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Articles 1 - 30 of 30
Full-Text Articles in Law
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA),the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act and …
The Role Of Science And Engineering In Water Regulation Over The Past 100 Years, James R. May, Patrick Clary
The Role Of Science And Engineering In Water Regulation Over The Past 100 Years, James R. May, Patrick Clary
James R. May
This article explores how scientific and engineering principles are inexorably linked to the regulation of water. Scientists and engineers first discovered the link between disease and water sources in the mid-19th century. Over the years, scientists and engineers have led the way to identifying water quality problems and their causes. These discoveries have directly contributed to the scope of water regulation in the United States and elsewhere. In addition, changes in water quality regulation have dictated the need for increasingly sophisticated water treatment technologies and engineers have been at the forefront of the development of these water control technologies. This …
Overview Of Environmental Criminal Investigations, Beau James Brock
Overview Of Environmental Criminal Investigations, Beau James Brock
Beau James Brock
Power point presentation overview of Louisiana Department of Environmental Quality Criminal Investigation Division investigative guidelines and procedures.
Earth Jurisprudence A Pathfinder, Glen-Peter Ahlers Sr.
Earth Jurisprudence A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship
No abstract provided.
The Role Of Community Values In Wind Energy Development: Exploring The Benefits And Applications Of Community Wind For Reducing Local Opposition To Wind Energy Systems, Amanda Vaccaro
Georgetown Law Student Series
Worldwide, wind energy generation is growing rapidly as a cleaner and less invasive alternative to traditional fossil-fuel energy sources. Yet, in the United States, the advancement of wind energy has been stunted by three factors: (1) the uncertainty of the federal Production Tax Credit; (2) the lack of transmission lines connecting wind projects to electricity grids; and (3) enduring local cultural and aesthetic objections to wind turbines. Frustrated with the imbalanced allocation of costs and benefits imposed by most wind energy projects, some individuals and municipalities have deployed zoning laws, nuisance claims, or environmentalist arguments to discourage wind energy development …
Like A Nation State, Douglas Kysar, Bernadette A. Meyler
Like A Nation State, Douglas Kysar, Bernadette A. Meyler
Cornell Law Faculty Publications
Using California's self-consciously internationalist approach to climate change regulation as a primary example, this Article examines constitutional limitations on state foreign affairs activities. In particular, by focusing on the prospect of California's establishment of a greenhouse gas (GHG) emissions trading system and its eventual linkage with comparable systems in Europe and elsewhere, this Article demonstrates that certain constitutional objections to extrajurisdictional linkage of state GHG emissions trading systems and the response that these objections necessitate may be more complicated than previously anticipated. First, successfully combatting the Bush Administration's potential claim that state-level climate change activities interfere with a federal executive …
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.
Climate Change And The Political Question Doctrine, James R. May
Climate Change And The Political Question Doctrine, James R. May
James R. May
No abstract provided.
The Externalities Of Nuclear Power: First, Assume We Have A Can Opener . . ., Karl S. Coplan
The Externalities Of Nuclear Power: First, Assume We Have A Can Opener . . ., Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
The nuclear power industry has latched on to global warming as an argument for its renaissance. Although even industry proponents acknowledge that the problem of disposing of spent nuclear fuel remains unsolved, the industry routinely assumes this problem will be solved in the future. Unfortunately, this is the same assumption made by nuclear energy proponents at the beginning of the nuclear industry fifty years ago. We haven’t solved the nuclear waste problem in the past half century, and there is no reason to think we will be more likely to do so in the next one. Like the shipwrecked economist …
The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman
The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Waivers Of Immunity In Federal Environmental Statutes Of The Twenty-First Century: Correcting A Confusing Mess, Kenneth M. Murchison
Waivers Of Immunity In Federal Environmental Statutes Of The Twenty-First Century: Correcting A Confusing Mess, Kenneth M. Murchison
William & Mary Environmental Law and Policy Review
No abstract provided.
Constitutional Climate Change In The Courts, James R. May
Constitutional Climate Change In The Courts, James R. May
James R. May
We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses and standing. In 2007 most of it involves either state action (e.g., to regulate greenhouse gas emissions from new motor vehicles or require climate friendly energy production), or state causes of action (e.g., public or private nuisance). In 2007, the trend was toward dismissing climate-tort cases as presenting political questions. Notably, in Mass. v. EPA, …
Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank
Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank
Faculty Articles and Other Publications
In Massachusetts v. EPA, 127 S. Ct. 1438 (2007), the Supreme Court held that carbon dioxide (CO²) and other greenhouse gases (GHGs) are air pollutants within the meaning of the Clean Air Act (CAA). Although its decision on the merits is important, the Court's conclusion that Massachusetts had standing to file suit because states are entitled to more lenient standing criteria may have a greater impact in the long-term on legal doctrine. In Massachusetts, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent …
Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford
Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford
Faculty Publications
This paper adds to the debate over whether self-policing can increase environmental protection by considering an issue that has been ignored in previous models—that self-policing may influence future enforcement. The model combines self-policing with targeted enforcement and allows for both deliberate and inadvertent violations. As expected, rewarding self-policers with more lenient future enforcement increases auditing, remediation, and disclosure of inadvertent violations. Self-policing can also serve as a complement to deliberate compliance and can thus further increase environmental performance. However, under reasonable conditions, self-policing can be a substitute for deliberate compliance and could therefore be detrimental to environmental protection.
Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman
Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Nupur Chowdhury
The SPS Agreement in the WTO gives legal validity to the CODEX standards. Since the developed countries have been at the forefront of setting the food standards in the CODEX, the developing countries have been increasingly engaged in the CODEX, and also in the WTO, with an objective to increase their exports of the agricultural and food products. But such objective and desire have often been stymied by the lack of institutions which can sustain the intense technical negotiations at the CODEX. If these participations are not qualitatively satisfactory, the very objective of such participations is not fulfilled. But since …
Water Is Security, Prof. Elizabeth Burleson
Water Is Security, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Reasonable and equitable water resource decision-making is at the core of good governance around the world. Sustained water collaboration is an antidote to foreign relations disintegration. Lack of water quality and quantity policies can lead to water insecurity for everyone, yet bureaucratic obstacles such as inertia and corruption must be averted in altering water governance schemes. There are multiple ways to lower transaction costs and strive for optimal water use. Several ingredients of good water governance include: (1) broad participation through the entire decision-making process; (2) transparent flow of information; (3) equitable opportunities to increase well-being; (4) accountability from governments, …
A Climate Of Extremes: Transboundary Conflict Resolution, Prof. Elizabeth Burleson
A Climate Of Extremes: Transboundary Conflict Resolution, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article examines evolving climate change policy. In April 2007 Massachusetts v. Environmental Protection Agency clarified that the EPA has the authority to regulate greenhouse gas emissions. This Supreme Court ruling coincided with the United Nations Security Council's decision to put climate change on its agenda. The Intergovernmental Panel on Climate Change (IPCC) has found that anthropogenic climate change has impacted the natural world and human societies. Scientific and governmental consensus has coalesced that multilateral climate mitigation and adaptation must be implemented. International institutions, governments, businesses, non-governmental organizations, and civil society can achieve multilateral greenhouse gas mitigation and climate adaptation.
Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, Lindsay Wiley, James G. Hodge Jr., Erin Fuse Brown, Dhrubajyoti Bhattacharya
Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, Lindsay Wiley, James G. Hodge Jr., Erin Fuse Brown, Dhrubajyoti Bhattacharya
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2007 the Eleventh Circuit interpreted the United States Supreme Court’s decision in Rapanos v. United States, regarding the federal government’s jurisdiction over waters under the Clean Water Act (“CWA”), and held that in order for federal jurisdiction to exist over a water that is not navigable in fact, the water must have a “significant nexus” with a water that is navigable in fact. Also under the CWA, the court partially reversed a granting of summary judgment to the Florida Department of Environmental Protection, holding that the department had improperly excluded some types of evidence in approving Florida’s 2002 …
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, Peter A. Appel, T. Rick Irvin, Julie M. Mcentire, J. Chris Rabon
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, Peter A. Appel, T. Rick Irvin, Julie M. Mcentire, J. Chris Rabon
Scholarly Works
This Article posits that in response to adoption of Kyoto Protocol targets by governments and multi-national corporations overseas that comprise significant portions of the global economy as well as global financial markets, businesses and state and local governments in the U.S. are also being driven by necessity to undertake sustainable commerce initiatives. Businesses in the EU and other Kyoto-compliant regions that have implemented sustainable commerce programs now require overseas vendors and suppliers-including those in the U.S.-to implement their own sustainable commerce initiatives as a condition of approved supplier status. New EU environmental regulations developed in part to meet Kyoto-specified emissions …
The Managerial Turn In Environmental Policy, Cary Coglianese
The Managerial Turn In Environmental Policy, Cary Coglianese
All Faculty Scholarship
No abstract provided.
Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth
Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth
David A. Wirth
No abstract provided.
Using Mandates And Incentives To Promote Sustainable Construction And Green Building Projects In The Private Sector: A Call For More State Land Use Policy Initiatives, Carl J. Circo
Carl J. Circo
Vantage Point, David R. Hodas
Federal Climate Change Legislation As If The States Matter, John C. Dernbach, Robert B. Mckinstry,, Thomas D. Peterson
Federal Climate Change Legislation As If The States Matter, John C. Dernbach, Robert B. Mckinstry,, Thomas D. Peterson
John C. Dernbach
The growing prospect of comprehensive national climate change legislation raises many important questions about the role of state efforts in a national climate change program. This article identifies the key state/federal issues that should be addressed in any comprehensive national comprehensive climate change legislation. It also provides recommendations for resolving these issues. In addition to a cap-and-trade program and uniform national standards for some sectors, federal climate change legislation should adopt and modify the State Implementation Plan model in the Clean Air Act. That is, states should be given responsibility through State Implementation Plans to achieve specified emissions reductions, including …
Constitutional Law: 2008 Annual Report, James R. May
Constitutional Law: 2008 Annual Report, James R. May
James R. May
No abstract provided.
Developing A Comprehensive Approach To Climate Change Policy In The United States That Fully Integrates Levels Of Government And Economic Sectors, John C. Dernbach, Thomas D. Peterson, Robert B. Mckinstry
Developing A Comprehensive Approach To Climate Change Policy In The United States That Fully Integrates Levels Of Government And Economic Sectors, John C. Dernbach, Thomas D. Peterson, Robert B. Mckinstry
John C. Dernbach
The United State Supreme Court's holding in Massachusetts v. EPA that greenhouse gases are air pollutants under the Clean Air Act makes it virtually certain that federal climate change legislation will be accomplished by amending that Act. This Article explains and justifies an approach to federal climate legislation that uses and builds on the Act's various tools, including air quality standards, technology-based limitations, and state implementation plans. The Article discusses models for climate response that have emerged from state responses to date and presents the reductions that could be achieved if these were scaled up to the federal level. Federal …
Trying To Vote In Good Conscience, Elizabeth F. Brown
Trying To Vote In Good Conscience, Elizabeth F. Brown
Elizabeth F Brown
This Article analyses the U.S. Conference of Catholic Bishops’ statement, Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States, and how it addresses the economic and environmental issues raised during the 2008 Presidential election.
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …