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Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson 2015 SelectedWorks

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Julia Johnson

This article explores the reasons why previous attempts at biofuels legislation in the United States have not been successful and focuses upon market-level incentives that drive consumer willingness to purchase biofuels. For the U.S.’s biofuels policies to be more effective, the nation must better employ consumer-side factors and devise policies around promoting biofuels’ ability to compete with conventional fuels. Consumer-side factors include biofuels’ accessibility and pricing, as well as the ease and attractiveness of purchasing alternative energy-powered vehicles. The U.S.’s initiatives have also neither been aggressive enough, nor sufficiently comprehensive, to enable the U.S. to ...


Cts Corp. V. Waldburger, Lindsay M. Thane 2014 The University of Montana School of Law

Cts Corp. V. Waldburger, Lindsay M. Thane

Public Land and Resources Law Review

The Supreme Court determined that a North Carolina statute of repose barred plaintiffs from bringing suit against CTS Corporation for contamination that occurred on land CTS owned 24 years earlier. The Court found that CERCLA preempts state statutes of limitations in order to allow plaintiffs’ claims to accrue when the injury is caused by contamination that has a long latency period. However, the Court also decided that CERLCA does not preempt state statutes of repose because Congress did not specifically preempt them as they did with statutes of limitations, thus; enforcing statutes of repose was not found to frustrate the ...


How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani 2014 Pepperdine University

How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani

The Journal of Business, Entrepreneurship & the Law

This paper identifies bankruptcy as a forum in which entities that exceed their emissions limit might be able to avoid the accompanying allowance deduction. Specifically, an entity might be able to sell its assets free and clear of its allowance deduction liabilities through Section 363 to a new company comprised of the same actors. Part II contrasts which liabilities can be discharged through a Chapter 11 plan and which can be avoided through a free and clear sale under Section 363. Part III analyzes whether allowance deductions could be discharged through a Chapter 11 plan or avoided through a free ...


Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan 2014 University of Georgia School of Law

Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan

Georgia Journal of International & Comparative Law

No abstract provided.


The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke 2014 University of Georgia School of Law

The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke

Georgia Journal of International & Comparative Law

No abstract provided.


The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum 2014 University of Georgia School of Law

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


Alaska County Action On Toxics V. Aurora Energy Services, Llc, Lindsey M. West 2014 The University of Montana School of Law

Alaska County Action On Toxics V. Aurora Energy Services, Llc, Lindsey M. West

Public Land and Resources Law Review

On September 3, 2014, the Ninth Circuit Court of Appeals reversed and remanded a district court decision that exempted non-stormwater discharges of coal into Alaska’s Resurrection Bay from Clean Water Act liability. The Court of Appeals reasoned that defendants, Aurora Energy Services, LLC and Alaska Railroad Corp., were not shielded from liability under the Clean Water Act because National Pollutant Discharge Elimination System general permits unambiguously prohibit non-stormwater discharges of coal. The general permit lists eleven categories of authorized non-stormwater discharges, none of which include non-stormwater discharges of coal. Thus, the court concluded that the general permit plainly disallowed ...


Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi 2014 University of Georgia School of Law

Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins 2014 University of Georgia School of Law

Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Environmental Policy - Economic And Fiscal Instruments - Report Of The Working Group Of Experts From The Member States Proposes The Use Of Economic And Fiscal Instruments To Attain Community-Wide Environmental Goals, John B. Nicholson 2014 University of Georgia School of Law

European Economic Community - Environmental Policy - Economic And Fiscal Instruments - Report Of The Working Group Of Experts From The Member States Proposes The Use Of Economic And Fiscal Instruments To Attain Community-Wide Environmental Goals, John B. Nicholson

Georgia Journal of International & Comparative Law

No abstract provided.


Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt 2014 SelectedWorks

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Joel M Pratt

Because fracking regulators and industry need both legal clarity and the ability to react to new information, courts should apply principles of administrative deference to resolve conflicts between state and local fracking regulations.Under these principles, courts weigh expert agency decision making more heavily when the agency has acted reasonably. When faced with a conflict between state and local fracking laws, courts should adopt administrative principles and privilege expert agency regulations rather than engage in an independent judicial inquiry. Part I provides background on fracking and argues that states are in the best position to regulate the practice. Part II ...


European Economic Communities - Environmental Policy - Legal Basis And International Implications Of Council Regulation On The Supervision And Control Of Shipments Of Hazardous Waste, Kurt M. Rozelsky 2014 University of Georgia School of Law

European Economic Communities - Environmental Policy - Legal Basis And International Implications Of Council Regulation On The Supervision And Control Of Shipments Of Hazardous Waste, Kurt M. Rozelsky

Georgia Journal of International & Comparative Law

No abstract provided.


Environmental Health And Safety - International Standardization Of Right-To-Know Legislation In Response To Refusal Of United States Multinationals To Publish Toxic Emissions Data For Their United Kingdom Facilities, Melissa S. Padgett 2014 University of Georgia School of Law

Environmental Health And Safety - International Standardization Of Right-To-Know Legislation In Response To Refusal Of United States Multinationals To Publish Toxic Emissions Data For Their United Kingdom Facilities, Melissa S. Padgett

Georgia Journal of International & Comparative Law

No abstract provided.


Protocol On Environmental Protection To The Antarctic Treaty - The Antarctic Treaty - Antarctic Minerals Convention - Wellington Convention - Convention On The Regulation Of Antarctic Mineral Resource Activities, Rodney R. McColloch 2014 University of Georgia School of Law

Protocol On Environmental Protection To The Antarctic Treaty - The Antarctic Treaty - Antarctic Minerals Convention - Wellington Convention - Convention On The Regulation Of Antarctic Mineral Resource Activities, Rodney R. Mccolloch

Georgia Journal of International & Comparative Law

No abstract provided.


Global Warming - International Environmental Agreements - The 1992 United Nations Conference On The Environment And Development Most Likely Will Not Culminate In A Successfully Preventative Global Warming Treaty Without The United States' Support., Suzanne C. Massey 2014 University of Georgia School of Law

Global Warming - International Environmental Agreements - The 1992 United Nations Conference On The Environment And Development Most Likely Will Not Culminate In A Successfully Preventative Global Warming Treaty Without The United States' Support., Suzanne C. Massey

Georgia Journal of International & Comparative Law

No abstract provided.


Eco-Terrorist Acts During The Persian Gulf War: Is International Law Sufficient To Hold Iraq Liable?, Laura Edgerton 2014 University of Georgia School of Law

Eco-Terrorist Acts During The Persian Gulf War: Is International Law Sufficient To Hold Iraq Liable?, Laura Edgerton

Georgia Journal of International & Comparative Law

No abstract provided.


Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge 2014 University of Georgia School of Law

Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge

Georgia Journal of International & Comparative Law

No abstract provided.


Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas 2014 University of Georgia School of Law

Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas

Georgia Journal of International & Comparative Law

No abstract provided.


Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne 2014 University of Georgia School of Law

Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne

Georgia Journal of International & Comparative Law

No abstract provided.


Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein 2014 University of Georgia School of Law

Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein

Georgia Journal of International & Comparative Law

No abstract provided.


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