Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Environmental Law

Environmental policy

Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 158

Full-Text Articles in Law

An Analysis Of United States Nuclear Power Plant Decommissioning Policy And The Public Participation Process, Alexis Stabulas Mar 2019

An Analysis Of United States Nuclear Power Plant Decommissioning Policy And The Public Participation Process, Alexis Stabulas

International Development, Community and Environment (IDCE)

As the number of nuclear power plants slated for decommissioning increases, reflecting on the U.S. Nuclear Regulatory Commission’s (NRC’s) decommissioning regulations in relation to public participation becomes increasingly important. When plants close, communities lose security in economics, employment, and environmental and human health. The NRC’s regulations on public involvement are very limited and generally stakeholders do not feel supported in the decommissioning process. Local and tribal governments, citizen groups, the general public, and those directly affected have all found the NRC’s public involvement inadequate, ineffective, and infrequent. The case studies of two completely decommissioned plants ...


Multilateral Economic Institutions And U.S. Foreign Policy: Hearing Before The Subcomm. On Multilateral Int'l Dev., Multilateral Insts., & Int'l Econ., Energy, & Envtl. Pol'y Of The S. Comm. On Foreign Relations, 115th Cong., Nov. 27, 2018 (Statement Of Jennifer A. Hillman), Jennifer A. Hillman Nov 2018

Multilateral Economic Institutions And U.S. Foreign Policy: Hearing Before The Subcomm. On Multilateral Int'l Dev., Multilateral Insts., & Int'l Econ., Energy, & Envtl. Pol'y Of The S. Comm. On Foreign Relations, 115th Cong., Nov. 27, 2018 (Statement Of Jennifer A. Hillman), Jennifer A. Hillman

Testimony Before Congress

Virtually every major international gathering of world leaders recently has ended in failure—or at least failure to reach enough agreement to issue a concluding statement or communique. These failures come at a time when many have been looking for signs that world leaders would come together to address the most pressing problems facing the world—including climate change, the breakdown in the rules of the international trading system, the need everywhere for good jobs that pay a living wage, and rapidly growing income inequality.

The failure of these meetings to produce formal agreements—or even specific paths to reaching ...


Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek Apr 2018

Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek

William & Mary Environmental Law and Policy Review

No abstract provided.


Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil Apr 2018

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

William & Mary Environmental Law and Policy Review

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current “pledge and review” paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep ...


The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen Apr 2018

The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Law Practice: Problems And Exercises For Skills Development, Noah M. Sachs Jan 2018

Environmental Law Practice: Problems And Exercises For Skills Development, Noah M. Sachs

Law Faculty Publications

One of the few books to focus on practice as opposed to pure substantive issues, this book provides environmental law teachers with a new resource for imparting practical skills. The authors have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; and comment on an EPA rule making, as well as many other relevant skills ...


Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman Nov 2017

Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman

William & Mary Environmental Law and Policy Review

No abstract provided.


Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb Nov 2017

Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb

William & Mary Environmental Law and Policy Review

The U.S. has recently experienced a domestic energy renaissance, made possible by technological advances, enabling the development of unconventional oil and gas resources. Vital to this development is hydraulic fracturing (“fracking”), whereby fluid is injected underground at high pressure to fracture the rock, thereby enabling the flow of oil and gas. Fracking has recently faced growing opposition with many concerned about its environmental impacts, particularly its potential to adversely affect water resources, because fracking uses vast amounts of fresh water that ends up as contaminated wastewater. Most of this wastewater is disposed of through underground injection, resulting in its ...


A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne Nov 2017

A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne

William & Mary Environmental Law and Policy Review

Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews ...


Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano Nov 2017

Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano

William & Mary Environmental Law and Policy Review

No abstract provided.


Quick Fixes Or Real Remedies? The Benefits And Limitation Of Climate And Energy Fast Policy, Melissa Powers, Edward Jewell, Joni Sliger Jan 2017

Quick Fixes Or Real Remedies? The Benefits And Limitation Of Climate And Energy Fast Policy, Melissa Powers, Edward Jewell, Joni Sliger

San Diego Journal of Climate & Energy Law

To avoid these shortcomings, this article recommends that Oregon and other states lacking meaningful climate mitigation and energy decarbonization strategies slow down their policymaking so that they can first develop a long-term plan. These states should also ensure that their governance structures are in order. Specifically, states should ensure they have a governance system capable of designing, from the ground-up, a comprehensivestrategy to decarbonize the energy system and substantially reduce greenhouse gases by the middle of the century.[1] An adequate governance structure would also ensure that regulatory and planning agencies have the expertise, independence, and capacity to evaluate existing ...


Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic Apr 2016

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a ...


Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Mar 2016

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places ...


Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman Jan 2016

Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman

Publications and Research

Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the ...


The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery Jan 2016

The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery

Seattle Journal of Environmental Law

Combatting environmental damage has become a primary goal of the international community. Unfortunately, international human rights law has not taken this aim seriously. Although the Inter-American regional human rights system, one of three regional human rights institutions, empathizes with protecting the environment, it enervates such goals by barring victims of air pollution and climate change from access to judicial remedies. Seeking to bridge the gap between human rights law and environmental protection, this article explains why clean air is a human right, develops the positive content for such a right, and evaluates the practical reasons that justify the right’s ...


Cultural Rights V. Species Protection: A Case Study Of Pacific Leatherback Sea Turtles, Mohit Khubchandani, Mehul Parti Jan 2016

Cultural Rights V. Species Protection: A Case Study Of Pacific Leatherback Sea Turtles, Mohit Khubchandani, Mehul Parti

Seattle Journal of Environmental Law

The leatherback sea turtle (Dermochelys coriacea), sometimes called the lute turtle, is the largest of all living turtles. It is the fourth- heaviest modern reptile behind three crocodilians. These species are categorized as critically endangered under the International Union for Conservation of Nature (IUCN) Red List. These turtles avail pro- tection under the Convention on Illicit Trade in Endangered Species (CITES); a treaty enacted to protect wildlife against over-exploita- tion and with an aim to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The said treaty is applicable to species in general ...


Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener Jan 2016

Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener

Faculty Scholarship

Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a ...


Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro Jan 2016

Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro

Faculty Scholarship

No abstract provided.


Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman Dec 2015

Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman

Publications and Research

A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study ...


Expanding The Renewable Energy Industry Through Tax Subsidies Using The Structure And Rationale Of Traditional Energy Tax Subsidies, Blake Harrison Apr 2015

Expanding The Renewable Energy Industry Through Tax Subsidies Using The Structure And Rationale Of Traditional Energy Tax Subsidies, Blake Harrison

University of Michigan Journal of Law Reform

Just as the government invested in oil and gas, it must now invest in new energy sources. In a sense, Americans need history to repeat itself. This Note suggests that Congress should amend the United States Tax Code to further subsidize the renewable energy industry. Congress should use subsidies historically available to the oil and gas industries as a model in its amendments. These subsidies serve as a model for promoting the renewable energy industry because such subsidies were fundamental in facilitating the oil and gas industries’ dominance today. Ultimately, Congress must further subsidize the renewable energy industry to avoid ...


Reducing Releases Of Pahs: A Comparative Case Study Of Coal Tar Sealant Bans In The United States, Margaret Morrison Jan 2015

Reducing Releases Of Pahs: A Comparative Case Study Of Coal Tar Sealant Bans In The United States, Margaret Morrison

Dissertations, Master's Theses and Master's Reports - Open

Coal tar based sealants are applied to parking lots, driveways, and playgrounds in order to prevent pavements from deteriorating and cracking. Approximately 85 million gallons of coal tar based sealants are applied annually in the United States. In the mid-2000s scientists discovered that these type of sealants release polycyclic aromatic hydrocarbons (PAHs), which can be harmful to human and ecosystem health. After this discovery, dozens of city, county, and state wide bans of the product were put in place. However, some attempts at statewide bans have failed, while others have succeeded. This research examines the factors explaining the difference. These ...


