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Articles 1 - 30 of 45
Full-Text Articles in Law
Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan
Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan
Michael Vandenbergh
The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government regulation will generate substantial reductions from the sector is a barrier to change, particularly in a political environment hostile to regulation. This Article demonstrates that prompt and large reductions can be achieved without relying predominantly on regulatory measures. The Article identifies seven "low-hanging fruit:" actions that have the potential to achieve large reductions at less than half the cost of the leading current federal legislation, require …
Non-Enforcement Takings, Timothy M. Mulvaney
Non-Enforcement Takings, Timothy M. Mulvaney
Timothy M. Mulvaney
The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly …
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Felix Mormann
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Felix Mormann
Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding.
Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals that …
Clean Energy Federalism, Felix Mormann
Clean Energy Federalism, Felix Mormann
Felix Mormann
Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.
Renewable portfolio standards and feed-in …
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Hari Osofsky
No abstract provided.
The Idea Of Pollution, John C. Nagle
The Idea Of Pollution, John C. Nagle
John Copeland Nagle
Pollution is the primary target of environmental law. During the past forty years, hundreds of federal and state statutes, administrative regulations, and international treaties have established multiple approaches to addressing pollution of the air, water, and land. Yet the law still struggles to identify precisely what constitutes pollution, how much of it is tolerable, and what we should do about it. But environmental pollution is hardly the only type of pollution. Historically, the idea of pollution referred to a host of effects upon human environments. This remains evident in contemporary anthropological literature, which studies the pollution beliefs of cultures throughout …
Adaptive Management And The Future Of Environmental Law, Eric Biber
Adaptive Management And The Future Of Environmental Law, Eric Biber
Eric Biber
Adaptive management is the new paradigm in environmental law. It is omnipresent in scholarship and management documents and is even starting to appear in court opinions. There have been many calls for environmental law to adapt itself to adaptive management by becoming more flexible and dynamic. But does adaptive management really warrant a revolution in environmental law? Or is it adaptive management that might need to adapt to the world of environmental law? There has been an abundance of scholarship on the strengths of adaptive management, making the case for changing environmental law to embrace adaptive management. But answering the …
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Patricia E. Salkin
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy
Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy
Alyson Flournoy
This panel discussion applied ethics to the theme of the 8th Annual Public Interest Environmental Conference. Panelists examined ways ethics may help reconcile industry (such as business and development) with environmentalism.
Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara
Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara
Martha Matsuoka
As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Michael A Wolf
While the costs of some Sea-Level Rise (SLR) adaptation tools are undeniably daunting, the American legal system poses an additional, potentially budget-busting impediment — the Takings Clause of the Fifth Amendment to the United States Constitution. Officials at all governmental strata and from all three branches should keep the demands made by the Takings Clause, as interpreted by the judiciary, in mind as they choose tools from the diverse SLR-adaptation toolbox, as they justify their choices to the electorate and other constituencies, as they put those tools to use, and as they defend that use from litigants claiming abuse. This …
Controlling Power Plants: The Co-Pollutant Implications Of Epa's Clean Air Act § 111(D) Options For Greenhouse Gases, Alice Kaswan
Controlling Power Plants: The Co-Pollutant Implications Of Epa's Clean Air Act § 111(D) Options For Greenhouse Gases, Alice Kaswan
Alice Kaswan
Existing power plants are the nation’s largest single source of carbon emissions. In the absence of comprehensive federal climate change, EPA is forging ahead with power plant controls through § 111(d) of the Clean Air Act. This article focuses on one critical consideration: the ancillary impacts of carbon controls on associated co-pollutants, like sulfur oxides, particulates, nitrogen oxides, and mercury. The article focuses on an array of regulatory options, including both “inside-the-fence” reductions at power plants and “outside-the-fence” measures that reduce power sector emissions, like renewable energy and consumer energy efficiency. The article then evaluates the co-pollutant consequences of several …
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
A. Michael Froomkin
US law has remarkably little to say about mass surveillance in public, a failure which has allowed the surveillance to grow at an alarming rate – a rate that is only set to increase. This article proposes ‘Privacy Impact Notices’ (PINs) — modeled on Environmental Impact Statements — as an initial solution to this problem. Data collection in public (and in the home via public spaces) resembles an externality imposed on the person whose privacy is reduced involuntarily; it can also be seen as a market failure caused by an information asymmetry. Current doctrinal legal tools available to respond to …
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Mary Ellen O'Connell
Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …
Green Harms Of Green Projects, John C. Nagle
Green Harms Of Green Projects, John C. Nagle
John Copeland Nagle
This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
John Copeland Nagle
No abstract provided.
Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor
Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor
Rena I. Steinzor
No abstract provided.
Dangers Of Trying To Set Earth's Thermostat, Andrew Strauss, William Burns
Dangers Of Trying To Set Earth's Thermostat, Andrew Strauss, William Burns
Andrew L. Strauss
No abstract provided.
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Patricia E. Salkin
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto
David N Cassuto
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia Salkin, Ashira Ostrow
Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia Salkin, Ashira Ostrow
Patricia E. Salkin
This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …
The Role Of Multilateral Environmental Agreements In Armed Conflict: “Green Keeping” In Virunga Park - Applying The Unesco World Heritage Convention In The Armed Conflict Of The Democratic Republic Of The Congo, Britta Sjöstedt
Britta Sjöstedt
No abstract provided.
Workshop On Protection Of The Environment In Relation To Armed Conflict, Rosemary Rayfuse, Britta Sjöstedt
Workshop On Protection Of The Environment In Relation To Armed Conflict, Rosemary Rayfuse, Britta Sjöstedt
Britta Sjöstedt
No abstract provided.
China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez
China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez
Carmen G. Gonzalez
The emergence of China as a significant economic force in Latin America has sparked both optimism and alarm. With titles such as 'The Coming China Wars' and 'The Dragon in the Backyard,' recent books and articles depict China as a rising imperial power scouring the globe for natural resources and as a competitive threat to Latin America. Other studies applaud China’s pragmatic, unorthodox development strategies and portray China as a successful model for developing countries. The competing narratives about China’s rise do agree on one thing: China has become a formidable force in the developing world whose influence merits careful …
Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, Wendy Wagner, Rena Steinzor
Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, Wendy Wagner, Rena Steinzor
Rena I. Steinzor
Rescuing Science from Politics debuts chapters by the nation's leading academics in law, science, and philosophy who explore ways that the law can be abused by special interests to intrude on the way scientists conduct research. The high stakes and adversarial features of regulation create the worst possible climate for the honest production and use of science especially by those who will ultimately bear the cost of the resulting regulatory standards. Yet an in-depth exploration of the ways in which dominant interest groups distort the available science to support their positions has received little attention in the academic or popular …
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
Robert Percival
This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …