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2012

Energy and Utilities Law

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Using Building Codes To Rewrite The Tailoring Rule And Mitigate Climate Change, Albert Monroe Aug 2012

Using Building Codes To Rewrite The Tailoring Rule And Mitigate Climate Change, Albert Monroe

Albert Monroe

In 2007, Mass. v. EPA effectively forced the EPA to regulate emissions of carbon dioxide and other greenhouse gases. The plain language of the Clean Air Act gave the EPA an impossible mandate of regulating millions of buildings on a case-by-case basis. The EPA, through the Tailoring Rule, decided to regulate fewer sources. This paper shows that the EPA’s approach is legally suspect. Instead, the EPA should regulate more sources using general permits that avoid the impossibility of case-by-case regulation of millions of sources. The EPA can regulate buildings under the Clean Air Act by mandating stricter building codes for …


Renewable Energy: A Solution With Its Own Problems, Michael L. Elion Feb 2012

Renewable Energy: A Solution With Its Own Problems, Michael L. Elion

Michael L Elion

The United States faces crises of energy availability and environmental degradation caused by its dependence on fossil fuels for energy. Despite these realities, the United States’ antiquated infrastructure continues to carry energy generated predominantly by fossil fuel-burning and nuclear power plants to homes and businesses. The threats the U.S. electric system poses to the environment are grave, yet the U.S. energy industry has failed to take full advantage of new electrical engineering technologies that would upgrade the electrical system. Why, in this era of rapid climate change and rising electricity costs have policy-makers, energy-producers, and government regulators failed to implement …


The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen Jan 2012

The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen

Michael Blumm

After rejecting three federal biological opinions (BiOps) for favoring federal Columbia Basin hydroelectric operations over salmon protected by the Endangered Species Act (ESA), Judge James A. Redden has retired, passing oversight of the litigation to a new federal judge. This complex case, which concerns the accommodations the world’s largest hydropower system must give to the region’s signature natural resource, has now spanned nearly twenty years and five different BiOps. For his part, Judge Redden worked closely with the parties in an attempt to arrive at improvements in salmon survival. In this managerial role, he acted perhaps as the archetypical federal …