Law Commons^™

Diversifying Nuclear Technology: A Technical Analysis On Small Modular Reactors And Its Impact On Nuclear Energy Policy, Carolina Lugo Mejia, Marcos Lugo

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The energy policy debate in the United States has revolved around the diversification of energy sources while promoting advantageous economic profits. One drive for this has been the discussion of anthropogenic, environmental endangerment concerns (Vlassopoulous 2011, 104). However, despite the environmental concerns, the U.S. has for some time only relied on one type of energy source—fossil fuels. Fossil fuels are categorized as natural gas, coal, petroleum, and other gases responsible (U.S. Energy Administration 2019). Natural gas is responsible for 38.4%, coal for 23.4%, petroleum for 0.4%, and other gases for 0.3% of the U.S.’s electrical generation (U.S. Energy Administration 2019). …

The Law Of Enhanced Weathering For Carbon Dioxide Removal: Volume 2 – Legal Issues Associated With Materials Sourcing, Romany M. Webb

Sabin Center for Climate Change Law

Achieving the Paris Agreement’s goal of limiting the increase in global average temperatures well below 2°C, and ideally to 1.5°C, above pre-industrial levels will likely require the removal of carbon dioxide from the atmosphere. This could be achieved in various ways, including by enhancing natural weathering processes in which carbon dioxide reacts with silicate-based rocks, eventually forming carbonate minerals (e.g., limestone). Research suggests that the amount of carbon dioxide sequestered through this natural process can be increased by grinding silicate-rich minerals (e.g., olivine) or rocks (e.g., dunite) to increase their surface area and then spreading the powder over land or …

Green Garbage: A State Comparison Of Marijuana Packaging And Waste Management, Kevin Dalia

Golden Gate University Environmental Law Journal

This article provides a brief historiography of legislative prejudice against marijuana to provide greater context as to why marijuana laws are strict, excessive, and improperly motivated, leading to environmental concerns that could be mitigated. The article compares waste management, packaging, and labeling regulations in the ten states that have legalized commercial marijuana. This comparison allows us to explore two sides of the same regulatory coin, showing examples of excessive and environmentally harmful regulations on one side, while highlighting regulations that should serve as exemplars for future legislation on the other. Also included are some of the industry practices and community …

Carryout In The Covid-19 Crisis: The Environmental Impact Of The Increased Reliance On Restaurant Carryout Materials During The World-Wide Covid-19 Pandemic, Sabrina Guice

Environmental Law Journal blog

While carryout enables restaurants to maintain a reduced stream of income amidst the COVID-19 crisis, the incidental adverse effects of carryout is unduly placed on the environment, particularly with regard to non-reusable food containers. The environmental impact of carryout during COVID-19 does not simply begin when the consumer purchases their food from a restaurant. Rather, the environmental impacts of carryout containers during COVID-19 is galvanized. The impact of carryout containers begins during production of the containers, distribution to restaurants, delivery to customers, and does not end until and unless the containers are properly disposed of and their use is maximized.

The Law Of Enhanced Weathering For Carbon Dioxide Removal, Romany M. Webb

Sabin Center for Climate Change Law

Despite scientists’ dire warnings about the catastrophic impacts of climate change, the greenhouse gases that cause it continue to be emitted in substantial amounts. While there is no question that deep, across the board cuts in greenhouse gas emissions are essential, many scientists now agree that simply cutting future emissions will not be enough. It will also be necessary to remove previously-emitted greenhouse gases from the atmosphere. This paper explores one greenhouse gas removal technique – enhanced weathering – which involves spreading finely ground silicate rocks or other materials with similar chemical composition over land or ocean waters. The materials …

An Exploration Of Zero Waste Policies And Recommendations For Missoula, Sarah Blyth Lundquist

Graduate Student Theses, Dissertations, & Professional Papers

“Zero Waste” is a concept and community goal that has arisen to challenge the current consumerist economic system and offer solutions for a number of environmental issues. In adopting this goal, individuals and communities pledge to reduce and divert at least 90% of their waste in a certain number of years. These goals can be reached by employing policies, programs, and other intervention tactics which establish Zero Waste infrastructure, ensure equitable and widespread access to Zero Waste services, and provide educational outreach and resources to the community. Missoula adopted a Zero Waste goal in 2016 and created a Zero Waste …

The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck

West Virginia Law Review

No abstract provided.

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO₂) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …

Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain

Law Faculty Publications

In this Response, I first engage with McLeod’s article, summarizing its key claims and endorsing its call for legislative action, while disagreeing at times with the analytical moves it makes along the way. I then turn to two questions that the article inspired. One stems from comments in the constitutional, academic, and public discourse calling for indifference to the way we treat the condemned in light of the way they treated their victims. Given the depravity of the crimes the condemned have committed, why should we care about the conditions under which they are housed on death row? The other …

Rural Waste Management: Challenges And Issues In Romania, Liviu Apostol, Florin C. Mihai

Florin C MIHAI

Rural areas of the new EU Member States face serious problems in compliance of EU regulation on waste management. Firstly, the share of rural population is higher and it has lower living standards and secondly, the waste collection services are poorly-developed covering some rural regions. In this context, open dumping is used as an appropriate waste disposal solution generating complex pollution. This paper analyzes the disparities between Romanian counties regarding the rural population access to waste collection services in 2008 which reflects the geographical distribution of rural dumpsites in 2009. It examines on one hand , the role of waste …

The Lurking Costs Of Green Technology Metals In A Global Market, Winfield J. Wilson

Sustainable Development Law & Policy

No abstract provided.

Carbon Reduction Projects And The Concept Of Additionality, Brian Joseph Mcfarland

Sustainable Development Law & Policy

No abstract provided.

Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Ginny Brannon, Colorado Department of Natural Resources

7 slides

Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull

Duke Environmental Law & Policy Forum

No abstract provided.

Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission

Best Practices for Community and Environmental Protection (October 14)

The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.

Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate

Articles by Maurer Faculty

Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …

Economics Of Electronic Waste Disposal Regulations, Heather L. Drayton

Hofstra Law Review

Options to prevent electronic waste from landfill disposal include recycling, reuse, and disposal bans. Governments around the world are taking several approaches to the problem of electronic waste disposal. This Note examines these systems and conducts an economic analysis of each method. The evaluation from an economic perspective focuses on United States policy and state implementation of electronic waste regulations. Part II explains the realities of the problems associated with electronic waste including export of electronic waste to less developed countries. Part III discusses United States federal policy and its existing regulatory scheme pertaining to electronic waste. Part IV analyzes …

Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino

Villanova Environmental Law Journal

No abstract provided.

You've Got Waste: The Exponentially Escalating Problem Of Hazardous E-Waste, Jennifer Kutz

Villanova Environmental Law Journal

No abstract provided.

Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior

Villanova Environmental Law Journal

No abstract provided.

Waste Management In Maine: The West Old Town Landfill, Melvin Burke, Pamela Bell

School of Economics Faculty Scholarship

Here in Maine, a stagnant economy, high unemployment, depleted forest resource and a shrinking manufacturing sector belie the motto “Maine, the way life should be”. Governor Baldacci, some legislators and a couple of giant corporations, however, have a sure-fire solution; develop a new growth industry for Maine from imported TRASH. They have determined that Maine can compete regionally by importing out-of-state waste, which nobody else wants, and landfilling it in large commercial dumps throughout the state. Here is the sad but true story of this despicable endeavor, which has been disguised and hidden from public view. After all, nobody wants …

The District Of Columbia Circuit's New Found Vigilance Over Costly Regulations Affecting The Petroleum Industry: United States Environmental Protection Agency V. The American Petroleum Institute, Stuart O'Neal

Villanova Environmental Law Journal

No abstract provided.

Houlton Citizens' Coalition V. Town Of Houlton: Is An Open And Competitive Bidding Process Really The Solution To National Waste Disposal Problems, Jason Barocas

Villanova Environmental Law Journal

No abstract provided.

The Flow Control Of Solid Waste And The Commerce Clause: Carbone And Its Progeny, John Turner

Villanova Environmental Law Journal

No abstract provided.

Congressional Bailout Of Flow Control: Saving The Burning Beast, Sidney M. Wolf

Villanova Environmental Law Journal

No abstract provided.

The Second Circuit Upholds Waste Management Systems In The Wake Of Carbone V. Clarkson: The Decisions In Usa Recycling, Inc. V. Town Of Babylon And Ssc Corp. V. Smithson, Colin A. Fieman

Fordham Urban Law Journal

This Article analyzes the Supreme Court's holding in Carbone and the issues left unresolved by the decision. It discusses how the Second Circuit addressed the constitutionality of the waste management systems at issues in Babylon and Smithtown in light of the Carbone decision and traditional commerce clause jurisprudence. Finally, it discusses the implications of the Second Circuit's decisions for other waste management systems. This Article concludes that although the Second Circuit has made considerable progress in clarifying the law in this area, it has left questions about the constitutionality of flow control unanswered.

The Environment Held In Trust For Future Generations Or The Dormant Commerce Clause Held Hostage To The Invisible Hand Of The Market, C.M.A. Mccauliff

Villanova Law Review

No abstract provided.

What May States Do About Out-Of-State Waste In Light Of Recent Supreme Court Decisions Applying The Dormant Commerce Clause? Kentucky As Case Study In The Waste Wars, Stanley E. Cox

Kentucky Law Journal

No abstract provided.

Taking Responsibility, Passing The Buck, And Cleaning Up The Mess: Making Municipal Liability Under Cercla Work, Charrise Marie Fraccascia

Case Western Reserve Law Review

No abstract provided.