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Full-Text Articles in Law
Andrew Wheeler’S Trojan Horse For Clean Air Act Regulation, Richard Parker, Amy Sinden
Andrew Wheeler’S Trojan Horse For Clean Air Act Regulation, Richard Parker, Amy Sinden
Faculty Articles and Papers
No abstract provided.
An Introduction To Climate Change Liability Litigation And A View To The Future, Joseph Macdougald
An Introduction To Climate Change Liability Litigation And A View To The Future, Joseph Macdougald
Faculty Articles and Papers
No abstract provided.
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Faculty Articles and Papers
Climate change started as a scientific theory, became the subject of environmental policy and international negotiation, and today manifests itself within the courts in a series of boundary testing cases that challenge the settled concepts of risk and redress available under both environmental and insurance law. As our climate becomes increasingly unstable and the causal link between damage from sea-level rise and severe weather events becomes ever more tangible and traceable, courts at all levels wrestle with varying avenues of legal authority, including: the limitations of legal redress through the political question doctrine the appropriateness of traditional federal and state …
Solar Rights For Texas Property Owners, Sara Bronin
Solar Rights For Texas Property Owners, Sara Bronin
Faculty Articles and Papers
In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. Additionally, …
Why Climate Law Must Be Federal: The Clash Between Commerce Clause Jurisprudence And State Greenhouse Gas Trading Systems, Joseph Macdougald
Why Climate Law Must Be Federal: The Clash Between Commerce Clause Jurisprudence And State Greenhouse Gas Trading Systems, Joseph Macdougald
Faculty Articles and Papers
Absent Federal legislation or leadership on regulatory responses to greenhouse gas (“GHG”)-based climate problems, the states have sought, either on their own or through regional agreements, to restrict the amount of GHG released by the electric power plants within their states. These systems are subject to “leakage,” the ability of power providers to receive electricity from an “extra-regional” and hence unregulated source. While practical considerations may limit the immediate impact of leakage, in the long term, state-based systems perversely provide competitive advantages to unrestricted GHG-emitting power sources that do not have the burden of compliance. One logical avenue to address …
The Case For Environmental Trade Sanctions, Richard Parker
The Case For Environmental Trade Sanctions, Richard Parker
Faculty Articles and Papers
No abstract provided.
The Use And Abuse Of Trade Leverage To Protect The Global Commons: What We Can Learn From The Tuna-Dolphin Conflict, Richard Parker
The Use And Abuse Of Trade Leverage To Protect The Global Commons: What We Can Learn From The Tuna-Dolphin Conflict, Richard Parker
Faculty Articles and Papers
No abstract provided.
Choosing Norms To Promote Compliance And Effectiveness: The Case For International Environmental Benchmark Standards, Richard Parker
Choosing Norms To Promote Compliance And Effectiveness: The Case For International Environmental Benchmark Standards, Richard Parker
Faculty Articles and Papers
As the number of international environmental agreements (IEAs) continues to mount' so too does the continuing destruction of the environment by mankind. Notwithstanding the Convention on International Trade in Endangered Species (CITES), endangered mammals continue to be taken and traded at alarming rates. Notwithstanding the Biodiversity Convention, the global heritage of biodiversity continues to be reduced at the estimated rate of 50,000 species per year and the impact of the Biodiversity Convention on that trend has, so far, not been detectable. Notwithstanding the enumeration of countless fisheries conservation agreements, many of the fish stocks of the world are reported on …