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Full-Text Articles in Environmental Law

Dynamic Federalism And Wind Farm Siting, Brendan Burke Sep 2014

Dynamic Federalism And Wind Farm Siting, Brendan Burke

Brendan Burke

An “all-of-the-above” energy policy has led to the emergence of wind power as an energy resource of choice. But despite their considerable environmental and economic advantages, wind energy systems do have drawbacks. Among these, the mechanical and electromagnetic properties of wind turbines encroach on U.S. Department of Defense (“DoD”) military installations and activities. These encroachment concerns, including interference with air traffic control and other radar systems, create tension between national security and the development of renewable energy sources. Because utility siting decisions are made at the state and local level, the federal government’s ability to guard against encroachment by wind …


Carbon Capture And The Information Quality Act, Brendan Burke Dec 2013

Carbon Capture And The Information Quality Act, Brendan Burke

Brendan Burke

In January 2014, the U.S. Environmental Protection Agency (EPA) issued a proposed new source performance standard (NSPS) under the Clean Air Act for carbon dioxide (CO2) emissions from new or modified electric utility plants that will effectively require implementation of a process known as carbon capture and sequestration (CCS). The new rule would limit CO2, a previously unregulated greenhouse gas emission, from such generation facilities to a rate of 1,100 pounds per megawatt-hour. Energy producers, especially those employing coal-fired plants, are strongly opposed to these limits. In February 2014, the Center for Regulatory Effectiveness sent a letter to the EPA …