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Full-Text Articles in Law

Globalization And The Environment: Why All The Fuss?, David A. Wirth Nov 2011

Globalization And The Environment: Why All The Fuss?, David A. Wirth

David A. Wirth

The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements …


Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell May 2011

Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell

John C. Dernbach

This paper provides an overview of U.S. law and policy concerning energy efficiency and conservation. The United States appears torn between two narratives - one expressing the abundant demonstrated opportunities provided by energy savings and the other based on a fear of deprivation from using less energy. Rather than choosing between the two, U.S. law and policy splits the difference - embracing efficiency and conservation more or less halfheartedly. Energy efficiency and conservation policy thus has a Groundhog Day aspect, in which the same or similar arguments are made year after year, decade after decade, and often (it appears) to …


Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann Jan 2011

Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann

Roberta F Mann

Water is essential for life. Inadequate potable water supplies lead to poverty, disease, starvation, and civil strife. Climate change is likely to put more pressure on the world’s supply of fresh water. Rising sea levels will introduce salt into some fresh water systems. As high mountain snow cover and glaciers decline, they will store less fresh water. As regions heat up, droughts will become more persistent. Producing energy uses water. How much water is used depends on the source of the energy. Yet in the rush to transition to a renewable energy economy, policy makers have paid little heed to …


Going-Going-Green: Strategies Fostering Sustainable New Federal Buildings, Patrick E. Tolan Jr. Jan 2011

Going-Going-Green: Strategies Fostering Sustainable New Federal Buildings, Patrick E. Tolan Jr.

Patrick E. Tolan Jr.

Green building, also known as sustainable building or high performance building, has exploded in popularity over the past several years as construction experience and cost-benefit studies have shown that owners of green buildings derive financial as well as environmental benefits. By smartly designing the building to maximize advantages at the onset, these newer buildings are more friendly to workers, more flexible for future growth, better integrate environmental and comfort factors using a whole building design philosophy, and help conserve energy, water, and other resources. As the world’s largest owner and operator of buildings and the nation’s largest energy user, the …


The Next Step: The Integration Of Energy Law And Environmental Law, Amy J. Wildermuth Jan 2011

The Next Step: The Integration Of Energy Law And Environmental Law, Amy J. Wildermuth

Articles

For many years, the law has largely ignored the obvious connection between energy production and consumption and nature. The laws that govern energy in this country-energy law-have very little to do with the laws that restrict what can be done with nature-environmental law. The primary focus of energy law is to ensure that energy is supplied without disruption at an affordable price. The primary focus of environmental laws is to be sure that the process of creating anything, including energy, does not create "too much" pollution, however we might define that phrase.
The question motivating this conference is what the …