Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- BLM (1)
- Carbon dioxide (1)
- Cathedral (1)
- Climate change (1)
- Energy tax credits (1)
-
- Environmental impact statement (1)
- Federalism (1)
- Federalism values (1)
- Greenhouse gases (1)
- Inalienability rule (1)
- Intergovernmental bargaining (1)
- Interjurisdictional (1)
- Liability rule (1)
- Low Level Radioactive Waste Policy Act (1)
- NEPA (1)
- National Environmental Policy Act (1)
- Nuclear waste (1)
- Property rule (1)
- Remedy rules (1)
- Renewable energy sources (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
University of Colorado Law Review
This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
University of Colorado Law Review
Neither the National Environmental Policy Act ("NEPA') nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an evergrowing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements ("EISs'). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
University of Colorado Law Review
Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …