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Full-Text Articles in Law
State Public Utility Commissions' Powers To Advance Energy Efficiency, Michael B. Gerrard
State Public Utility Commissions' Powers To Advance Energy Efficiency, Michael B. Gerrard
Faculty Scholarship
Improving energy efficiency is widely acknowledged as the most economical way to reduce greenhouse gas emissions and the other adverse environmental impacts of fossil fuel use. Indeed, efficiency measures often yield net cost savings over a fairly short period of time.
The United States lacks a comprehensive regulatory program for energy efficiency. The Environmental Protection Agency and the Department of Transportation set fuel economy standards for motor vehicles (and on Aug. 28, 2012, finalized a major tightening of those standards). The Department of Energy sets many appliance standards and administers certain grant and research programs. The Federal Energy Regulatory Commission …
Reverse Environmental Impact Analysis: Effect Of Climate Change On Projects, Michael B. Gerrard
Reverse Environmental Impact Analysis: Effect Of Climate Change On Projects, Michael B. Gerrard
Faculty Scholarship
Environmental impact statements (EISs) examine the effect of the proposed action – typically a construction project, but sometimes a government policy or other activity – on the environment. However, increasing attention is now devoted to looking in the other direction – at how changes in the environment might affect a project.
Reverse environmental impact analysis, as I will call it, has been with us for some time. For example, if a building is planned downwind of a smokestack or downstream of a contaminated groundwater plume, this effect of the outside world has long been considered. However, the emergence of scientific …
Obama Reelection Clears Path For Numerous New Epa Regulations, Michael B. Gerrard
Obama Reelection Clears Path For Numerous New Epa Regulations, Michael B. Gerrard
Faculty Scholarship
The reelection of President Barack Obama means that a long list of new regulations will be issued by the Environmental Protection Agency (EPA) in the coming months. Some had been held up because of their political sensitivity, and others were still in process, but many will soon be ready for further action.
The election results also mean that major new environmental legislation is very unlikely for the next two years. The House of Representatives is still firmly controlled by the Republicans, and their leadership has not signaled any major change from the last Congress’ stance of opposition to many EPA …
Hurricane Katrina Decision Highlights Liability For Decaying Infrastructure, Michael B. Gerrard
Hurricane Katrina Decision Highlights Liability For Decaying Infrastructure, Michael B. Gerrard
Faculty Scholarship
A March 2, 2012, decision from the U.S. Court of Appeals for the Fifth Circuit, little noticed outside of New Orleans, has broad implications for the liability of federal agencies for injuries caused by the decay or obsolescence of infrastructure due to erosion, sea level rise, and other ongoing conditions, whether of natural or human origin. Less directly, the decision also affects the liability of state and municipal governments, and even private entities in charge of built structures.
This article describes the underlying facts, the decision, and its implications. It also considers how governments and private parties can, to a …