Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke
Brendan Burke
In August 2013, the Department of Energy promulgated a supplemental notice of proposed rulemaking to revise the Code of Federal Regulations title 10, part 810 (part 810). Part 810 controls the export of technology pertaining to special nuclear material (SNM) and its production outside the United States by U.S. citizens or corporations. Its purpose is to protect national security interests relating to nuclear non- proliferation while facilitating civil nuclear trade. The most noteworthy changes in the proposed revision pertain to how potential trade partner host countries are classified. This classification directly affects the volume of regulatory requirements applicable to transac- …
Dynamic Federalism And Wind Farm Siting, Brendan Burke
Dynamic Federalism And Wind Farm Siting, Brendan Burke
Brendan Burke
An “all-of-the-above” energy policy has led to the emergence of wind power as an energy resource of choice. But despite their considerable environmental and economic advantages, wind energy systems do have drawbacks. Among these, the mechanical and electromagnetic properties of wind turbines encroach on U.S. Department of Defense (“DoD”) military installations and activities. These encroachment concerns, including interference with air traffic control and other radar systems, create tension between national security and the development of renewable energy sources. Because utility siting decisions are made at the state and local level, the federal government’s ability to guard against encroachment by wind …
Carbon Capture And The Information Quality Act, Brendan Burke
Carbon Capture And The Information Quality Act, Brendan Burke
Brendan Burke
In January 2014, the U.S. Environmental Protection Agency (EPA) issued a proposed new source performance standard (NSPS) under the Clean Air Act for carbon dioxide (CO2) emissions from new or modified electric utility plants that will effectively require implementation of a process known as carbon capture and sequestration (CCS). The new rule would limit CO2, a previously unregulated greenhouse gas emission, from such generation facilities to a rate of 1,100 pounds per megawatt-hour. Energy producers, especially those employing coal-fired plants, are strongly opposed to these limits. In February 2014, the Center for Regulatory Effectiveness sent a letter to the EPA …
A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke
A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke
Brendan Burke
Every state and the federal government have laws mandating DNA sampling from certain criminal offenders. Convicts’ DNA information is then stored in state and nationwide databanks for use in investigating crimes that the convicts might commit in the future. Law enforcement professionals applaud this system; civil libertarians abhor it. Because this is essentially a seizure of blood without probable cause, mandatory DNA sampling has been subject to close Fourth Amendment scrutiny. Courts have traditionally upheld mandatory DNA sampling statutes under the special-needs exception to the Fourth Amendment’s probable cause requirement, a doctrine that allows for administrative or regulatory searches if …