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Articles 1 - 7 of 7
Full-Text Articles in Law
Can He Do That?: A Constitutional Analysis Of President Trump’S Withdrawal From The Paris Agreement, David Hubinger
Can He Do That?: A Constitutional Analysis Of President Trump’S Withdrawal From The Paris Agreement, David Hubinger
San Diego International Law Journal
This Article is structured to give context as to the history of United Nations-sponsored, climate change centered, international agreements from the early 1990s to the present. The Article also shows how the goals and responsibilities placed on the United States as a part of the Paris Agreement may still be realized even without full party membership. Additionally, the Article discusses the structural framework of the Paris Agreement and the significance of its legal classification when deciding how President Trump can leave the agreement in accordance with international law. The Article will also discuss how President Trump’s actions regarding the Paris …
Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
San Diego Journal of Climate & Energy Law
This Article is organized as follows: Part I reviews the case law and commentary on judicial review of agency shifts in policy or practice, focusing on the technocratic case for deference and how recent political realities call such deference into question. Part II sets forth the background and history regarding fuel economy standards, leading to the Obama Administration’s adoption of standards in 2012 and the “midterm” review of those standards that Obama’s EPA declared final as of January 2017. Part II also reviews the legal issues surrounding Trump’s EPA’s “re-opening” of the midterm review. We suggest how courts could, and …
Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins
San Diego Journal of Climate & Energy Law
After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the …
A Broader Vision For Climate Policy: Lessons From California, Alice Kaswan
A Broader Vision For Climate Policy: Lessons From California, Alice Kaswan
San Diego Journal of Climate & Energy Law
As the federal role in addressing climate change shrinks, state and local action is once again taking center stage. States are facing innumerable challenging policy questions about the best mechanisms for addressing climate and energy, and many are looking to California for inspiration. This article focuses on a particular and unique feature of California’s approach: the integration of social and environmental justice concerns into the state’s climate and energy policies. As decisionmakers grapple with the fundamental and existential shifts associated with a clean energy transition, California’s efforts to incorporate environmental justice—and the state’s broader social, economic, and environmental vision–provide important …
The Trump Effect On Power Plant Carbon Dioxide Emissions, Thomas O. Mcgarity
The Trump Effect On Power Plant Carbon Dioxide Emissions, Thomas O. Mcgarity
San Diego Journal of Climate & Energy Law
This Article will probe the legal, technological and economic underpinnings the Trump Administration initiatives and the viewpoint that their initiatives will have little impact on CO2 emissions from power plants. Part II will highlight the Trump Administration’s views on the extent to which human activities are the leading contributing factor. Part III will describe the radical change in direction that that the Trump Administration is taking with respect to regulations designed to reduce GHG emissions from power plants. Part IV will offer predictions about the likely effect of the Trump Administration’s rollbacks on the electric power and coal industries, on …
Net Neutrality Powers Energy And Forestalls Climate Change, Catherine J.K. Sandoval
Net Neutrality Powers Energy And Forestalls Climate Change, Catherine J.K. Sandoval
San Diego Journal of Climate & Energy Law
Drawing on my experience as a Commissioner of the California Public Utilities Commission (CPUC) from January 2011 to January 2017, this Article explores the interdependence of the electricity sector and the open and neutral internet. Section II of this Article discusses the evolution of critical infrastructure laws and policies. Section III examines California’s energy loading order adopted in 2003 to increase energy reliability and protect the environment. Section IV analyzes the evolution of federal and state Smart Grid policies to infuse communications and information technologies including the internet into the energy ecosystem. Section V discusses FERC’s authorization of demand response−the …
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
San Diego International Law Journal
This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …