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Articles 1 - 9 of 9
Full-Text Articles in Law
The Privatization Of Antarctica, Leonid A. Krasnozhon, Pedro A. Benitez, Walter E. Block
The Privatization Of Antarctica, Leonid A. Krasnozhon, Pedro A. Benitez, Walter E. Block
Washington and Lee Journal of Energy, Climate, and the Environment
The seventh continent, Antarctica, is a no man’s land in terms of economic development. This is not due to its harsh weather conditions. Parts of Alaska, Canada and Russia are almost equally inhospitable. Rather, this Article argues that Antarctica’s economic isolation is the result of political paralysis and a lack of appreciation for private property rights. This Article makes the case for adding Antarctica to the family of nations, whether as one or several countries.
Implementation Of The Eu Directive On Environmental Impact Assessment In The Czech Republic: How Long Can The Wolf Be Tricked?, Veronika Tomoszkova
Implementation Of The Eu Directive On Environmental Impact Assessment In The Czech Republic: How Long Can The Wolf Be Tricked?, Veronika Tomoszkova
Washington and Lee Journal of Energy, Climate, and the Environment
After the Velvet Revolution in 1989, the former Czechoslovakia experienced the most enthusiastic wave of environmental law drafting in its history. The Czech Act on Environmental Impact Assessment (“EIA Act”) was among the first new environmental statutes adopted already in 1992 with the intention to harmonize Czechoslovakian law with European Union (“EU”) law and to prevent exploitation and pollution of the environment in Czechoslovakia, which in the early 1990s counted for one of the worst in the world. The hardship of transition process that hit Czechoslovakia in 1992 caused a shift from enthusiastic pro-active environmental movement towards more pragmatic approach …
An Increase In Beach Reconstruction Projects May Mean A Decrease In Property Rights: The Need For A Multi-Factor Balancing Test When Protecting Waterfront Property, Amy Forman
Washington and Lee Journal of Energy, Climate, and the Environment
In recent years, many states have struggled to come up with an adequate solution to the negative effects of climate change, specifically rising sea levels and severe storms. The most common and successful method of protection, erecting barriers on the waterfront, not only raises its own environmental concerns, but also forces the government to invade on a homeowner’s property rights for the sake of protecting the beach. Recent cases such as the Borough of Harvey Cedars v. Karan, illustrate that when courts abandon traditional property rights, it becomes easier to implement protective measures and save their waterfront properties. This protection …
Masthead And Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Rising Seas, Receding Ethics? Why Real Estate Professionals Should Seek The Moral High Ground, Keith W. Rizzardi
Rising Seas, Receding Ethics? Why Real Estate Professionals Should Seek The Moral High Ground, Keith W. Rizzardi
Washington and Lee Journal of Energy, Climate, and the Environment
Despite the scientific consensus, some political leaders in the United States deny the need for policy making in response to sea level rise. Even in coastal Florida and Virginia, where communities face acute risks of flooding and economic damage, the problem has been denied. Land use development and real estate professionals, when discussing the subject, have a responsibility to do better than our political leaders. In fact, the ethical codes of the professions – law, architecture, engineering, planning, real estate, and corporate compliance – all demand honesty. Material facts must be disclosed, and professionals cannot conceal truth, particularly if it …
Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon
Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon
Washington and Lee Journal of Energy, Climate, and the Environment
This Note is about the recent New Jersey Supreme Court case, Borough of Harvey Cedars v. Karan, and how other courts should adopt its holding of allowing all reasonably certain and calculable benefits to be considered in determining partial takings just compensation. Furthermore, it addresses the impact that the decision will have on environmental takings and its importance to the future of both property and environmental law.
The Shifting Use Of The So-Remote-As-To-Be-Negligible Standard For Qualified Conservation Contributions, Ashley H. Waterbury
The Shifting Use Of The So-Remote-As-To-Be-Negligible Standard For Qualified Conservation Contributions, Ashley H. Waterbury
Washington and Lee Journal of Energy, Climate, and the Environment
Qualified conservation contributions, also known as conservation easements, have become a subject of close scrutiny under the Internal Revenue Service within the past decade. One reason for such scrutiny is that conditions are being imposed on these contributions, testing the perpetuity requirement for conservation easement deductions. In order for a condition on the donation to survive, the condition must be “so remote as to be negligible.” The judicial interpretation of the so-remote-as-to-be-negligible standard has fluctuated since its addition to the Treasury Regulations in 1939. Most recently, the Tax Court in Graev v. Commissioner, explored the meaning of the so-remote-as-to-be-negligible standard …
Moving Military Energy “Behind The Fence:” Renewable Energy Generation On U.S. Defense Lands, Cameron E. Tommey
Moving Military Energy “Behind The Fence:” Renewable Energy Generation On U.S. Defense Lands, Cameron E. Tommey
Washington and Lee Journal of Energy, Climate, and the Environment
The United States Department of Defense stands as the world’s single largest consumer of energy—domestic consumption alone by the Department amounts to nearly one percent of the United States’ total energy consumption and nearly eighty percent of the energy consumed by the Federal Government. Although a cadre of statutes, Executive Orders, and agency priorities set high goals for the introduction of renewable energy into the Department’s portfolio, it has historically failed to meet both its target for reducing facility energy use and its target for renewables integration. This Note suggests moving the Department’s energy production “behind the fence,” fixing technology …
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.