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Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh 2014 SelectedWorks

Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh

Kevin M Walsh

The renewable energy field is currently stifled because many renewable energy developments require tax equity investors to provide additional funds to get the project off the ground and running. The Code provides tax credits to incentivize investors to invest. Currently, the Investment Tax Credit (“ITC”) is the only available credit left for renewable projects placed in service from 2014 on. Tax credits are a step in the right direction to encourage renewable investment; however, the credits are limited in application mostly to large financial institutions. Moreover, investments into one specific renewable energy project can be risky because there is no ...


Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup 2014 NELLCO

Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup

New York University Law and Economics Working Papers

We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...


Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup 2014 NELLCO

Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup

New York University Public Law and Legal Theory Working Papers

We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...


Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power 2014 University of Maryland Francis King Carey School of Law

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property ...


Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes 2014 SelectedWorks

Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes

Levi L Wilkes

No abstract provided.


When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs 2014 University of Maryland Francis King Carey School of Law

When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs

Endnotes

No abstract provided.


Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach 2014 College of William & Mary Law School

Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach

William & Mary Environmental Law and Policy Review

No abstract provided.


Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle 2014 University of Maryland Francis King Carey School of Law

Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle

Endnotes

No abstract provided.


Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby 2014 College of William & Mary Law School

Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby

William & Mary Environmental Law and Policy Review

No abstract provided.


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein 2014 Pepperdine University

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Pepperdine Law Review

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and ...


Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding 2014 SelectedWorks

Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding

Dillon A Redding

This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...


A Federal Safety Plug With A Few Leaks: Bureau Of Land Management's Proposed Rule On Hydraulic Fracturing And Its Effect On States And Tribes, Thea A. Graybill 2014 SelectedWorks

A Federal Safety Plug With A Few Leaks: Bureau Of Land Management's Proposed Rule On Hydraulic Fracturing And Its Effect On States And Tribes, Thea A. Graybill

Thea A Graybill

Natural gas is a significant energy source, but if extracted improperly, has the potential to cause serious harm to public health and the environment. Currently, states regulate hydraulic fracturing, and each state has its own regulatory standards. Consequently, states control the hydraulic fracturing industry in a piecemeal fashion. In some instances, state governance of hydraulic fracturing has led to disastrous results. For example, numerous people have complained that the drilling of natural gas polluted private water wells in Pennsylvania, Ohio, West Virginia, and Texas. To avoid these types of incidents in the future, the federal government should regulate hydraulic fracturing ...


An American Icon In Limbo: How Clarifying The Standing Doctrine Could Free Wild Horses And Empower Advocates, Nadia Aksentijevich 2014 Boston College Law School

An American Icon In Limbo: How Clarifying The Standing Doctrine Could Free Wild Horses And Empower Advocates, Nadia Aksentijevich

Boston College Environmental Affairs Law Review

The American wild horse has long been considered a cultural icon and an integral part of the ecosystem. In recognition of the need for wild horse protection, Congress enacted the Wild Free-Roaming Horses and Burros Act in 1971. Although the Act instructs Congress to manage the wild horse population by removing “excess” wild horses from public lands, it does not explicitly provide for the use of short- or long-term holding facilities as a means for removal. In considering the legality of the use of holding facilities in the service of wild horse removal programs that the plaintiffs deplore, two district ...


Will Arkansas Game & Fish Commission V. United States Provide A Permanent Fix For Temporary Takings?, Brian T. Hodges 2014 Boston College Law School

Will Arkansas Game & Fish Commission V. United States Provide A Permanent Fix For Temporary Takings?, Brian T. Hodges

Boston College Environmental Affairs Law Review

The U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States recognized that any government action that interferes with the enjoyment and use of private property—whether permanent or temporary in duration—can give rise to a claim under the Takings Clause of the Fifth Amendment. Yet dicta in the decision left many pondering whether significantly different tests will apply depending on the duration of the government invasion. This Article reviews the state of the law regarding temporary physical takings both before and after Arkansas Game & Fish with particular regard to the test applicable to physical ...


Carbon Outlasts The Law: States Walk The Constitutional Line, Steven Ferrey 2014 Boston College Law School

Carbon Outlasts The Law: States Walk The Constitutional Line, Steven Ferrey

Boston College Environmental Affairs Law Review

State carbon policies to control climate warming and our energy future are under legal attack. A successful barrage of litigation now invokes the dormant Commerce Clause and the Federal Power Act as interpreted through the Filed Rate Doctrine, as well as the Supremacy Clause of the U.S. Constitution, to challenge the legal validity and sustainability of these state carbon-based laws. California and other states have survived these legal challenges sparingly, and then often only by prevailing with procedural defenses that dismiss the case before a decision on the legal merits of their state energy regulation. This Article examines and ...


Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh 2014 The University of Montana School of Law

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land and Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.


Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova 2014 SelectedWorks

Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova

Zdravka Tzankova

Growing in presence and visibility, eco-labels and other forms of green certification are the more obvious signs of a broader social and policy phenomenon: the rise of private regulation and nonstate, market-based governance of environmental and resource practices. The growth of private regulatory initiatives, especially initiatives led by NGOs and other civil society actors, is increasingly accompanied by concerns over their potential to detract from public, government regulation.

This paper seeks to generate insights on the nature and consequences of interaction between more traditional forms of public, government regulation and the growing realm of market-based regulation by nonstate actors. It ...


Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell 2014 The University of Montana School of Law

Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell

Public Land and Resources Law Review

In Pyramid Lake Paiute Tribe of Indians v. Nevada, Dept. of Wildlife, the Court of Appeals for the Ninth Circuit upheld a Nevada federal district court decision to vacate the Nevada state engineer’s approval of the transfer of three water applications. While the appeals court recognized the state’s re-watering of wetlands as a “salutary” purpose, it could not allow the engineer’s decision to go forward because it did not meet the legal definition of “irrigation.” The Court made the decision pursuant to two federal court decrees, which resulted from prior actions by the United States to quiet ...


Table Of Contents, 2014 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael 2014 Washington and Lee University School of Law

Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael

Washington and Lee Journal of Energy, Climate, and the Environment

This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.


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