Law Commons^™

Mccain Vs. Obama On Environment, Energy, And Resources, Michael B. Gerrard

Faculty Scholarship

For the first time in living memory, the environment is receiving significant attention in a presidential election. Both Senator John McCain (R-AZ) and Senator Barack Obama (D-IL) have given speeches and run television advertisements on the issue and (after a slow start) are being asked questions by the national press about where they stand on climate change and energy.

This article compares the actions and positions of the two candidates on environmental, energy, and resources issues. It begins by looking at their voting records, presents their endorsements and campaign contributions, and then discusses their positions as shown in their campaign …

Climate Change And The Environmental Impact Review Process, Michael B. Gerrard

Faculty Scholarship

In the explosion of modern environmental law that occurred in the 1970s, the first major statute was the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4347, signed into law by President Richard M. Nixon on January 1, 1970. It spawned "little NEPAs" in about twenty-five states and eighty countries. Council on Environmental Quality, The National Environmental Quality Act: A Study of Its Effectiveness After Twenty-Five Years (1997). All of these laws were designed to require governments to consider environmental issues in their decisions. The chief mechanism of NEPA and its state equivalents is the preparation of environmental impact statements …

Seqra And Climate Change, Michael B. Gerrard

Faculty Scholarship

New York's State Environmental Quality Review Act (SEQRA) is the centerpiece of environmental decision-making in the state. It requires state and local agencies to prepare environmental impact statements (EISs) for actions that could significantly affect the environment. SEQRA has become the principal framework for the identification and mitigation of environmental impacts.

The text of SEQRA provides that EISs should discuss the "effects of the proposed action on the use and conservation of energy resources, where applicable and significant." EISs under SEQRA are also required to consider, among many other things, a project's effects on air pollution. Since the main source …

Financial Disclosure Of Risks Related To Global Climate Change, Michael B. Gerrard, Christopher Anderson

Faculty Scholarship

Securities and Exchange Commission (SEC) regulations require publicly traded companies to disclose the material impacts of environmental laws on their business. Increasing attention is being paid to the issue of securities disclosure of financial risks and opportunities posed by impending regulation relating to global climate change and by climate change itself.