (NEPA) requires all federal agencies to consider the environmental effects of a proposed action that may significantly affect the environment. In addition to outlining the important pieces of NEPA, this article explores the State Environmental Policy Act (SEPA), Washington’s state-equivalent to NEPA. Established in 1971 and modeled after NEPA, SEPA requires that an Environmental Impact Statement (EIS) be prepared for any governmental project proposal that significantly affects the environment. Currently under both state and federal law, there is no rule or guidance that instructs project applicants on how to calculate greenhouse gas emissions in a …


Hatching A Plan For Local Communities: Environmental Justice In Poultry Siting Decisions, Diana Stanley Jun 2020

Hatching A Plan For Local Communities: Environmental Justice In Poultry Siting Decisions, Diana Stanley

Washington Journal of Environmental Law & Policy

One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and environmental impacts and have been underdiscussed in the environmental justice literature. This article focuses on the role of law and policy in concentrated animal feeding operation (CAFO) siting— from community benefit agreements to Right to Farm legislation. It uses a Kansas CAFO siting and the wider Kansas experience as a case …