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Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon Nov 2009

Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon

Pace Law Faculty Publications

This is the second part of Professor John R. Nolon’s two-part series on climate change mitigation through sustainable development law. Part I ran in October 2009 http://digitalcommons.pace.edu/lawfaculty/646/. In Part I, I argued that local governments should be partners with federal and state governments in managing climate change. This may sound incongruous to the ears of those listening to the debates over cap-and-trade legislation. In that context, state and local programs that cap, auction, tax, regulate, track, or otherwise attempt to manage greenhouse gas emissions are criticized on a number of grounds. The same can ...


Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon Oct 2009

Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon

Pace Law Faculty Publications

This is the first of two commentaries that explore the role of local governments in mitigating and adapting to climate change through sustainable development strategies. They focus on the significant authority to regulate land use and building construction that is delegated to local governments by their states, and how that authority can be coordinated with the roles and responsibilities of state and federal governments to manage climate change and achieve sustainable development.


Petition Clause Interests And Standing For Judicial Review Of Administrative Lawmaking, Karl S. Coplan Apr 2009

Petition Clause Interests And Standing For Judicial Review Of Administrative Lawmaking, Karl S. Coplan

Pace Law Faculty Publications

One of the primary roles of agencies in the modern administrative state is the promulgation of rules and regulations governing primary conduct. Separation of powers and non-delegation concerns have evolved into very weak limits on the scope of agency lawmaking authority. Once the executive branch agencies have acted, Article III courts routinely step in to review the consistency of these regulations with congressional mandates. Particularly in the case of controversial regulations, the lawmaking process is not complete until judicial review. Entities burdened by such regulations--so called “regulatory objects”-- enjoy presumed standing to challenge the scope of agency regulations. Groups of ...


Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger Jan 2009

Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger

Pace Law Faculty Publications

Biofuels have the exciting potential of mitigating the grave threats of global warming, reducing the world's dependence on imported oil from insecure sources and of reducing the skyrocketing costs of oil that are threatening to undermine the world's economies and devastating the people in non-oil producing, developing countries. For the people in these countries, biofuel offer a promising road to enhance development since they use local materials, can provide local jobs, and do not require the import of expensive equipment and expertise. Brazil has been the pioneer in the use of biofuel, allowing it to eliminate its oil ...


The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon Jan 2009

The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon

Pace Law Faculty Publications

This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society’s climate change mitigation efforts. Five of Socolow’s strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power. Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide (CO2) reduction can be achieved. After making some background points, this ...


Nepa At 40: International Dimensions, Nicholas A. Robinson Jan 2009

Nepa At 40: International Dimensions, Nicholas A. Robinson

Pace Law Faculty Publications

Section 102 of the National Environmental Policy Act (NEPA) contains a broad mandate to apply the policies of § 101 on an international plane. I explored these concepts initially on assignment as a member of the Legal Advisory Committee to the Council on Environmental Quality (CEQ) in 1969-1971, and published the analysis in 1974, after that Committee wound up its business. It is time for the CEQ to revisit the rest of § 102, and elaborate guidance and regulations for federal agencies to comply with and use the environmental management mandates in § 102(A), (B), (E), (F), (G), and (H).


A River Beckons Home, Alexandra Dapolito Dunn Jan 2009

A River Beckons Home, Alexandra Dapolito Dunn

Pace Law Faculty Publications

No abstract provided.


Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson Jan 2009

Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


Wind Power, National Security, And Sound Energy Policy, Elizabeth Burleson Jan 2009

Wind Power, National Security, And Sound Energy Policy, Elizabeth Burleson

Pace Law Faculty Publications

Wind-generated electricity in the United States has grown by more than 400 percent since 2000. According to the Department of Energy, 6 percent of US land could supply more than one and a half times the current electricity consumption of the country. Yet, challenges remain in matching demand for electricity with supply of wind as well as achieving grid parity. Careful wind turbine and transmission line siting can occur through cooperation between federal, state, tribal, and civil society participation in decision-making. Tribal wind initiatives have shown that developing wind power can also benefit rural communities. Congress should pass a national ...


Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh Jan 2009

Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh

Pace Law Faculty Publications

Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).7 Although an American diplomat is said to have remarked in preparing ...


Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh Jan 2009

Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh

Pace Law Faculty Publications

The conference Energy and the Environment: Empowering Consumers brought together legal scholars, attorneys, scientists, philosophers, journalists, sociologists, elected representatives, and agency experts. This symposium issue of the Hofstra Law Review presents a selection of papers from conference participants that, together, illustrate some of the opportunities, challenges, and diverse questions that arise in the effort to deploy energy and environmental law and policy to embrace individual consumers and combat climate change.


Ideological Plaintiffs, Administrative Lawmaking, Standing And The Petition Clause, Karl S. Coplan Jan 2009

Ideological Plaintiffs, Administrative Lawmaking, Standing And The Petition Clause, Karl S. Coplan

Pace Law Faculty Publications

In the 1992 Lujan v. Defenders of Wildlife decision, Justice Scalia declared that business interests subject to regulation had automatic standing to challenge regulations in court, but that where “the plaintiff is not himself the object of the government action or inaction he challenges, standing is not precluded, but it is ordinarily ‘substantially more difficult’ to establish.” This article explores the impact this differential standard for court access has on ideologically-motivated public interest plaintiffs, and suggest heightened scrutiny of standing rules under the Petition Clause of the First Amendment based on the viewpoint differential effect of current standing doctrine. This ...


Rising Tides-Changing Title: Walton County V. Stop The Beach Renourishment, John R. Nolon Jan 2009

Rising Tides-Changing Title: Walton County V. Stop The Beach Renourishment, John R. Nolon

Pace Law Faculty Publications

This article first discusses the facts of the Walton County case and how the statute affects title to coastal parcels and then turns to an analysis of the fee simple absolute title to coastal properties in Florida, how deeds are drawn, and how title is insured under title company practices. This is followed by a further exploration of the regulatory taking issue and then the judicial taking claim. We then explore the tension that the judicial takings issue raises regarding the jurisdiction of federal and state courts. The article then takes a look at the property interests--the sticks in the ...


Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher Jan 2009

Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.