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Articles 1 - 21 of 21
Full-Text Articles in Law
Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss
Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Michelle Michot Foss, Chief Energy Economist, Center for Energy Economics, Bureau of Economic Geology, University of Texas, Austin, TX
12 slides
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Robert Percival
Environmental law and policy are undergoing rapid change at the global, national, and even local levels. The nations of the world continue to struggle to develop an effective global response to climate change. Transboundary pollution and resource management problems command regional attention even as nations work to upgrade their own environmental standards and their energy, transportation, and land use policies. Surprising environmental initiatives are emerging even from state and local governments. In my previous work I have argued that globalization is affecting law and legal systems throughout the world in profound new ways. See Robert V. Percival, The Globalization of …
Preserving Indian Archaeological Sites Through The California Environmental Quality Act, Lynda L. Brothers
Preserving Indian Archaeological Sites Through The California Environmental Quality Act, Lynda L. Brothers
Golden Gate University Law Review
No abstract provided.
Moving Power Forward: Creating A Forward-Looking Energy Policy Based On A National Rps, Joshua P. Fershee
Moving Power Forward: Creating A Forward-Looking Energy Policy Based On A National Rps, Joshua P. Fershee
Joshua P Fershee
In Power Forward: The Argument for a National RPS, Professor Lincoln L. Davies provides a comprehensive and compelling argument for a national renewable portfolio standard (“RPS”). This Commentary Article reviews Professor Davies’ assumptions and conclusions and places his RPS analysis in context within the broader energy and environmental debate.
Beyond expanding renewable energy generation and shifting away from fossil fuels, RPS legislation is often motivated by additional goals: addressing climate change, improving national security, and promoting economic development. This Commentary Article argues that, if these loftier goals are to be achieved, a better articulation of RPS objectives is necessary. Furthermore, …
The Conflicting Concerns Of The Automatic Stay And Environmental Laws, Brett T. Bradford
The Conflicting Concerns Of The Automatic Stay And Environmental Laws, Brett T. Bradford
Brett T. Bradford
This paper explores the conflict between the automatic stay in bankruptcy law and environmental laws regarding cleaning up pollution. It is shown that the two areas of law have fundamentally different purposes that work to disrupt the bankruptcy process. The purpose of the automatic stay is seriously disrupted by the government imposing clean up costs on the debtor while in bankruptcy. This paper shows the affects of the two conflicting areas of law and possible solutions to the problem.
Rationalism In Regulation, Christopher C. Demuth, Douglas H. Ginsburg
Rationalism In Regulation, Christopher C. Demuth, Douglas H. Ginsburg
Michigan Law Review
Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health, by Richard L. Revesz and Michael A. Livermore, aims to convince those who favor more government regulation-in particular environmental groups-that they should embrace cost-benefit analysis and turn it to their purposes. Coauthored by a prominent law school dean and a recent student with a background in environmental advocacy, the book is a jarring combination of roundhouse political polemics and careful academic argument. Sweeping pronouncements are followed by qualifications that leave the sweep of the pronouncements in doubt- rather like the give-and-take of the law school classroom …
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
University of Richmond Law Review
No abstract provided.
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
University of Richmond Law Review
No abstract provided.
Pining For Sustainability, Timothy M. Mulvaney
Pining For Sustainability, Timothy M. Mulvaney
University of Richmond Law Review
In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.
The Nuclear Fuel Cycle, Global Security, And Climate Change: Weighing The Costs And Benefits Of Nuclear Power Expansion, Christopher E. Paine
The Nuclear Fuel Cycle, Global Security, And Climate Change: Weighing The Costs And Benefits Of Nuclear Power Expansion, Christopher E. Paine
University of Richmond Law Review
No abstract provided.
Offshore Windfall: What Approval Of The United States' First Offshore Wind Project Means For The Offshore Wind Energy Industry, Michael P. Giordano
Offshore Windfall: What Approval Of The United States' First Offshore Wind Project Means For The Offshore Wind Energy Industry, Michael P. Giordano
University of Richmond Law Review
This comment explores the Cape Wind project with an emphasis on its role as the first United States offshore wind energy project. Part II of this comment explains the potential energy resource that offshore wind provides and examines some of the economic, technological, and regulatory challenges facing the development of offshore wind projects in United States waters. Part III of this comment introduces the Cape Wind project as a case study by briefly describing the particular political struggles and permitting challenges faced by its developers. Part IV of this comment analyzes how DOI approval and the eventual construction of Cape …
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: Water For Oil (Shale)?, Bart Miller
Slides: Water For Oil (Shale)?, Bart Miller
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Bart Miller, Water Program Director, Western Resource Advocates
10 slides
Ahistorical Indians And Reservation Resources, Ezra Rosser
Ahistorical Indians And Reservation Resources, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Maryland Journal of International Law
No abstract provided.
The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson
The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson
Maryland Journal of International Law
No abstract provided.
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Faculty Scholarship
Environmental law and policy are undergoing rapid change at the global, national, and even local levels. The nations of the world continue to struggle to develop an effective global response to climate change. Transboundary pollution and resource management problems command regional attention even as nations work to upgrade their own environmental standards and their energy, transportation, and land use policies. Surprising environmental initiatives are emerging even from state and local governments.
In my previous work I have argued that globalization is affecting law and legal systems throughout the world in profound new ways. See Robert V. Percival, The Globalization of …
Wildlife Rights, David Favre
Wildlife Rights, David Favre
David Favre
Abstract: This article begins by briefly exploring the extent to which wildlife, historically and presently, have a place within our society, culture and legal system. Then, building upon the reality that wildlife, like humans, have personal interests in living their individual lives, suggests five principles for developing laws and programs to better accommodate wildlife interests in the legal system. Individuals, species and geographic groups are presented as focus points for thinking about wildlife interests. Additionally, the three possibilities of who should be the plaintiff for asserting wildlife rights are described: government, private parties and the wildlife themselves. Finally, the article …
Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn
Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn
Journal Articles
In this essay for a symposium on new directions in environmental law, I reflect back on the last 35 years of Endangered Species Act (ESA) practice and offer several modest reforms. My claim is that conservation has been growing increasingly quantitative and risk-based, much like other fields of regulation, but that big problems lie ahead if this trend continues with the ESA as currently structured. In my view, the quantitative demands of listing species, designing recovery objectives, and designating so-called 'critical habitat' are depleting the resources we have put into the ESA because it is an expression of fundamentally qualitative …
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Maryland Journal of International Law
No abstract provided.
Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson
Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson
Prof. Elizabeth Burleson
This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.