Coming Into The Anthropocene, Jedediah Purdy Jan 2015

Coming Into The Anthropocene, Jedediah Purdy

Faculty Scholarship

This essay reviews Professor Jonathan Cannon’s Environment in the Balance. Cannon’s book admirably analyzes the Supreme Court’s uptake of, or refusal of, the key commitments of the environmental-law revolution of the early 1970s. In some areas the Court has adapted old doctrines, such as Standing and Commerce, to accommodate ecological insights; in other areas, such as Property, it has used older doctrines to restrain the transformative effects of environmental law. After surveying Cannon’s argument, this review diagnoses the historical moment that has made the ideological division that Cannon surveys especially salient: a time of stalled legislation ...


Αρκτούρος: Protecting Biodiversity Against The Effects Of Climate Change Through The Endangered Species Act, James Ming Chen Jan 2015

Αρκτούρος: Protecting Biodiversity Against The Effects Of Climate Change Through The Endangered Species Act, James Ming Chen

Washington University Journal of Law & Policy

Both law and science have achieved an increasingly strong basis over the past decade for addressing biodiversity loss attributable to climate change. Departing from the firm advocacy of expert agencies, the United States Supreme Court in Massachusetts v. EPA held that agencies must enforce federal environmental law despite the uncertainty surrounding climate change. Many legal tools are emerging as instruments of climate change policymaking. This Essay focuses on one specific climate change strategy, the use of the Endangered Species Act, to protect biodiversity from the effects of climate change.


Eco-Environmental Risk Management, Jonathan B. Wiener Jan 2015

Eco-Environmental Risk Management, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.


The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski Dec 2014

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be ...


European Economic Communities - Environmental Policy - Legal Basis And International Implications Of Council Regulation On The Supervision And Control Of Shipments Of Hazardous Waste, Kurt M. Rozelsky Oct 2014

European Economic Communities - Environmental Policy - Legal Basis And International Implications Of Council Regulation On The Supervision And Control Of Shipments Of Hazardous Waste, Kurt M. Rozelsky

Georgia Journal of International & Comparative Law

No abstract provided.


Books Received, Georgia Journal Of International And Comparative Law Oct 2014

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Making Ideas Matter: Remembering Joe Sax, Mark Van Putten Oct 2014

Making Ideas Matter: Remembering Joe Sax, Mark Van Putten

Michigan Journal of Environmental & Administrative Law

Joe Sax made his ideas matter. He had consequential ideas that shaped an entire field—in his case, environmental law—both in theory and in practice. His scholarship was first rate and has enduring significance in academia, as evidenced by the fact that two of his law review articles are among the 100 most frequently cited articles of all time. Others are more competent to review the importance of his scholarship; my experience in environmental advocacy is more pertinent to evaluating his impact on environmental policymaking. Here, his ideas have had a greater impact than any other legal academic. As ...


An Analysis Of The Substantive Effectiveness Of The National Environmental Policy Act: Lessons From Ivanpah, Stephanie C. Oehler Jan 2014

An Analysis Of The Substantive Effectiveness Of The National Environmental Policy Act: Lessons From Ivanpah, Stephanie C. Oehler

CMC Senior Theses

Nearly 45 years ago, the National Environmental Policy Act (NEPA) was signed into law to become the first national policy for the environment of the United States. As it has evolved over time through implementation and litigation, numerous countries and states around the world have emulated NEPA with similar environmental impact assessment requirements. Many scholars have evaluated the success of the legislation in accomplishing its lofty goals. Most commonly, however, these studies address the procedural performance of agencies through the creation of environmental impact statements. This thesis examines the effectiveness of NEPA in accomplishing its substantive, rather than procedural, goals ...


Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock Jan 2014

Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock

Faculty Scholarship

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity sector risks and potential compliance strategies for states under the Clean Power Plan. This overlap presents regulators with an opportunity to pursue strategies that help manage the transition occurring in the electricity sector and achieve greenhouse gas reductions required under the Clean Power Plan, particularly in the areas of end-use energy efficiency and additional renewable power generation.