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Articles 31 - 60 of 88
Full-Text Articles in Law
Fracturing Regulation Applied, Hannah J. Wiseman
Fracturing Regulation Applied, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
Scholarly Publications
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …
Hydraulic Fracturing And Information Forcing, Hannah J. Wiseman
Hydraulic Fracturing And Information Forcing, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
Formulating A Law Of Sustainable Energy: The Renewables Component, Hannah J. Wiseman, Lindsay Grisamer, E. Nichole Saunders
Formulating A Law Of Sustainable Energy: The Renewables Component, Hannah J. Wiseman, Lindsay Grisamer, E. Nichole Saunders
Scholarly Publications
No abstract provided.
Trade Secrets, Disclosure, And Dissent In A Fracturing Energy Revolution, Hannah J. Wiseman
Trade Secrets, Disclosure, And Dissent In A Fracturing Energy Revolution, Hannah J. Wiseman
Scholarly Publications
In the United States, Congress has traditionally relied, in part, upon citizen participation to control industrial activity and its effects on public welfare. It has also required industry to disclose certain information to the public in order to enable this participation. Early on in the movement toward expanded federal regulation of industry, Congress granted broad standing to individuals in generous “private attorney general” provisions in environmental and business-related statutes. It also required agencies to follow strict notice-and-comment rulemaking procedures, which directed agencies to publicize proposed rules and receive citizen comments. Through statutes such as the Emergency Planning and Community Right-to-Know …
Expanding Regional Renewable Governance, Hannah J. Wiseman
Expanding Regional Renewable Governance, Hannah J. Wiseman
Scholarly Publications
Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a potential site for a utility-scale development is identified, a new piece of property, which I call a “renewable parcel,” is superimposed …
Local Energy, Hannah J. Wiseman, Garrick B. Pursley
Local Energy, Hannah J. Wiseman, Garrick B. Pursley
Scholarly Publications
At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable energy farms is central to a transition away from fossil fuels, but distributed renewable energy technologies—wind turbines in backyards and solar panels on roofs—are immediately essential as well. Widespread deployment of distributed renewable technologies requires rapid innovation led by renewable energy pioneers—individuals who act as market leaders and prove to their neighbors that these new energy devices are safe and worthy of use. Existing law and the very structure of governmental authority over energy is ill-suited to this …
A Prediction Market For Climate Outcomes, Shi-Ling Hsu
A Prediction Market For Climate Outcomes, Shi-Ling Hsu
Scholarly Publications
This Article proposes a way of introducing some organization and tractability in climate science, generating more widely credible evaluations of climate science, and imposing some discipline on the processing and interpretation of climate information. I propose a two-part policy instrument consisting of (1) a carbon tax that is indexed to a “basket” of climate outcomes, and (2) a cap-and-trade system of emissions permits that can be redeemed in the future in lieu of paying the carbon tax. The amount of the carbon tax in this proposal (per ton of CO2) would be set each year on the basis of some …
Evolving Regulation In The New Energy Boom States, Hannah J. Wiseman
Evolving Regulation In The New Energy Boom States, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
Greening The Economy Sustainably, David L. Markell
Greening The Economy Sustainably, David L. Markell
Scholarly Publications
No abstract provided.
Regulatory Adaptation In Fractured Appalachia, Hannah J. Wiseman
Regulatory Adaptation In Fractured Appalachia, Hannah J. Wiseman
Scholarly Publications
America faces a growing energy challenge. We require energy for our every activity, yet we increasingly recognize that there are no easy energy solutions. Reliance upon traditional fossil fuels – many of them imported – jeopardizes our national security and releases harmful emissions, yet renewable energy technologies require high capital investments and have environmental impacts of their own. As we address this challenge and move toward a more sustainable energy future, “bridge fuels” like domestically-produced natural gas offer a near-term compromise between renewables and traditional fossil fuels. A growing quantity of bridge fuel in the form of domestic natural gas …
An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell
An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell
Scholarly Publications
No abstract provided.
The Role Of Citizen Spotlighting Procedures In Promoting Citizen Participation, Transparency, And Accountability, David Markell
The Role Of Citizen Spotlighting Procedures In Promoting Citizen Participation, Transparency, And Accountability, David Markell
Scholarly Publications
No abstract provided.
An Empirical Survey Of Climate Change Litigation In The United States, David Markell, J. B. Ruhl
An Empirical Survey Of Climate Change Litigation In The United States, David Markell, J. B. Ruhl
Scholarly Publications
A quickly growing number of commentators have suggested that the U.S. courts are already significant drivers of climate change policy, and that their role is likely to increase. In addition to fashioning law on their own, judicial decisions have significant implications for the work of the other branches of government. This Article provides a chronicling of every climate change case filed through December 31, 2009 (more than 130 such cases). It presents basic information about the cases, e.g., the types of cases, where they have been brought, the types of parties involved, and the outcomes. It also analyzes the data …
Is Cap-And-Trade Fair To The Poor? Short-Sighted Households And The Timing Of Consumption Taxes, Manuel A. Utset, Brian Galle
Is Cap-And-Trade Fair To The Poor? Short-Sighted Households And The Timing Of Consumption Taxes, Manuel A. Utset, Brian Galle
Scholarly Publications
No abstract provided.
Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Scholarly Publications
Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …
Untested Waters: The Rise Of Hydraulic Fracturing In Oil And Gas Production And The Need To Revisit Regulation, Hannah J. Wiseman
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.
Saving Lives Through Administrative Law And Economics: A Response, Shi-Ling Hsu
Saving Lives Through Administrative Law And Economics: A Response, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Using Empirical Research To Design Government Citizen Participation Processes: A Case Study Of Citizens' Roles In Environmental Compliance And Enforcement, David Markell, Tom R. Tyler
Using Empirical Research To Design Government Citizen Participation Processes: A Case Study Of Citizens' Roles In Environmental Compliance And Enforcement, David Markell, Tom R. Tyler
Scholarly Publications
No abstract provided.
Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman
Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
Scholarly Publications
The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and …
A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu
A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu
Scholarly Publications
Several dozen cases that can be classified as "climate change litigation" have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this point. This Article seeks to ground this debate by analyzing the actual legal doctrines that may serve as bases for liability, and seeks to make a realistic evaluation of the likelihood of success of these types of suits. Climate change litigation, in its various forms, raises issues of …
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Is There A Possible Role For Regulatory Enforcement In The Effort To Value, Protect, And Restore Ecosystem Services?, David Markell
Is There A Possible Role For Regulatory Enforcement In The Effort To Value, Protect, And Restore Ecosystem Services?, David Markell
Scholarly Publications
No abstract provided.
Citizen-Friendly Approaches To Environmental Governance, David Markell
Citizen-Friendly Approaches To Environmental Governance, David Markell
Scholarly Publications
Numerous commentators have urged that government increase opportunities for citizen participation as a way to advance a variety of public policy goals (enhancing government legitimacy, promoting more informed government decisions, etc.). In this Article, David L. Markell explores the experience of an international decisionmaking process that relies heavily on citizen participation, the Commission for Environmental Cooperation’s (CEC) citizen submissions process, through the lens of the procedural justice literature, which seeks to understand the reasons why citizens are satisfied with decisionmaking processes. He offers some thoughts about the design and operation of the CEC process in terms of its effectiveness in …
Understanding Citizen Perspectives On Government Decision-Making Processes As A Way To Improve The Administrative State, David L. Markell
Understanding Citizen Perspectives On Government Decision-Making Processes As A Way To Improve The Administrative State, David L. Markell
Scholarly Publications
This Article explores possible insights from the “procedural justice” literature about features of government decision making processes that citizens are likely to consider to be particularly valuable or important. Numerous commentators have urged that the government take steps to increase citizen participation in its decision making processes as a way to offset concerns about government legitimacy. The premise of the Article is that incorporating into government decision making processes features that are important to citizens is a potentially helpful step in fostering meaningful citizen participation. Processes that citizens value are more likely to be processes that citizens use and that …
What's Old Is New: The Problem With New Source Review, Shi-Ling Hsu
What's Old Is New: The Problem With New Source Review, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
The Real Problem With New Source Review, Shi-Ling Hsu
The Real Problem With New Source Review, Shi-Ling Hsu
Scholarly Publications
Editors’ Summary: When the CAA was amended in 1977, the U.S. Congress imposed pollution control requirements on new stationary sources of air pollution, called new source review (NSR), but exempted existing facilities from such requirements. By creating a more favorable regulatory environment for existing facilities than for new ones, “grandfathering” creates an incentive to keep old facilities up and running. Moreover, as a command-and control program, requiring capital expenditures for pollution control equipment makes the capital sluggishness problem worse. Combined with often confusing EPA policies and a changing political environment, NSR has resulted in a running battle between the regulated …
"Slack" In The Administrative State And Its Implications For Governance: The Issue Of Accountability, David Markell
"Slack" In The Administrative State And Its Implications For Governance: The Issue Of Accountability, David Markell
Scholarly Publications
No abstract provided.
Governance Of International Institutions: A Review Of The North American Commission For Environmental Cooperation's Citizen Submissions Process, David L. Markell
Governance Of International Institutions: A Review Of The North American Commission For Environmental Cooperation's Citizen Submissions Process, David L. Markell
Scholarly Publications
No abstract provided.