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Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt 2017 University of Missouri School of Law

Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt

The Business, Entrepreneurship & Tax Law Review

This article examines the Treasury’s 2017 proposals refining Section 170(h). This article assesses the likely effects of the Treasury’s proposals by discussing their impact in four key ways: (1) the new requirements placed on “qualified organizations” who receive conservation easement contributions; (2) donors’ increased substantiation requirements; (3) the exclusion of golf courses from Section 170(h) eligibility; and (4) the pilot conservation easement tax credit program. For each of these, this article will: examine the category’s current Section 170(h) regulatory treatment, if any, outline what the new proposals require, and then walk through the likely ...


Clean Energy Tax Credits: Creating An Energy Welfare State Or Saving The Planet, K. Alex Langley 2017 University of Missouri School of Law

Clean Energy Tax Credits: Creating An Energy Welfare State Or Saving The Planet, K. Alex Langley

The Business, Entrepreneurship & Tax Law Review

This article addresses possible tax incentives that may be available in addition to or as an alternative to current tax credits. First, it will provide an overview of America’s ever-evolving energy policy. This section explains why the country’s energy policies resemble a rollercoaster. Second, this article offers a brief history of tax credits, specifically clean energy tax credits and fossil fuel tax credits. Part three describes Master Limited Partnerships (“MLPs”) and Real Estate Investment Trusts (“REITs”), two tax-flavored entity choices used by the oil and gas industry to improve their bottom line. Specifically, part three explores the tax ...


The Net Economic Impacts Of California’S Major Climate Programs In The Inland Empire, Betony Jones, Ethan Elkind, Kevin Duncan, Marilee Hanson 2017 UC Berkeley

The Net Economic Impacts Of California’S Major Climate Programs In The Inland Empire, Betony Jones, Ethan Elkind, Kevin Duncan, Marilee Hanson

Center for Law, Energy & the Environment Publications

This analysis presents costs and benefits to the Inland Empire economy—including job gain and loss—of cap and trade, the RPS, distributed solar programs, and energy efficiency programs overseen by the CPUC. We used publicly available data to determine the costs and benefits of these programs between 2010–16, and then modeled the regional economic impacts using IMPLAN. after accounting for the full costs of these programs to industry, the region received $9.1 billion more than was spent, and saw 41,000 more jobs gained than were lost. When accounting for the ripple effects of this influx of ...


Putting The Public On Trial: Can Citizen Science Data Be Used In Litigation And Regulation?, Annie E. Brett 2017 Villanova University Charles Widger School of Law

Putting The Public On Trial: Can Citizen Science Data Be Used In Litigation And Regulation?, Annie E. Brett

Villanova Environmental Law Journal

No abstract provided.


Order Restored? Federal Agencies "Accountable" For Nepa, Esa Violations But Project To Proceed: Examining Pub. Emps. For Envtl. Responsibility V. Hopper, Nicole. S. Haiem 2017 Villanova University Charles Widger School of Law

Order Restored? Federal Agencies "Accountable" For Nepa, Esa Violations But Project To Proceed: Examining Pub. Emps. For Envtl. Responsibility V. Hopper, Nicole. S. Haiem

Villanova Environmental Law Journal

No abstract provided.


Delta Constr. Co., Inc. V. Epa: Putting The Brakes On Challenges To Unfair Agency Regulation Of Greenhouse Gas Emissions And Fuel Economy In Light-Duty And Heavy-Duty Vehicles, Sabrina A. Peterman 2017 Villanova University Charles Widger School of Law

Delta Constr. Co., Inc. V. Epa: Putting The Brakes On Challenges To Unfair Agency Regulation Of Greenhouse Gas Emissions And Fuel Economy In Light-Duty And Heavy-Duty Vehicles, Sabrina A. Peterman

Villanova Environmental Law Journal

No abstract provided.


Ohio Valley Envtl. Coal, Inc. V. United States Army Corps Of Engineers: Fine Tuning The Scope Of The Corps' Jurisdiction, Mitchell J. Ream 2017 Villanova University Charles Widger School of Law

Ohio Valley Envtl. Coal, Inc. V. United States Army Corps Of Engineers: Fine Tuning The Scope Of The Corps' Jurisdiction, Mitchell J. Ream

Villanova Environmental Law Journal

No abstract provided.


Hazardous Substance Emitters In Pakootas V. Teck Cominco Metals, Ltd. Are On Cloud Nine: Ninth Circuit Determines That Airborne Emissions Are Not Within The Purview Of Cercla Liability, Holly J. Sofield 2017 Villanova University Charles Widger School of Law

Hazardous Substance Emitters In Pakootas V. Teck Cominco Metals, Ltd. Are On Cloud Nine: Ninth Circuit Determines That Airborne Emissions Are Not Within The Purview Of Cercla Liability, Holly J. Sofield

Villanova Environmental Law Journal

No abstract provided.


Zone Defense: How Zoning Laws Won In Tri-County Landfill, Inc. V. Commonwealth, Christyan A. Telech 2017 Villanova University Charles Widger School of Law

Zone Defense: How Zoning Laws Won In Tri-County Landfill, Inc. V. Commonwealth, Christyan A. Telech

Villanova Environmental Law Journal

No abstract provided.


United States V. Citgo Petroleum Corp.: The Fifth Circuit "Takes" Oil Refinery Off The Hook For Unintentional Migratory Bird Deaths, Christopher C. Wilcoxson 2017 Villanova University Charles Widger School of Law

United States V. Citgo Petroleum Corp.: The Fifth Circuit "Takes" Oil Refinery Off The Hook For Unintentional Migratory Bird Deaths, Christopher C. Wilcoxson

Villanova Environmental Law Journal

No abstract provided.


Programa "Sello Comercio Responsable" Derecho Ambiental En La Empresa, Luis Gabriel Escobar Blanco 2017 Universidad Nacional de Cuyo UNCuyo - CE Prospectiva - Argentina

Programa "Sello Comercio Responsable" Derecho Ambiental En La Empresa, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

El Estado en soledad no puede generar -a tiempo y con la profundidad suficiente- el cambio necesario para enfrentar los problemas ambientales. La empresa tiene un rol fundamental en este desafío y se deben coordinar y complementar las herramientas que hasta el presente se han usado en forma anárquica, proveyendo de un formato jurídico que institucionalice las herramientas y provea de sustento legal a las soluciones

The government in solitude can not generate in just time and depth the change needed to address environmental problems. The entrepeneurs have a fundamental role in this challenge. The companies must coordinate and complement ...


The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky 2017 University of Minnesota

The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky

Hari Osofsky

Since its inception, the Clean Air Act ("CAA") has served as an experiment in environmental governance models. As importantly, the CAA has had to be flexible in responding to our evolving understandings of environmental problems. Whether through amendments or new regulatory regimes under existing provisions, the statute has served as a key mechanism in the U.S. federal government's efforts to respond to complex environmental challenges. This Article focuses on the CAA's efforts to grapple with complexities of regulatory scale as an illustration of the new directions in environmental law that are the focus of this symposium. Air ...


The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky 2017 University of Minnesota

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky

Hari Osofsky

This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.


Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky 2017 Selected Works

Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky

Hari Osofsky

No abstract provided.


Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky 2017 Washington and Lee University School of Law

Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky

Hari Osofsky

This Essay analyzes local climate regulation in San Bernardino County as a window into the complexities of defining a local scale in an interconnected world. In so doing, it aims to contribute to the Symposium's broader dialogue about "Territory Without Boundaries" and the Panel's more specific discussion of "Urban Territory in a Global World." As a purely territorial matter, U.S. cities and counties differ substantially in their sizes, the quantity and physical characteristics of their land, the size and density of their populations, and the needs of their citizens. Structurally, these localities remain administrative subunits of states ...


Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman 2017 Selected Works

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Hari Osofsky

No abstract provided.


Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky 2017 University of Minnesota Law School

Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky

Hari Osofsky

During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it ...


Statement Of Amanda C. Leiter At The U.S. House Committee On Natural Resources, Subcommittee On Oversight And Investigations Hearing On: Examining Impacts Of Federal Natural Resources Laws Gone Astray, Part Ii, Amanda Leiter 2017 American University Washington College of Law

Statement Of Amanda C. Leiter At The U.S. House Committee On Natural Resources, Subcommittee On Oversight And Investigations Hearing On: Examining Impacts Of Federal Natural Resources Laws Gone Astray, Part Ii, Amanda Leiter

Congressional and Other Testimony

More information available: http://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=106263


Statement Of Amanda C. Leiter At The U.S. House Committee On Natural Resources, Subcommittee On Oversight And Investigations Hearing On: Examining Impacts Of Federal Natural Resources Laws Gone Astray, Part Ii, Amanda Leiter 2017 American University Washington College of Law

Statement Of Amanda C. Leiter At The U.S. House Committee On Natural Resources, Subcommittee On Oversight And Investigations Hearing On: Examining Impacts Of Federal Natural Resources Laws Gone Astray, Part Ii, Amanda Leiter

Amanda Leiter


Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah bin Hamad 2017 Elisabeth Haub School of Law at Pace University

Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad

Dissertations & Theses

Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. Islam offers a holistic view of God’s creation and the Qur’an clearly sets forth duties to care for the Earth. In the past, most people have ignored the world-wide trends of environmental degradation which scientist have reported. There is a pressing need to expand education and public awareness ...


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