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Environmental Law

Washington and Lee Journal of Energy, Climate, and the Environment

Administrative law

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Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad Sep 2014

Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad

Washington and Lee Journal of Energy, Climate, and the Environment

In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …


Fracking Preemption Litigation, James K. Pickle Sep 2014

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 …


Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory Scott Crespi Jun 2011

Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory Scott Crespi

Washington and Lee Journal of Energy, Climate, and the Environment

Cost-benefit analysis is a widely used approach for guiding public sector policy decisions. Given the impetus provided by strong evidence of global warming, numerous scholars are now considering the role that cost-benefit analysis should play, if any, in assessing climate regulation policies, and are offering recommendations as to how this methodology can be better utilized in that context. However, that scholarship invariably overlooks the fact that conventional cost-benefit analyses implicitly embrace the untenable assumption that the genetic identities of future persons are exogenous with regard to the policies being evaluated. The conclusions of such cost-benefit analyses are therefore irrelevant to …