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Articles 1 - 16 of 16

Full-Text Articles in Law

Clean Air V. Electric Reliability: The Case Of The Potomac River Generating Station, James W. Moeller Sep 2013

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 Additionally, citizens of Alexandria, Virginia found this to be a victory over the “outdated” polluting coal burning power plant.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 …


Is It Time To Revoke The Tax-Exempt Status Of Rural Electric Cooperatives?, W. G. Beecher Sep 2013

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 Sep 2013

“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’ …


Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness May 2013

Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness

Pepperdine Law Review

No abstract provided.


Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento May 2013

Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento

Pepperdine Law Review

No abstract provided.


The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester May 2013

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.


Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson May 2013

Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson

Pepperdine Law Review

No abstract provided.


Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson May 2013

Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson

Pepperdine Law Review

No abstract provided.


Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod Apr 2013

Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards Apr 2013

Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell Apr 2013

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon Mar 2013

Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Harmonizing Distributed Energy And The Endangered Species Act, J. B. Ruhl Jan 2013

Harmonizing Distributed Energy And The Endangered Species Act, J. B. Ruhl

San Diego Journal of Climate & Energy Law

This Article explores ways of harmonizing distributed energy and the ESA, a goal consistent with the national policy for renewable energy conservation. Several legal practitioners and scholars have identified the ESA as a potentially significant constraint on the siting and operation of wind power facilities. The ESA has also been identified as a potential barrier to renewable energy in general, as solar power, biomass, and ocean tide and wave facilities could have their own sets of impacts triggering ESA regulation. But most of this attention has been devoted to utility-scale renewable energy, with distributed energy largely ignored or perhaps assumed …


Who Regulates The Smart Grid? : Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets, Joel B. Eisen Jan 2013

Who Regulates The Smart Grid? : Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets, Joel B. Eisen

San Diego Journal of Climate & Energy Law

This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC’s broad authority to regulate the wholesale power markets.


Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski Jan 2013

Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski

Canada-United States Law Journal

No abstract provided.


Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon Jan 2013

Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon

NYLS Law Review

No abstract provided.