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Articles 1 - 10 of 10
Full-Text Articles in Law
Complex And Murky Spatial Planning, Josh Eagle
Complex And Murky Spatial Planning, Josh Eagle
Faculty Publications
No abstract provided.
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Faculty Publications
No abstract provided.
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Faculty Publications
The United States Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under section III of the CAA. This Article takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has important implications …
Tradable Standards For Clean Air Act Carbon Policy, Nathan D. Richardson, Dallas Butraw, Arthur G. Fraas
Tradable Standards For Clean Air Act Carbon Policy, Nathan D. Richardson, Dallas Butraw, Arthur G. Fraas
Faculty Publications
EPA is in the process of regulating U.S. greenhouse gas (GHG) emissions using its powers under the Clean Air Act. The likely next phase of this regulatory program is performance standards under Section 111 of the act for coal plants and petroleum refineries, which the agency has committed to finalize by the end of 2012. Section 111 appears to allow use of flexible, market-based regulatory tools. In this paper, we discuss one such tool, tradable standards. Tradable standards appear to be a legally and politically viable choice for the agency, and evidence suggests they are substantially more cost-effective than traditional …
Private Policing Of Environmental Performance: Does It Further Public Goals?, Sarah L. Stafford
Private Policing Of Environmental Performance: Does It Further Public Goals?, Sarah L. Stafford
Faculty Publications
Over the past two decades the role of private parties in the policing of environmental regulation has grown dramatically. In some cases the Environmental Protection Agency (EPA) has led this effort. In other situations, private parties have provided the impetus for new policing activities that are conducted independently from the EPA. Private policing can be beneficial when the increased involvement of the private sector either decreases the costs of achieving a particular level of environmental performance or increases environmental performance in a cost-effective manner. Private parties, however, could also divert regulated entities away from regulatory objectives. This Article explores the …
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Faculty Publications
The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Faculty Publications
No abstract provided.
Human Security And Military Preparedness, Linda A. Malone
Human Security And Military Preparedness, Linda A. Malone
Faculty Publications
No abstract provided.
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Faculty Publications
Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This essay, written for the Environmental Law Symposium on 21st Century Water Law, presents an alternative view. Specifically, this essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case …
Interstate Competition And The Race To The Top, Jonathan H. Adler
Interstate Competition And The Race To The Top, Jonathan H. Adler
Faculty Publications
This essay, based on remarks at the 211 Federalist Society Student Symposium, discusses some of the benefits of federalism. Many of the benefits of federalism derive from interjurisdictional competition, as competition among jurisdictions is a powerful means to discover and promote welfare-enhancing policies. Decentralizing authority over various policy matters also leaves states free to account for regional variation and can facilitate policy discovery and entrepreneurship and reduce the risks of policy failures. While the arguments for decentralization are strong, there are persuasive justifications for federal intervention in some instances, such as the existence of interstate spillovers. Fears of a “race …