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Full-Text Articles in Law
When Government Intrudes: Regulating Individual Behaviors That Harm The Environment, Katrina Fischer Kuh
When Government Intrudes: Regulating Individual Behaviors That Harm The Environment, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
Emerging environmental problems and technologies, coupled with the existence of mature regulatory regimes governing most industrial sources of pollution, reveal with new clarity the harms that individual behaviors can inflict on the environment. Changing how individuals impact the environment through their daily behaviors, however, requires a reorientation of environmental law and policy and a balancing of government prerogatives with individual liberty. A growing body of legal scholarship recognizes the environmental significance of individual behaviors, critiques the failure of law and policy to capture harms traceable to individuals, and suggests and evaluates strategies for capturing individual harms going forward. In this …
Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon
Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …