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Full-Text Articles in Law

Solar Rights In The United States, Sara Bronin Nov 2015

Solar Rights In The United States, Sara Bronin

Sara C. Bronin

Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation …


Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren Sep 2015

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.


The Future Of Energy: The European And American Approaches -- The American Approach, Gina Warren Sep 2015

The Future Of Energy: The European And American Approaches -- The American Approach, Gina Warren

Gina Warren

No abstract provided.


Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher Sep 2015

Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher

Kylie Fletcher

Extract: Canada is one of the world’s leading petroleum producers. It claims significant proven reserves of oil and natural gas. Canada’s reserves are estimated to be in the order of 173 billion barrels of oil and 70 trillion cubic feet of natural gas. Canada’s provinces, listed in order of entry into confederation, are Ontario (1867), Quebec (1867), Nova Scotia (1867), New Brunswick (1867), Manitoba (1870), British Columbia (1871), Prince Edward Island (1873), Saskatchewan (1905), Alberta (1905) and Newfoundland and Labrador (1949). Its territories are the Northwest Territories, Yukon and Nunavut. Canada has an extensive coastline, and lays claim to significant …


Working Paper: International Cooperation, Intellectual Property, And Climate-Essential Innovation, Brian R. Israel Aug 2015

Working Paper: International Cooperation, Intellectual Property, And Climate-Essential Innovation, Brian R. Israel

Brian R Israel

No abstract provided.


Developing An International Carbon Tax Regime, Steven Specht Aug 2015

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …


"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza Aug 2015

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.


Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron Jul 2015

Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron

Andrew P. Morriss

No abstract provided.


The Regulation Of Scarcity And Its Impact On International Regimes, Gabriel Eckstein, Lillian Aponte Miranda, Kristen Boon, Peter Appel Jul 2015

The Regulation Of Scarcity And Its Impact On International Regimes, Gabriel Eckstein, Lillian Aponte Miranda, Kristen Boon, Peter Appel

Gabriel Eckstein

No abstract provided.


Energy In The Ecopolis, Sara Bronin May 2015

Energy In The Ecopolis, Sara Bronin

Sara C. Bronin

Climate change, resource scarcity, and environmental degradation demand a paradigm shift in urban development. Currently, too many of our cities exacerbate these problems: they pollute, consume, and process resources in ways that negatively impact our natural world. Cities of the future must make nature their model, instituting circular metabolic processes that mimic, embrace, and enhance nature. In other words, a city must be a regenerative city or, as some say, an “ecopolis.” So, how to get there—to ecopolis—from here? In this Comment, I propose a partial answer by focusing on certain legal frameworks that must be reenvisioned to enable the …


Increasing The Potential Of Small Hydropower Generation, Gina Warren Apr 2015

Increasing The Potential Of Small Hydropower Generation, Gina Warren

Gina Warren

No abstract provided.


Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren Apr 2015

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.


Environmental Law's Heartland And Frontiers, Todd Aagaard Dec 2014

Environmental Law's Heartland And Frontiers, Todd Aagaard

Todd S Aagaard

The locus of innovation moving forward is likely to be outside of the traditional domain of environmental law — in areas that are at the frontiers of environmental law, but in the heart of related fields such as energy law, corporate social responsibility, and insurance. At the same time, environmental law’s heartland will continue to dominate the regulation of environmental harms for the foreseeable future. The future of environmental law therefore will be determined by a dialectic relationship between the heartland and frontiers of environmental law; each playing its own crucial role in the development of the field, in tension …


Using Sustainability Criteria For Biomass, Evgenia Pavlovskaia Dec 2014

Using Sustainability Criteria For Biomass, Evgenia Pavlovskaia

Evgenia Pavlovskaia

This article explores the use of sustainability criteria for biomass as a tool to promote and safeguard sustainability of this product. Much attention is paid to the issues that sustainability criteria for biomass should consider. Among them the priority for food supply and food security, the emission reduction of green house gases (GHG) through the whole production chain, the preservation of areas of high ecological value, the protection of soil and water quality, and the requirements to the use of genetically modified organisms (GMOs) are highlighted. In general, different issues relevant for sustainable biomass can be outlined and promoted. Their …


The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt Dec 2014

The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt

Joel M Pratt

New Jersey and Delaware have often fought over their territorial boundaries in the Delaware River. Three times, they have litigated cases in the Supreme Court under the Court’s original jurisdiction to hear cases or controversies between states. In 1905, a Compact negotiated by the states and confirmed by Congress settled the first case between the two states. The second case between the two states led the Supreme Court to issue a Decree confirming the boundaries of the two states. The third case, which began in 2005, asked the Court to decide the scope of each state’s power to regulate development …


Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke Dec 2014

Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke

Brendan Burke

In August 2013, the Department of Energy promulgated a supplemental notice of proposed rulemaking to revise the Code of Federal Regulations title 10, part 810 (part 810). Part 810 controls the export of technology pertaining to special nuclear material (SNM) and its production outside the United States by U.S. citizens or corporations. Its purpose is to protect national security interests relating to nuclear non- proliferation while facilitating civil nuclear trade. The most noteworthy changes in the proposed revision pertain to how potential trade partner host countries are classified. This classification directly affects the volume of regulatory requirements applicable to transac- …


Energy Poverty And The Environment, Carmen G. Gonzalez Dec 2014

Energy Poverty And The Environment, Carmen G. Gonzalez

Carmen G. Gonzalez

Nearly 3 billion people in Asia, Africa, and Latin America (the Energy Poor) face daily hardships due to lack of modern energy for cooking, heating, sanitation, lighting, transportation, and basic mechanical power. Despite their minimal greenhouse gas emissions, the Energy Poor will be disproportionately burdened by the floods, droughts, rising sea levels, and other disturbances caused by climate change. Although climate change has been framed as an issue of climate debt and climate justice, the plight of the Energy Poor has received short shrift in the climate change negotiations. Will efforts to reduce greenhouse gas emissions consign the Energy Poor …


Desalination: An Additional Water Source For Southern California’S Water Crisis And An Unsustainable 1944 U.S.-Mexico Water Treaty, Hala Alskaf Dec 2014

Desalination: An Additional Water Source For Southern California’S Water Crisis And An Unsustainable 1944 U.S.-Mexico Water Treaty, Hala Alskaf

Hala Alskaf

No abstract provided.


Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan Dec 2014

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …