Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Gas (2)
- Oil (2)
- Biodiversity (1)
- Bioenergy (1)
- Biomass (1)
-
- Brazil (1)
- Cap and trade (1)
- Carbon tax (1)
- China (1)
- Climate change (1)
- Convention on biological diversity (1)
- Eastern Caribbean (1)
- Emissions (1)
- Energy investment (1)
- Energy resources (1)
- Florida (1)
- Fracking (1)
- Gas drilling (1)
- Greenhouse gases (1)
- Guarani acquifer (1)
- Hydrofracking (1)
- Hydrokinetic energy (1)
- Industrial revolution (1)
- Marcellus shale (1)
- Microbial pest control (1)
- Missouri (1)
- Natural gas (1)
- Offshore (1)
- Offshore oil and gas exploration (1)
- Pakistan (1)
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Natural Resources Law
Response To New York’S Proposed Solar Renewable Energy Market: Lessons Learned From Other States’ Srec Markets And Recommendations In Moving Forward, Joe Naroditsky
Pace Environmental Law Review
Response to comment by Jesse Glickstein.
New York’S Proposed Solar Renewable Energy Market: Lessons Learned From Other States’ Srec Markets And Recommendations In Moving Forward, Jesse Glickstein
New York’S Proposed Solar Renewable Energy Market: Lessons Learned From Other States’ Srec Markets And Recommendations In Moving Forward, Jesse Glickstein
Pace Environmental Law Review
This paper presents analysis of eight states that currently have operating solar renewable energy credit markets as part of their state’s renewable portfolio system, in order to make recommendations as to how the New York legislature should amend the pending legislation based on lessons learned from those other states. In Part II, the different SREC markets that have been implemented in different states throughout the United States are examined. In Part III, the different issues that varying SREC markets have encountered will be discussed, and several possible explanations as to the causes of these issues are presented. In Part IV, …
The Chinese Legal Tradition As A Cultural Constraint On The Westernization Of Chinese Environmental Law And Policy: Toward A Chinese Environmental Law And Policy Regime With More Chinese Characteristics, Paul A. Barresi
Pace Environmental Law Review
This Article argues that the Chinese legal tradition is essentially a Confucian legal tradition, and that its Confucian attributes significantly constrain the effectiveness of the Western-style environmental laws enacted by the PRC in recent decades. Part I explores the emergence of a Confucian legal tradition in China and its impact on Chinese legal culture before the founding of the PRC. Part II highlights some of the impacts of this tradition on the Chinese legal system during the same period. Part III makes a case for the endurance of the Confucian essence of this legal tradition in the PRC itself, and …
A Mindful Environmental Jurisprudence?: Speculations On The Application Of Gandhi’S Thought To Mcwc V. Nestlé, Nehal A. Patel, Lauren Vella
A Mindful Environmental Jurisprudence?: Speculations On The Application Of Gandhi’S Thought To Mcwc V. Nestlé, Nehal A. Patel, Lauren Vella
Pace Environmental Law Review
We attempt to engage modern legal reasoning with Gandhi’s thought. We hope to speculate on what jurisprudence would look like if it were more mindful of the concepts central to Gandhi’s thought. By using Gandhi as an intellectual anchor, we hope to take a step toward creating a more “mindful jurisprudence” that implicitly incorporates into its reasoning the needs of environmental stewardship, disempowered populations, and the poverty-stricken. Because Gandhi’s thought has been discussed at length in environmental justice campaigns, we begin this effort by examining the relationship between environmental law and Gandhi’s thought. Given Gandhi’s commentaries on exploitative and oppressive …
The Liberal Limits Of Environmental Law: A Green Legal Critique, Michael M'Gonigle, Louise Takeda
The Liberal Limits Of Environmental Law: A Green Legal Critique, Michael M'Gonigle, Louise Takeda
Pace Environmental Law Review
The field of environmental law embodies a deep contradiction—it is a product of the state, yet the state is the primary agent of development. This contradiction infuses state-supported resource regimes (energy, forestry, agriculture, water use) that have long been agents of environmental erosion while they have remained resistant to progressive reform. It also underpins the theoretical framework for proposed reforms today, ecological modernization. The result is that environmental law extends, rather than resolves, society’s underlying environmental “problematic.” This can now be seen in institutional responses to climate change and the “green economy.” To address this situation, the authors apply a …
Only One Mekong: Developing Transboundary Eia Procedures Of Mekong River Basin, Jian Ke, Qi Gao
Only One Mekong: Developing Transboundary Eia Procedures Of Mekong River Basin, Jian Ke, Qi Gao
Pace Environmental Law Review
China shares borders with fourteen countries and has many international rivers. In most cases, China is an upstream state. Over the past years, increasing international disputes concerning international rivers have occurred between China and other riparian states, such as China’s dam construction on the upper Mekong River and the Songhua River pollution accident. In particular, with the ongoing dam construction on the upstream of Mekong in China, its potential environmental impact on the other Mekong countries is highly profiled. At the time of writing, five dams are already completed and two are in the final stage of construction or getting …
Problems For Pale Male: An Analysis Of The U.S. Fish And Wildlife Service’S Nest Destruction Policy, Brent Plater, Nicole Lopez-Hagan, Laura Horton
Problems For Pale Male: An Analysis Of The U.S. Fish And Wildlife Service’S Nest Destruction Policy, Brent Plater, Nicole Lopez-Hagan, Laura Horton
Pace Environmental Law Review
During the 2004 holiday season, Pale Male, New York City’s celebrated and world-renowned red-tailed hawk, had his nest deliberately destroyed. The nest was approximately 400-pounds and was built over several years. Almost immediately, this act of destruction was met with popular uproar among his many fans throughout the world. This tragic story could easily have been avoided if the United States Fish and Wildlife Service (Service) had correctly carried out its duties under the Migratory Bird Treaty Act (MBTA). What happened to Pale Male years ago is still a possibility today because the Service’s policy remains the same. This article …
The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres
The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres
Pace Environmental Law Review
Law as a discipline thus must seek greater prominence in the raging debates on the efficacy of modeling as a bioenergy policy driver. To ultimately determine law’s proper role, Part II of my article first assesses the universe of key economic and lifecycle models used in current bioenergy policy initiatives, as well as the models deployed in general environmental decision-making that could affect the siting and operation of biomass cropping and bioenergy facilities. Part III then dissects these models to uncover the multiple ways in which law can improve models both structurally and procedurally to achieve greater accuracy. The conclusion …
International Deployment Of Microbial Pest Control Agents: Falling Between The Cracks Of The Convention On Biological Diversity And The Cartagena Biosafety Protocol?, Guy R. Knudsen
Pace Environmental Law Review
This paper considers one tangled web of conflicting developments. It involves the popular desire to replace chemical pesticides with more “natural” biological control strategies, plus a slowly emerging awareness of a less benign side to microbial pest control agents, based on their potential invasiveness and sometimes striking similarities to agents of bioterrorism and biological warfare. This desire, however, is overshadowed by concerns about the environmental release of genetically engineered organisms. I argue that as some of the concerns about ecological diversity, as captured by the Convention on Biodiversity, were channeled into the subsequent Cartagena Protocol on Biosafety to the Convention …
Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk
Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk
Pace Environmental Law Review
Part I of this paper reviews the current opinion surrounding carbon tax proposals as they appear in the literature. Part II will provide an overview of the current cap-and-trade proposals. Part III will introduce a carbon tax with reinvestment. Part IV of this article reviews the leading proposals arguing that a carbon tax is superior to cap-and-trade. And finally, for Part V explains why a carbon tax with reinvestment trumps cap-and-trade.
Environmental Law Confronts The New Industrial Revolution, Leslie Carothers
Environmental Law Confronts The New Industrial Revolution, Leslie Carothers
Pace Environmental Law Review
This issue of the Pace Environmental Law Review presents a set of articles to shed new light on those questions in the case of the products of nanotechnology. For comparison, the issue also includes an article on the regulation of genetically modified organisms in agriculture in the United States and Brazil, an early effort to govern the risks of a major new technology.
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
Pace Environmental Law Review Online Companion
No abstract provided.
Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater, David N. Cassuto
Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This Article begins with an overview of the ecology of the Guarani Aquifer region before turning to the legal and ecological problems it faces. Because the majority of the Guarani Aquifer underlies Brazil (with the rest residing below Argentina, Paraguay, and Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently, the Brazilian legal regime forms the focus of the first Part of the Article. The Article then analyzes the international transboundary framework before turning to the recently enacted Agreement on the Guarani Aquifer. This Agreement, signed but not yet ratified by four countries, represents a major …
Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon
Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking—risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and fit …
Challenges To China's Natural Resources Conservation And Biodiversity Legislation, Jason J. Czarnezki
Challenges To China's Natural Resources Conservation And Biodiversity Legislation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Despite China's legislative attempts to conserve its natural resources and in turn protect biodiversity, Chinese law in many aspects remains ineffective in pursuit of these goals due to struggles with implementation, enforcement, and insufficient public participation, as well as legislative prioritization of economic values over ecological ones. This Article provides an overview of biodiversity and conservation legislation in China, and suggests that China can improve this legislation by increasing the public's role in conservation efforts, increasing liability and enforcement mechanisms, and improving administrative coordination.
Missouri Oil And Gas Update, Nadia B. Ahmad
Missouri Oil And Gas Update, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
The State of Missouri has untapped potential for the development of oil and natural gas resources. While the Missouri courts were quiet this past year on interpreting oil and gas rules and regulations, the legislature was active in amending laws governing storage tanks. The state has experienced a tremendous upsurge in oil and gas production in the past two fiscal years. Missouri is poised to ramp up its conventional oil and gas production in the coming years, so increased legislative actions and court activity will likely occur in the near future. Missouri's energy resources include coal bed methane, oil sand, …
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …
Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon
Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Sea level rise requires a new paradigm for controlling the development of coastal lands that are in harm’s way, calling for adjustments in the law, legal practice, and legal education. This article discusses the historical tendency of the law to adjust to changes in society and the recent emergence of new legal institutions and strategies for mitigating and adapting to climate change, particularly sea level rise. It illustrates how the lack of certainty about the extent and pace of sea level rise collides with the total takings doctrine of the Lucas case to frustrate the application of traditional land use …
"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …