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Full-Text Articles in Law
Getting To The (Non) Point: Private Governance As A Solution To Nonpoint Source Pollution, Kyle W. Robisch
Getting To The (Non) Point: Private Governance As A Solution To Nonpoint Source Pollution, Kyle W. Robisch
Vanderbilt Law Review
Chances are that today you have already unwittingly advanced the slow but steady demise of America's freshwater supply. The sausage and egg biscuit you ate for breakfast, the half-empty bottle of Drano you dumped into your backyard, and the quick trip to the grocery store-these seemingly innocent actions each significantly degrade American watersheds.' In response to this systemic and persistent assault on water quality, Congress enacted the Federal Water Pollution Control Act of 1972. More commonly known as the Clean Water Act ("CWA"), this legislation attempted to take an aggressive and comprehensive approach to improving water quality. To achieve its …
Got A Better Idea?: Promoting Greenhouse Gas Regulations Through Solution-Based Informal Rulemaking, Lorraine J. Baer
Got A Better Idea?: Promoting Greenhouse Gas Regulations Through Solution-Based Informal Rulemaking, Lorraine J. Baer
Vanderbilt Journal of Entertainment & Technology Law
In September 2013, the US Environmental Protection Agency (EPA) proposed a rule regulating greenhouse gas emissions from newly constructed, coal-fired power plants. Coal industry lawyers immediately began preparing for litigation. Like many industry-led arbitrary and capricious challenges, their goal is to stop the regulations from moving forward. This Note analyzes the new rule, concluding that although the EPA's rule is legally sound, it does have some potential weaknesses. Rather than merely blocking the regulations through litigation, however, this Note proposes that interest groups should instead submit their own solutions during the notice-and-comment rulemaking process, which would reduce regulatory gridlock and …
"Maladaptive" Federalism: The Structural Barriers To Coordination Of State Sustainability Initiatives, Jim Rossi
Vanderbilt Law School Faculty Publications
While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including aggressive approaches to regulating carbon emissions and renewable and clean energy standards. This Article identifies an emerging challenge that subnational regulation faces in the energy and environmental context -- what I will call maladaptive federalism -- and argues that federalism discussions need to account for its possibility. Part I highlights adaptive regulation as a form of federalism, echoing a vision for subnational regulation many federalism scholars and …
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Vanderbilt Journal of Transnational Law
Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD--Reducing Emissions from Deforestation and Degradation--to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When REDD was first proposed, many commentators argued this mechanism would not only mitigate climate change but also provide biodiversity and forests with the hard international law regime that had so far been missing. These commentators appeared to hope REDD would develop into this kind of …
Electric Power Resource "Shuffling" And Subnational Carbon Regulation: Looking Upstream For A Solution, Jim Rossi, Andrew J.D. Smith
Electric Power Resource "Shuffling" And Subnational Carbon Regulation: Looking Upstream For A Solution, Jim Rossi, Andrew J.D. Smith
Vanderbilt Law School Faculty Publications
"Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California is the most aggressive jurisdiction in the United States to address climate change and has adopted a cap & trade program for its greenhouse gas (GHG) emissions. This Article addresses the resource shuffling issue presented by California's cap-and-trade program and evaluates the merits of various legal and regulatory solutions to the problem.