Law Commons^™

Oversight Hearing On The Federal Superfund Program's Activities To Protect Public Health, Rena Steinzor

Rena I. Steinzor

No abstract provided.

A Perfect Storm: Mercury And The Bush Administration, Rena Steinzor, Lisa Heinzerling

Rena I. Steinzor

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …

Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor

Rena I. Steinzor

No abstract provided.

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor

Congressional Testimony

No abstract provided.

Untested Waters: The Rise Of Hydraulic Fracturing In Oil And Gas Production And The Need To Revisit Regulation, Hannah J. Wiseman

Scholarly Publications

No abstract provided.

Standing And Future Generations: Does Massachusetts V. Epa Open Standing For Generations To Come?, Bradford Mank

Faculty Articles and Other Publications

Many issues, especially potential environmental catastrophes caused by climate change, affect not just the living, but also future generations. The bias in our political system against addressing the interests of future generations poses serious obstacles in solving long-term environmental problems such as global warming. Because future generations cannot vote, unelected federal judges are more suited to protect their interests than the political branches.

An important question is whether anyone has standing to sue on behalf of future generations in the federal courts. The Supreme Court's Article III standing test requires plaintiffs to demonstrate that they have personally suffered an injury …

First Annual Climate And Energy Law Symposium: Federal Preemption Or State Prerogative: California In The Face Of National Climate Policy: An Introduction, Richard J. Lazarus

San Diego Journal of Climate & Energy Law

The University of San Diego School of Law's decision to create a new scholarly law journal dedicated to climate and energy issues could hardly come at a better time. ...
... The resulting debate and discussion, reflected in the following papers that the speakers produced, should be required reading for those lawmakers both in Washington, DC and in state capitals such as Sacramento, as they craft federal and state laws that seek to address this "most pressing environmental challenge."

Cleaning Up The Problem Of Post-Combustion Coal Waste, Amanda King

Sustainable Development Law & Policy

No abstract provided.

The International Court Of Justice’S Treatment Of “Sustainable Development”And Implications For Argentina V. Uruguay, Lauren Trevisan

Sustainable Development Law & Policy

No abstract provided.

Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe

Sustainable Development Law & Policy

No abstract provided.

Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program - A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman

Faculty Scholarship

On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …

Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer

University of Colorado Law Review

The effort to address climate change is global in scale and increasingly urgent, yet it lacks an effective policy framework. President Obama's determination to elevate clean energy to a national policy priority, Congress's consideration of a federal cap-and-trade regime for greenhouse gases, and the upcoming revisions to the Kyoto Protocol all provide an opportunity to move toward adopting a globally balanced carbon budget. A balanced carbon budget could replace the current, somewhat arbitrary greenhouse gas reduction targets with a scientifically derived calibration limiting global carbon emissions to the rate of carbon absorption. Carbon sub-budgets could then be allocated to each …

Wal-Mart In The Garden District: Does The Arbitrary And Capricious Standard Of Review In Nepa Cases Undermine Citizen Participation?, Dawn E. Jourdan, Kevin Gifford

UF Law Faculty Publications

The National Environmental Policy Act (NEPA), enacted in 1969, requires that agencies of the U.S. government or those seeking to use federal funds to construct projects study the environmental and social impacts of said projects. Under the provisions of NEPA, a first-level review must be conducted for all projects not otherwise exempted. If the entity conducting the review deems that the project will result in a significant impact on humans or the environment, an environmental impact statement (EIS) must be prepared. The decision about whether or not to prepare an EIS can be controversial due to the fact that the …

Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Bob Gough, NativeEnergy, Inc.

72 slides

Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner

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.

Massachusetts V. U.S. Epa Part Ii: Implications Of The Supreme Court Decision: Hearing Before The H. Select Comm. On Energy Independence And Global Warming, 110th Cong., Mar. 13, 2008 (Statement Of Professor Lisa Heinzerling, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

A Renewed Role For Conservation In Environmental Policy, Amie Medley

Michigan Law Review First Impressions

Not since President Carter's impassioned speeches in the 1970s, which warned Americans that their country's dependence on oil was "likely to get progressively worse through the rest of this century," has there been serious attention to the role conservation should play in addressing environmental issues such as climate change and sustainability. The next presidential administration should highlight the importance of individuals taking action in their homes and communities in order to decrease the unsustainable demand for natural resources.

A Climate Agenda For The New President, Lisa Heinzerling

Michigan Law Review First Impressions

The Bush Administration squandered eight years denying the reality of climate change and delaying action on it. Nevertheless, the president who comes into office in January will face two happy realities. First, whatever the Bush Administration has done (through obstruction or inaction) on climate change can easily be undone due to its legal and scientific flimsiness. And second, statutes now on the books provide plenty of legal authority for swift action on the most important environmental issue of our time.

New Jersey V. Epa, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad

American Indian Law Review

No abstract provided.

Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar

Faculty Scholarship

Despite the ubiquity of information, no one has proposed calling the present era the Knowledge Age. Knowledge depends not only on access to reliable information, but also on sound judgment regarding which information to access and how to situate that information in relation to the values and purposes that comprise the individual's or the social group's larger projects. This is certainly the case for wise and effective environmental governance. A regulator needs accurate information to understand the nature of a problem and the consequences of potential responses. Likewise, the regulated community needs information to decide how best to comply with …

A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson

Articles & Chapters

No abstract provided.

Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival

Faculty Scholarship

In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …

In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg

Faculty Scholarship

This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments …

The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson

Articles

Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared with Congress and the courts. As they note, the quality of agency deliberation matters to two different debates. First, should an agency interpretation of statutory language to preempt state law receive Chevron deference in the courts, as other agency interpretations may, or should some lesser form of deference be given? Second, should a general statutory authorization to an agency to administer a program and to issue rules …

Strange Bedfellows, David M. Uhlmann

Articles

Environmental protection has not been a priority for the Bush administration, but, contrary to popular perception, criminal prosecution of companies and officials accused of breaking environmental laws has flourished.

Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: J.B. Ruhl, Florida State University Law School

18 slides

Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe

10 pages.

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references