Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Environmental Law
Who Should Regulate? Federalism And Conflict In Regulation Of Green Buildings, Shari Shapiro
Who Should Regulate? Federalism And Conflict In Regulation Of Green Buildings, Shari Shapiro
William & Mary Environmental Law and Policy Review
No abstract provided.
No Reason To Wait: Reducing Greenhouse Gas Emissions Through The Clean Air Act, William Snape
No Reason To Wait: Reducing Greenhouse Gas Emissions Through The Clean Air Act, William Snape
Newsletters & Other Publications
In the United States, the legal and policy response to global warming has always lagged far behind the urgency of the problem as articulated by scientists and borne out in the real world. In the past five years, this mismatch has reached frightening proportions, with Arctic sea ice and glaciers rapidly retreating, rising and acidifying seas, stronger storms, more frequent and intense droughts and heat waves, looming species extinction and the climate related-deaths of 300,000 people each year. Leading scientists warn that atmospheric carbon dioxide levels have likely already exceeded safe levels and must therefore be reduced in the next …
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
San Diego Journal of Climate & Energy Law
As we move toward an almost certain comprehensive federal law to address climate change, increasing attention is being paid to what will happen to state and local climate change and climate change-related programs that have arisen in this country in the law few years. As the symposium demonstrated, California has a particular concern that federal law might block its environmental and climate change policies. ...
... In most areas, almost 40 years of environmental federalism has allowed states to regulate beyond the federal government for the protection of their citizens, and we can examine this history empirically in order to …
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Michigan Journal of Race and Law
Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …
An Overview Of This Issue: Climate Change In 2009, Perry Wallace
An Overview Of This Issue: Climate Change In 2009, Perry Wallace
Sustainable Development Law & Policy
No abstract provided.
Is The Endangered Species Act The Right Place To Set U.S. Climate Change Policy?, Chris Logan
Is The Endangered Species Act The Right Place To Set U.S. Climate Change Policy?, Chris Logan
Sustainable Development Law & Policy
No abstract provided.
Global Warming And The Problem Of Policy Innovation: Lessons From The Early Environmental Movement, Christopher H. Schroeder
Global Warming And The Problem Of Policy Innovation: Lessons From The Early Environmental Movement, Christopher H. Schroeder
Faculty Scholarship
When it comes to influencing government decisions, special interests have some built-in advantages over the general public interest. When the individual members of special interest groups have a good deal to gain or lose as a result of government action, special interests can organize more effectively, and generate benefits for elected officials, such as campaign contributions and other forms of political support. They will seek to use those advantages to influence government decisions favorable to them. The public choice theory of government decision making sometimes comes close to elevating this point into a universal law, suggesting that the general public …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA), the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act …
The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard
The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard
Faculty Scholarship
Under President Clinton the U.S. EPA took the position that it had the authority to regulate greenhouse gases (GHGs) from motor vehicles under the Clean Air Act as written, but the Clinton administration did not take affirmative steps to actually employ that authority. When President Bush took office, the General Counsel of EPA took the opposite position, stating that it would need special authorizing legislation in order to architect that regulation. A petition was filed with the EPA by the International Council for Technology Assessment and other organizations asking EPA to impose such regulations. EPA denied the petition. This led …
Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard
Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard
Faculty Scholarship
Numerous federal and state judicial decisions have established that environmental impact statements (EISs) under the National Environmental Policy Act (NEPA) and its state equivalents should examine the impact of proposed projects on emissions of greenhouse gases (GHG), the principal anthropogenic cause of climate change. Administrative agencies and court settlements are now establishing the guidelines for the conduct of these examinations.
Cap And Trade Programs Under The Clean Air Act: Lessons From The Clean Air Interstate Rule And The Nox Sip Call, Patricia Ross Mccubbin
Cap And Trade Programs Under The Clean Air Act: Lessons From The Clean Air Interstate Rule And The Nox Sip Call, Patricia Ross Mccubbin
Patricia Ross McCubbin
The Clean Air Interstate Rule (CAIR), adopted in 2005, was well recognized as the most important rule to improve air quality adopted by the Bush Administration. To alleviate high levels of smog and soot east of the Mississippi, the rule capped harmful emissions in 28 states, but allowed regulated facilities to participate in an emissions trading program. Such cap and trade programs have become a favored tool for EPA and many other parties because they allow industries to meet environmental goals cost-effectively. CAIR received widespread support from many quarters. States and environmental organizations viewed the rule as a good step …