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Articles 1 - 21 of 21
Full-Text Articles in Law
Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker
Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker
Washington and Lee Journal of Energy, Climate, and the Environment
Whistleblowers could facilitate the regulation of the environmental sector at little to no cost to the taxpayer. Often, potential whistleblowers have timely access to information that would enable them to avert or minimize environmental damage and to protect our communities. However, existing federal and state regulations fail to adequately protect environmental whistleblowers and to incentivize potential environmental whistleblowers. These failures unjustly penalize whistleblowers and discourage potential whistleblowers. This article uses research findings and a case study to illuminate these failings and to argue for reforms that would better protect and incentivize whistleblowers
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Washington and Lee Journal of Energy, Climate, and the Environment
In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …
Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk
Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk
Washington and Lee Journal of Energy, Climate, and the Environment
It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries following …
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Washington and Lee Journal of Energy, Climate, and the Environment
As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …
Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael
Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael
Washington and Lee Journal of Energy, Climate, and the Environment
This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.
Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara
Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara
Washington and Lee Journal of Energy, Climate, and the Environment
On November 27, 2012—without the fanfare of a Rose Garden ceremony—President Obama signed into law a bill that forbids United States airlines from participating in the European Union Emissions Trading Scheme (“EU ETS”). Environmental organizations bemoaned the President’s decision after having urged him to veto the bill. Supporters of the law hailed the passage as a win for American sovereignty, preventing an illegitimate and disingenuous environmental tax on U.S. carriers and passengers. This article addresses the aviation industry’s role in global climate change, and offers an in-depth analysis of the EU ETS and the European Commission’s decision to include international …
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Washington and Lee Journal of Energy, Climate, and the Environment
The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Washington and Lee Journal of Energy, Climate, and the Environment
Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Secretary Of Interior (Watt) V. California, Lewis F. Powell Jr
Secretary Of Interior (Watt) V. California, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Environmental Protection Agency V. National Crushed Stone Assn., Lewis F. Powell Jr.
Environmental Protection Agency V. National Crushed Stone Assn., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Vermont Yankee Nuclear Power Coporation V. Natural Resources Defense Council (Nrdc), Lewis F. Powell Jr.
Vermont Yankee Nuclear Power Coporation V. Natural Resources Defense Council (Nrdc), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Tennessee Valley Authority V. Hill, Lewis Powell Jr.
Tennessee Valley Authority V. Hill, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
E.I. Du Pont De Nemours & Co. V. Collins, Lewis F. Powell Jr.
E.I. Du Pont De Nemours & Co. V. Collins, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
E.I. Du Pont De Nemours Co. V. Train, Lewis F. Powell Jr.
E.I. Du Pont De Nemours Co. V. Train, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Puyallup Tribe, Inc. V. Department Of Game Of Washington, Lewis F. Powell Jr.
Puyallup Tribe, Inc. V. Department Of Game Of Washington, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Flint Ridge Development Company V. Scenic Rivers Of Oklahoma, Lewis F. Powell Jr.
Flint Ridge Development Company V. Scenic Rivers Of Oklahoma, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Cappaert V. United States, Lewis F. Powell Jr.
Cappaert V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dept. Of Game V. Puyallup, Lewis F. Powell Jr.
Dept. Of Game V. Puyallup, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.