Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Adopting land use regulations that encourage solar and other clean energy systems is an essential strategy for promoting clean power and one that focuses on the essential role that local governments play in mitigating climate change. This article explores efforts at the state and local level to reform zoning and land use regulations to permit, encourage, require, and incentivize rapidly-evolving clean energy systems, particularly solar, that, in the aggregate, have the ability to significantly increase power generation and decrease carbon emissions. The article illustrates how zoning, as it approaches its 100th anniversary, is encrusted with provisions that prohibit or discourage …
Environmental Privacy, Katrina Fischer Kuh
Environmental Privacy, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This article, designed as a resource for environmental law professors both domestically and abroad, addresses how environmental quality standards are created, implemented, and enforced in the United States. The answers to these questions are useful to those teaching U.S. environmental law and international scholars, especially in the European Union, who are faced with the challenge of creating new environmental quality standards under both national and EU directives. It must be noted that this project is complicated by the federal system within the country, and, thus, attention must be devoted to the federal-state relationship. In fact, the major relevant statutes, the …