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- Air Quality Protection in the West (November 27-28) (3)
- Villanova Environmental Law Journal (3)
- All Faculty Scholarship (2)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Faculty Scholarship (2)
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- Michigan Journal of Environmental & Administrative Law (2)
- Michigan Law Review (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- The Promise and Peril of Oil Shale Development (February 5) (2)
- Air Quality Impacts from Oil and Gas Development (January 27) (1)
- Energy Field Tour 2003 (August 11-16) (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (1)
- Public Land & Resources Law Review (1)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (1)
- Washington Law Review (1)
- Washington and Lee Law Review (1)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (1)
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Law
Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams
Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams
Washington Law Review
Wildfires are increasing in both frequency and severity due to climate change. Smoke from these fires causes serious health problems. Land managers agree that prescribed burns help mitigate these negative consequences. Prescribed burns are lower-intensity fires that are intentionally ignited and managed for an ecological benefit. They reduce the amount of smoke produced and limit wildfire damage to natural systems and human property.
The Clean Air Act (CAA) is designed to regulate air pollution to protect public health, yet it exempts wildfire smoke through the exceptional events designation while imposing strict regulations on prescribed burns. Congress and the Environmental Protection …
Whither The Regulatory "War On Coal"? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters
Whither The Regulatory "War On Coal"? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters
Faculty Scholarship
Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped by nearly half between 2008 and 2016. The coal industry and its political supporters, including the president of the United States, have argued that a suite of air pollution regulations imposed by the U.S. Environmental Protection Agency during the Obama administration seriously undermined coal companies’ …
Whither The Regulatory “War On Coal”? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters
Whither The Regulatory “War On Coal”? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters
All Faculty Scholarship
Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped by nearly half between 2008 and 2016. The coal industry and its political supporters, including the president of the United States, have argued that a suite of air pollution regulations imposed by the U.S. Environmental Protection Agency during the Obama administration seriously undermined coal companies’ …
Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein
Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein
Public Land & Resources Law Review
In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.
Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes
Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes
Faculty Scholarship
Under President Barack Obama the U.S. Environmental Protection Agency has promulgated a series of greenhouse gas emissions regulations, initiating the necessary national response to climate change. However, the United States will need to find other ways to reduce GHG emissions if it is to live up to its international emissions reduction pledges, and to ultimately lead the way to a zero-carbon energy future. This paper argues that the success of the recent climate negotiations in Paris provides a strong basis for invoking a powerful tool available to help achieve the country’s climate change goals: Section 115 of the Clean Air …
Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber
Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber
Michigan Journal of Environmental & Administrative Law
Interstate air pollution can prevent even the most diligent downwind state from attaining the air quality levels required by federal law. Allocating responsibility for emissions cuts when multiple upwind states contribute to downwind air quality violations presents a particularly difficult problem. Justice Ginsburg’s opinion for the Court in EPA v. EME Homer City Generator, L.P., gives EPA broad discretion to craft regulatory solutions for this problem. Although the specific statutory provision at issue was deceptively simple, the underlying problem was especially complex because of the large number of states involved. Indeed, neither the majority opinion nor the dissent seems to …
Instrument Choice, Carbon Emissions, And Information, Michael Wara
Instrument Choice, Carbon Emissions, And Information, Michael Wara
Michigan Journal of Environmental & Administrative Law
This Article examines the consequences of a previously unrecognized difference between pollutant cap-and-trade schemes and pollution taxes. Implementation of cap-and-trade relies on a forecast of future emissions, while implementation of a pollution tax does not. Realistic policy designs using either regulatory instrument almost always involve a phase-in over time to avoid economic disruption. Cap-and-trade accomplishes this phase-in via a limit on emissions that falls gradually below the forecast of future pollutant emissions. Emissions taxation accomplishes the same via a gradually increasing levy on pollution. Because of the administrative complexity of establishing an emissions trading market, cap-and-trade programs typically require between …
Endogenous Decentralization In Federal Environmental Policies, Howard F. Chang, Hilary Sigman, Leah G. Traub
Endogenous Decentralization In Federal Environmental Policies, Howard F. Chang, Hilary Sigman, Leah G. Traub
All Faculty Scholarship
Under most federal environmental laws and some health and safety laws, states may apply for “primacy,” that is, authority to implement and enforce federal law, through a process known as “authorization.” Some observers fear that states use authorization to adopt more lax policies in a regulatory “race to the bottom.” This paper presents a simple model of the interaction between the federal and state governments in such a scheme of partial decentralization. Our model suggests that the authorization option may not only increase social welfare but also allow more stringent environmental regulations than would otherwise be feasible. Our model also …
Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Air Quality Impacts from Oil and Gas Development (January 27)
Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.
Slides: The Peril Of Energy Usage, Mike Tupper
Slides: The Peril Of Energy Usage, Mike Tupper
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.
9 slides
Slides: The Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham
Slides: The Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Dr. Alan K. Burnham, Chief Technology Officer, American Shale Oil, LLC
10 slides
Slides: Energy Production And The West's Wild Places, Amy Mall
Slides: Energy Production And The West's Wild Places, Amy Mall
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council
28 slides
Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson
Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Jonathan Thompson, Editor, High Country News
23 slides
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"John Nagle, Univ. of Notre Dame Law School" -- Agenda
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Villanova Environmental Law Journal
No abstract provided.
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Washington and Lee Law Review
No abstract provided.
Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center
Energy Field Tour 2003 (August 11-16)
Congressional staff tour held August 11-16, 2003
Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour
Contents:
MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …
Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle
Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle
Villanova Environmental Law Journal
No abstract provided.
American Trucking Associations, Inc. V. United States Environmental Protection Agency: A Speed-Bump Along The Highway Of Judicial Deference To Agency Determinations, Amy Quandt
Villanova Environmental Law Journal
No abstract provided.
Global Trends And The Future Of National Forests, Nels C. Johnson
Global Trends And The Future Of National Forests, Nels C. Johnson
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
23 pages.
Contains 3 pages of references.
To The U.S. Department Of Transportation: Comments Of The Environmental Defense Fund On The Secretary Of Transportation’S National Transportation Policy, Robert E. Yuhnke
To The U.S. Department Of Transportation: Comments Of The Environmental Defense Fund On The Secretary Of Transportation’S National Transportation Policy, Robert E. Yuhnke
Air Quality Protection in the West (November 27-28)
20 pages.
Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center
Air Quality Protection in the West (November 27-28)
Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.
Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …
Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver
Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver
Air Quality Protection in the West (November 27-28)
17 pages.
Contains references.
Existing Legal Treatment Of Developing Countries: Differential, Contextual, And Absolute Norms, Daniel Barstow Magraw
Existing Legal Treatment Of Developing Countries: Differential, Contextual, And Absolute Norms, Daniel Barstow Magraw
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
53 pages.
Contains 11 pages of endnotes.
A Practitioner’S Perspective On Section 404 Permitting—Or—How To Survive The Daze From The Hazy Maze, Marcia M. Hughes
A Practitioner’S Perspective On Section 404 Permitting—Or—How To Survive The Daze From The Hazy Maze, Marcia M. Hughes
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
17 pages.
Contains footnotes and references.
Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross
Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
109 pages.
Contains references.
Contains 5 attachments:
1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.
2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."
3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.
The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.
It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …
The Clean Air Act And Mineral Development, Paul D. Phillips
The Clean Air Act And Mineral Development, Paul D. Phillips
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
16 pages (includes charts, maps, and illustrations).
Contains 3 pages of references.
Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie
Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie
Michigan Law Review
The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.
In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …