Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Fun With Reverse Ejusdem Generis, Jay D. Wexler
Fun With Reverse Ejusdem Generis, Jay D. Wexler
Faculty Scholarship
In the canon of statutory construction canons, perhaps no canon is more canonical than the canon known as ejusdem generis. This canon, which translates as “of the same kind,” states that when a statute includes a list of terms and a catch-all phrase, the set of items covered by the catch-all phrase is limited to the same kind or type of items that are in the list. The canon of ejusdem generis has a long and storied history in the law, has been used by judges in countless cases, and has been the subject of a large body of scholarly …
Persistent Regulations: A Detailed Assessment Of The Trump Administration's Efforts To Repeal Federal Climate Regulations, Jessica A. Wentz, Michael B. Gerrard
Persistent Regulations: A Detailed Assessment Of The Trump Administration's Efforts To Repeal Federal Climate Regulations, Jessica A. Wentz, Michael B. Gerrard
Faculty Scholarship
This paper takes a critical look at what the Trump administration has actually accomplished in terms of repealing and modifying greenhouse gas emission standards and otherwise advancing its pro-fossil fuel agenda. As detailed herein and summarized in Figures 1 and 2, the scope of the efforts taken pursuant to this agenda is extremely broad – there are dozens of different deregulatory actions underway at various agencies, most notably the Environmental Protection Agency (EPA). But in most cases, the pace of these efforts has been quite slow. This is particularly true for efforts to repeal or revise major regulations like the …
Regulating In The Face Of A Changing World: Legal Regulation Of Climate Change, Michael B. Gerrard
Regulating In The Face Of A Changing World: Legal Regulation Of Climate Change, Michael B. Gerrard
Faculty Scholarship
Everyone knows that the temperatures have been going up. While tern, peratures bounce around from year to year, when looking at five,year averages, the trend is unmistakable. A well,known adverse effect of these changes is that the Arctic is warming; the extent of Arctic sea ice declin, ing had dipped to a record low in 2015. A decreased level of sea ice has led to the rise of sea levels, which have increased at an accelerated pace. There are a number of projections about what the future pace of sea level rise will be, but most scientists believe it most …
Overview Of Climate Change Litigation, Michael B. Gerrard
Overview Of Climate Change Litigation, Michael B. Gerrard
Faculty Scholarship
Climate change litigation is a global phenomenon. According to a database maintained by the Sabin Center for Climate Change Law, as of February 4, 2019 a total of 1,297 climate cases had been filed in courts or other tribunals worldwide. Of these, 1,009 — 78 percent — were from the United States, Australia was a distant second, with ninety-eight, followed by the United Kingdom with forty-seven. No other country had as many as twenty. The cases were filed in twenty-nine countries and six international tribunals, led by the Court of Justice of the European Union, which had forty-one.