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Full-Text Articles in Law

Our Supreme Court Tackles Greenhouse Gas Analysis In Eirs, Alan Ramo Jan 2016

Our Supreme Court Tackles Greenhouse Gas Analysis In Eirs, Alan Ramo

Publications

No abstract provided.


Passage And Flow Considered Anew: Wild Salmon Restoration Via Hyrdo Relicensing, Paul Stanton Kibel Jan 2016

Passage And Flow Considered Anew: Wild Salmon Restoration Via Hyrdo Relicensing, Paul Stanton Kibel

Publications

The FERC hydro relicensing process in the United States has often provided an effective mechanism to modify the terms of dam operations to reduce the adverse impacts on fisheries, particularly impacts on wild Pacific Coast salmon. This experience with FERC relicensing suggests that a transparent and scientifically rigorous regulatory framework to periodically review and modify the way dams operate can play a critical role in the restoration of wild fish stocks.


Social Function And Value Capture: Do They Or Should They Have A Role To Play In Polish Land Development Regulation, Colin Crawford, Julian Conrad Juergensmeyer, Dawid Sześciło Jan 2016

Social Function And Value Capture: Do They Or Should They Have A Role To Play In Polish Land Development Regulation, Colin Crawford, Julian Conrad Juergensmeyer, Dawid Sześciło

Publications

Following the introductory Part I, in Part II, two of the three authors here, both U.S. law professors, seek to identify some conceptual and practical legal tools for a more orderly and balanced land use development in the Warsaw metropolitan region, one that promotes not just economic and industrial growth but one that also serves medium- and longer-term social and environmental interests as well. Part III, written by the third author – a Polish law professor, will evaluate the prospects for, as well as the challenges and impediments to, implementing these legal tools in the Polish context. Finally, in Part …


The Energy Prosumer, Sharon B. Jacobs Jan 2016

The Energy Prosumer, Sharon B. Jacobs

Publications

Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency, and demand response. This Article offers a positive account of the emergence of these new energy actors, which it calls "energy prosumers. " It then frames several doctrinal and procedural puzzles that prosumers create, including jurisdictional puzzles, distributional concerns, and democratic challenges. Ultimately, it concludes that prosumers can be a positive disruptive force in the electricity industry if courts and regulators can manage these challenges effectively. …


Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson Jan 2016

Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson

Publications

Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …


Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd Jan 2016

Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd

Publications

How will big data impact environmental law in the near future? This Essay imagines one possible future for environmental law in 2030 that focuses on the implications of big data for the protection of public health from risks associated with pollution and industrial chemicals. It assumes the perspective of an historian looking back from the end of the twenty-first century at the evolution of environmental law during the late twentieth and early twenty-first centuries. The premise of the Essay is that big data will drive a major shift in the underlying knowledge practices of environmental law (along with other areas …


Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace Jan 2016

Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace

Publications

The advent of horizontal oil and gas drilling into relatively impermeable shale rock, and the companion technological breakthrough of high-pressure, multi-stage fracking that frees hydrocarbons along the substantial length of these horizontal wells, has fundamentally altered the oil and gas industry. The Energy Information Administration has gone so far as to predict that North America could become a net energy exporter as early as 2019, largely as a result of the explosive growth of this “unconventional” oil and gas development. Despite its promise, managing unconventional oil and gas development has proved challenging, and many of the communities that find themselves …