Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

The Caa Motor Vehicle Inspection And Maintenance Program: Is It Cost Effective?, Arnold W. Reitze Jr. Oct 2017

The Caa Motor Vehicle Inspection And Maintenance Program: Is It Cost Effective?, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

Under the Clean Air Act, state-run vehicle inspection and maintenance (I/M) programs aim at preventing both manufacturers and consumers from circumventing or tampering with emissions control technology. Recent manufacturer cheating scandals, however, were detected by means other than I/M programs, and much I/M enforcement has been targeted at relatively low-level offenses. This Article traces the evolution of the I/M program and examines whether it currently provides benefits greater than its costs to vehicle owners, using Utah’s Wasatch Front (which includes Salt Lake City) to illustrate how the program operates in practice. It concludes that there is little current information to …


Climate Change And Common But Differentiated Responsibilities For The Ocean, Robin Kundis Craig Oct 2017

Climate Change And Common But Differentiated Responsibilities For The Ocean, Robin Kundis Craig

Utah Law Faculty Scholarship

Nations’ impacts on the ocean and their impacts on climate change are linked, especially given the synergistic interactions among these impacts on the two largest global commons—the atmosphere and the ocean. This article argues that climate change mitigation law, as represented internationally by the United Nations Framework Convention on Climate Change and its follow-on agreements, can better reflect nations’ broader Common but Differentiated Responsibilities (CBDR) by taking ocean impacts into account—in particular, contributions to ocean acidification and to marine fishing.


Emerging Shadows In National Solar Policy? Nevada's Net Metering Transition In Context, Lincoln L. Davies, Sanya Carley Feb 2017

Emerging Shadows In National Solar Policy? Nevada's Net Metering Transition In Context, Lincoln L. Davies, Sanya Carley

Utah Law Faculty Scholarship

Nevada recently overhauled its net energy metering policy, and instituted a new net billing program in its place. Nevada’s decision received significant attention across the nation, and raised the question whether other states will follow suit. This article reviews the process and decisions in Nevada that led to these policy changes, and puts Nevada’s experience in the context of national solar industry and net metering policy trends. Observing that pressure to change net metering policies is likely to increase across the U.S., the article concludes with insights that other states can glean from Nevada’s experience.


Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes Jan 2017

Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes

Utah Law Faculty Scholarship

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …


It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig Jan 2017

It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig

Utah Law Faculty Scholarship

Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.

In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …