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Katrina's Lament: Reconstructing Federalism, John R. Nolon
Katrina's Lament: Reconstructing Federalism, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The subject of stormwater management raises threshold questions about the federal system. Is the regulation of stormwater runoff and the environmental pollution it causes within the federal government's legal jurisdiction? Is it a matter reserved to the states under the Tenth Amendment? Or is it a joint responsibility and, if so, precisely how is federal and state authority shared? How does the delegation of power by states to local governments to regulate the use of privately owned land affect the federal-state division of power? What limits should there be on local control of land uses that cause “nonpoint source” pollution, …
The Intercivilizational Inequities Of Nuclear Power Weighed Against The Intergenerational Inequities Of Carbon Based Energy, Karl S. Coplan
The Intercivilizational Inequities Of Nuclear Power Weighed Against The Intergenerational Inequities Of Carbon Based Energy, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This essay explains that such encouragement of nuclear energy production as a “solution” to fossil fuel-induced climate change will create environmental problems equally as grave as those posed by a carbon-based energy economy. Both nuclear energy and fossil energy impose enormous environmental externalities that are not captured by the economics of energy production and distribution. While emissions trading schemes seek to harness market-based efficiencies to accomplish pre-determined reductions, they neither seek to nor succeed in capturing the environmental externalities of energy generation. By creating a set of incentives without capturing all of the externalities, these trading schemes will simply distort …