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Articles 1 - 30 of 2597
Full-Text Articles in Energy and Utilities Law
Climate Zoning, Christopher Serkin
Climate Zoning, Christopher Serkin
Notre Dame Law Review
As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …
The Secret Lives Of Environmental Rights, Sonya Ziaja
The Secret Lives Of Environmental Rights, Sonya Ziaja
Pace Environmental Law Review
Do constitutional environmental rights change hearts and minds? How could they? This Essay describes three possible hypotheses of the relationships among constitutional environmental rights, meaning, and behavior: The Separate Domains Approach, The Constitutive Approach, and The Mutually Constitutive Approach. The theories underlying these hypotheses, and explored in this Essay, may provide some insight into constitutional environmental rights and how they may evolve throughout generations.
State Constitutions In The Woods, Quinn Yeargain
State Constitutions In The Woods, Quinn Yeargain
Pace Environmental Law Review
Before the adoption of environmental rights provisions beginning in the 1970s, most state constitutions did not contain provisions that protected the natural environment from degradation. Instead, to the contrary, many constitutions—especially in western states—contained policies that have long entrenched carbon-intensive infrastructures and have favored extractive industries. But starting in the early 1900s, a handful of states began amending their constitutions to incorporate environmental policy provisions. These additions helped preserve forested lands by giving state governments the power to respond to uncontrolled forest fires and adopt policies to prevent deforestation. Other amendments established fish and game commissions as constitutional entities, safeguarding …
Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson
Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson
Pace Environmental Law Review
While New York most recently added an environmental rights amendment to its constitution, Pennsylvania and Montana have had these amendments in their constitutions since the seventies. Hawaii, Rhode Island, Illinois, and Massachusetts have enacted weaker iterations of rights to a clean environment. Other states, like Maine, have faced challenges that blocked an amendment’s passage. This Article provides an initial analysis of the state environmental rights amendments currently in place, examining their origins, language, placement in the constitutions, and the major judicial decisions impacting their interpretation. It concludes by comparing the existing environmental rights amendments to the proposed amendment that failed …
Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana
Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana
Pace Environmental Law Review
The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous …
Green Amendments, Land Use, And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments, Land Use, And Transportation: What Could Go Wrong?, Michael Lewyn
Pace Environmental Law Review
As more states amend their constitutions to include a green amendment, the vague nature of these amendments leaves a concerning amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
The Value Of Constitutional Environmental Rights And Public Trusts, John C. Dernbach
The Value Of Constitutional Environmental Rights And Public Trusts, John C. Dernbach
Pace Environmental Law Review
As part of the modern environmental movement of the 1970s, five states (Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania) adopted constitutional amendments recognizing a right to a quality environment, a public trust for public natural resources, or both. Half a century later, there is a renewed interest in constitutional environmental rights, inspired in no small part by the failure of existing laws to adequately address the climate crisis. A sixth state (New York) recognized a constitutional right to a quality environment in 2021, and more than a dozen states are considering such amendments. Still, the great majority of environmental protection at …
130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox
130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox
Pace Environmental Law Review
In the 135 years of New York’s Forever Wild Amendment’s existence, it has been challenged by a range of court cases and thereby interpreted by courts throughout New York. The results of these cases frequently have upheld the heart of Forever Wild: to protect New York’s Forest Preserve land. This Article provides a history of the Forever Wild Amendment, an analysis of the courts’ and New York Attorney General’s interpretations of the Amendment, and a discussion of how this information can guide the future of New York’s Green Amendment.
Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies
Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies
Pace Environmental Law Review
Since New York became the latest state to pass an environmental rights amendment, there has been a great deal of analysis regarding how the judi- ciary will interpret the Green Amendment; however, state and local officials need not wait for the courts to enforce the Green Amendment. This Article explores the authority state and local officials have to carry out the purpose of the Green Amendment. Additionally, it discusses what the passage of the Green Amendment means in practice and how, and why, state officials such as the Attorney General should implement the Green Amendment.
Introduction, Marisa Barber
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Smart Grids As Regulators: A Critical Assessment, Jesse Valente
Smart Grids As Regulators: A Critical Assessment, Jesse Valente
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Crisis In The Oil And Gas Industry: Custody Of Orphan Wells, Katie Plas
Crisis In The Oil And Gas Industry: Custody Of Orphan Wells, Katie Plas
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Brazil’S Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations, Eduardo G. Pereira, Aaron Koenck, William A. Clavijo Vitto, Fernanda Delgado, João Victor Correia Lopes, Ana Carolina Marins De Carvalho
Brazil’S Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations, Eduardo G. Pereira, Aaron Koenck, William A. Clavijo Vitto, Fernanda Delgado, João Victor Correia Lopes, Ana Carolina Marins De Carvalho
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Fountains Of Living Waters: How Early Mormon Irrigation Innovated The Legal Landscape Of The West, Ellen (Melton) Carr
Fountains Of Living Waters: How Early Mormon Irrigation Innovated The Legal Landscape Of The West, Ellen (Melton) Carr
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Kelsey Lauerman
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note, Shade Streeter, Reagan Ferris
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Sparking A Revolution Or Blowing Smoke: Feasibility Of Undergrounding Transmission Lines In Response To Recent Wildfires And The Push Toward Resilient Renewable Energy, Zachary D. Berryman
Sparking A Revolution Or Blowing Smoke: Feasibility Of Undergrounding Transmission Lines In Response To Recent Wildfires And The Push Toward Resilient Renewable Energy, Zachary D. Berryman
LSU Journal of Energy Law and Resources
No abstract provided.
The Impact Of The Inflation Reduction Act On Energy Justice And Green Energy Development In Indian Country, John Beaty
The Impact Of The Inflation Reduction Act On Energy Justice And Green Energy Development In Indian Country, John Beaty
LSU Journal of Energy Law and Resources
In the past two decades, many American Indian Tribes have been experimenting with generating power from renewable sources on reservations. The growth of tribal green energy is a positive step towards energy justice, but current projects are hampered by insufficient funding, jurisdictional confusion, lack of needed infrastructure, and a baroque permitting process that leaves necessary projects languishing. The recent omnibus spending bill, the Inflation Reduction Act (IRA) was trumped by Congress as the largest investment into tribal green energy ever. This Article critically analyzes the impact of the IRA on tribal energy. While the IRA represents a necessary move towards …