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Articles 31 - 60 of 141
Full-Text Articles in Law
Fracking Preemption Litigation, James K. Pickle
Fracking Preemption Litigation, James K. Pickle
Washington and Lee Journal of Energy, Climate, and the Environment
Fracking is not a new technology, but it only recently came to the forefront of energy industry news. Fracking’s recent fame has been both positive and negative. Fracking proponents have lauded the economic and environmental benefits of the process. They cite the process’ ability to extract formerly inaccessible oil and natural gas, which reduces the U.S.’s demand for foreign oil and natural gas and reduces the use of coal. In contrast, fracking opponents state fracking damages the environment by diluting drinking water with harmful chemicals, generating emissions, and creating general nuisances for communities. They believe fracking’s harmful impacts clearly outweigh …
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
Dynamic Forest Federalism, Blake Hudson
Dynamic Forest Federalism, Blake Hudson
Washington and Lee Law Review
State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …
Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk
Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk
Washington and Lee Journal of Energy, Climate, and the Environment
It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries following …
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Washington and Lee Journal of Energy, Climate, and the Environment
As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael
Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael
Washington and Lee Journal of Energy, Climate, and the Environment
This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.
The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.
The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.
Washington and Lee Journal of Energy, Climate, and the Environment
One of the oldest doctrines of environmental law, the public trust doctrine, is sufficiently ambiguous that it risks threatening widespread adoptions of alternative energy sources such as wind energy. Because of this, the public trust doctrine threatens the protection of the environment in the name of protection of the environment. Yet, the public trust doctrine and future energy policy should be complementary and not exclusionary of each other. In light of this, whether an agency has public trust authority should be determined based on six factors: the legal authority of state fiduciaries; due diligence by state fiduciaries in determining if …
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez
A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is an inevitable consequence of human greenhouse gas emissions. Without substantial changes in anthropogenic causes of climate change, there will be severe negative impacts on our planet. Complete abolition of greenhouse gas emissions, however, is not possible, nor will it necessarily stop the negative impacts of climate change. Therefore, substantial research must be done in geoengineering to understand better how we can positively act to avert significant climate change. Given the practical difficulties and potential effects, there must be comprehensive oversight. Currently, differing national laws makes this difficult. Additionally the United States laws do not properly cover climate …
Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara
Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara
Washington and Lee Journal of Energy, Climate, and the Environment
On November 27, 2012—without the fanfare of a Rose Garden ceremony—President Obama signed into law a bill that forbids United States airlines from participating in the European Union Emissions Trading Scheme (“EU ETS”). Environmental organizations bemoaned the President’s decision after having urged him to veto the bill. Supporters of the law hailed the passage as a win for American sovereignty, preventing an illegitimate and disingenuous environmental tax on U.S. carriers and passengers. This article addresses the aviation industry’s role in global climate change, and offers an in-depth analysis of the EU ETS and the European Commission’s decision to include international …
Clean Air V. Electric Reliability: The Case Of The Potomac River Generating Station, James W. Moeller
Clean Air V. Electric Reliability: The Case Of The Potomac River Generating Station, James W. Moeller
Washington and Lee Journal of Energy, Climate, and the Environment
Environmental activists considered the shutdown of the Potomac Station a victory for environmental sustainability and a victory for the cause of clean air. Additionally, citizens of Alexandria, Virginia found this to be a victory over the “outdated” polluting coal burning power plant. Looking at the history of the Potomac Station, however, shows that without significant increases in transmission capacity to the mid-Atlantic, the Potomac Station could never have been shut down. This article addresses the case of the Potomac Station and the role of the Department of Energy, the Environmental Protection Agency, the Virginia Department of Environmental Quality, and the …
“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Washington and Lee Journal of Energy, Climate, and the Environment
Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …
Is It Time To Revoke The Tax-Exempt Status Of Rural Electric Cooperatives?, W. G. Beecher
Is It Time To Revoke The Tax-Exempt Status Of Rural Electric Cooperatives?, W. G. Beecher
Washington and Lee Journal of Energy, Climate, and the Environment
Rural electric cooperatives (RECs) were created with government assistance in the mid-1930s as part of a campaign to bring electricity to rural areas in an effort to improve economic output and quality of living. By the early 1950s, the entirety of America had access to electricity, fulfilling the federal government’s mission. Today, these cooperatives strongly resemble their for-profit counterparts, but remain tax-exempt under § 501(c)(12) of the Internal Revenue Code. This note will argue that, in light of the changes that RECs have undergone and the environment in which they now operate, their tax-exempt status is no longer warranted and …
“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman
“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman
Washington and Lee Journal of Energy, Climate, and the Environment
The 1973 International Convention for the Prevention of Pollution from Ships and the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) seek to protect the world’s oceans from environmental harms. Traditional maritime law, principles of international law, and difficulties in detecting violations of MARPOL 73/78 have made it difficult for nations to enforce the strict requirements regarding oil pollution under Annex I. In light of these difficulties, the United States authorities have used other means under United States law to prosecute these violations. This note argues that while the United States’ …
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Masthead And Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Washington and Lee Journal of Energy, Climate, and the Environment
The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Washington and Lee Journal of Energy, Climate, and the Environment
Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Lessons Unlearned: The Legal And Policy Legacy Of The Bp Deepwater Horizon Spill, Mark Davis
Lessons Unlearned: The Legal And Policy Legacy Of The Bp Deepwater Horizon Spill, Mark Davis
Washington and Lee Journal of Energy, Climate, and the Environment
The explosion and blowout of the BP Deepwater Horizon well in the Gulf of Mexico dominated much of the news and public discussion during the late spring and summer of 2010. The size and scale of the blowout and its effects on people, communities, and the environment produced loud calls for deep changes in the nation’s energy and environmental laws and policies. While some things have changed, the wide ranging changes that many expected have not yet come to pass; indeed if anything the momentum has shifted to letting aggressive oil and gas development resume and to leave the fundamental …
The New Nuclear Power Generation Licensing Scheme In Its Defining Moment: A Regulatory Vessel Equipped To Support A Thriving Industry Or Drifting Towards Stormy Waters Capable Of Running The Nuclear Revival Aground?, Anna Knecht
Washington and Lee Journal of Energy, Climate, and the Environment
This Student Note assesses Congress and the Nuclear Regulatory Commission’s “new” nuclear licensing scheme by way of comparison with the old, two-step process under which the industry endured an era of dormancy lasting nearly forty years. With a focus on the novel ITAAC review process, this Note argues that while the Part 52 process is superior to its predecessor, certain significant issues (articulated herein) must be resolved before the new regulatory framework can support the economic, environmental, safety, and other advantages it aims to achieve.
The Regulation Of Mining And Mining Waste In The European Union, Yvonne Scannell
The Regulation Of Mining And Mining Waste In The European Union, Yvonne Scannell
Washington and Lee Journal of Energy, Climate, and the Environment
This article reviews EU law relating to the regulation of mining and mining waste, liability for environmental damage caused by mining, remedies for environmental damage caused by mining, mine closure obligations and the nature of financial guarantees required to ensure the proper performance of environmental obligations, as well as developments in EU law which have resulted in the elucidation of human rights available at a supranational level to those subjected to severe pollution from mining activities. It notes that much of the world’s mineral resources are located in developing countries which have less sophisticated environmental regulations and greater potential to …
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.