Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, 2012 Hopkins-Nanjing Center
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), 2012 Washington & Lee School of Law
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), 2012 Washington & Lee School of Law
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, 2012 University of Cincinnati College
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
University of Richmond Law Review
The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …
Good For You, Bad For Us: The Financial Disincentive For Net Demand, 2012 Vanderbilt University Law School
Good For You, Bad For Us: The Financial Disincentive For Net Demand, Jim Rossi, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a primary goal for the modern energy regulatory system. Net electricity demand must decrease substantially from projected levels for the United States to achieve widely-endorsed carbon targets by 2050. Although social and behavioral research has identified cost-effective ways to reduce electricity demand, state-of-the-art programs to curtail demand have not been implemented on a widespread basis. We argue that electric distribution utilities are important gatekeepers that can determine …
Good For You, Bad For Us: The Financial Disincentive For Net Demand Reduction, 2012 Vanderbilt University Law School
Good For You, Bad For Us: The Financial Disincentive For Net Demand Reduction, Michael P. Vandenbergh, Jim Rossi
Vanderbilt Law School Faculty Publications
This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a primary goal for the modern energy regulatory system. Net electricity demand must decrease substantially from projected levels for the United States to achieve widely-endorsed carbon targets by 2050. Although social and behavioral research has identified cost-effective ways to reduce electricity demand, state-of-the-art programs to curtail demand have not been implemented on a widespread basis. We argue that electric distribution utilities are important gatekeepers that can determine …
Hydrofracking: Disturbances Both Geological And Political: Who Decides?, 2012 Elisabeth Haub School of Law at Pace University
Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, 2012 University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, 2012 Vanderbilt University Law School
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, Alexandra L. Pichette
Vanderbilt Journal of Entertainment & Technology Law
Every year, worldwide dependence on Internet and other information technology services grows. In many ways, the increased use of electric energy is positive for the environment; after all, using the Internet to access a document uses less energy than printing and distributing that document. Nonetheless, Internet companies expend a great deal of energy when they, for example, fire up their servers to satisfy a search request. Studies show that Internet companies are disproportionately large energy consumers, and are responsible for a growing number of carbon emissions. As a result, environmentalists are becoming concerned about the effects of these emissions on …
Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, 2012 Case Western Reserve University School of Law
Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska
Canada-United States Law Journal
No abstract provided.
Supply And Demand: Barriers To A New Energy Future, 2012 Vanderbilt University Law School
Supply And Demand: Barriers To A New Energy Future, Jim Rossi, Michael P. Vandenbergh, J. B. Ruhl
Vanderbilt Law School Faculty Publications
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much less attention during the 1990s. In the last decade, a new burst of activity has occurred, driven largely by the implications of energy production and use for climate change. In effect, this new scholarship is asking what efficiency means in a carbon-constrained world. Accounting for carbon has induced scholars to challenge the implicit assumption of the early scholarship that the price of energy …
Faculty, 2012 Louisiana State University Law Center
Global Public Goods, Governance Risk, And International Energy, 2012 University of Georgia School of Law
Global Public Goods, Governance Risk, And International Energy, Timothy L. Meyer
Scholarly Works
Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. In this symposium article, I argue that the emphasis on the potential of issue linkages to facilitate cooperation in these ways has caused commentators to underestimate how common features of international legal institutions designed to accomplish these aims can actually undermine those institutions’ ability to facilitate cooperation. I focus on two features of institutional design that are intended to encourage participation in public goods institutions but can create the risk …
Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism, 2012 The Catholic University of America, Columbus School of Law
Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism, David D. Leege
Catholic University Law Review
No abstract provided.
Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings, 2012 The Catholic University of America, Columbus School of Law
Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings, James M. Van Nostrand
Catholic University Law Review
No abstract provided.
Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures, 2012 University of Tulsa College of Law
Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures, Judith Royster
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, 2012 University of New Mexico-Main Campus
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
Energy Policy: Past Or Prologue?, 2012 Columbia Law School
Energy Policy: Past Or Prologue?, Michael J. Graetz
Faculty Scholarship
The United States was remarkably complacent about energy policy until the Arab oil embargo of 1973. Since then, we have relied on unnecessarily costly regulations and poorly designed subsidies to mandate or encourage particular forms of energy production and use. Our presidents have quested after an elusive technological “silver bullet.” Congress has elevated parochial interests and short-term political advantages over national needs. Despite the thousands of pages of energy legislation enacted over the past four decades, Congress has never demanded that Americans pay a price that reflects the full costs of the energy they consume. Given our nation’s economic fragility, …
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, 2012 Elisabeth Haub School of Law at Pace University
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, 2012 Pace Law School
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.