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Articles 1 - 30 of 176
Full-Text Articles in Law
The Emergence Of Commercial Scale Offshore Wind: Progress Made And Challenges Ahead, Joseph B. Nelson, David P. Yaffe
The Emergence Of Commercial Scale Offshore Wind: Progress Made And Challenges Ahead, Joseph B. Nelson, David P. Yaffe
San Diego Journal of Climate & Energy Law
This Article examines the offshore wind development process from leasing and permitting to electric power supply and interconnection. Willing developers may divide the process into three discrete, but not necessarily sequential, endeavors. First, the developer must secure a viable purchaser or market for the output. “Offshore wind energy” is a more complex commercial product than one might envision—it includes the actual electric energy produced, the electric generating capacity that is available to serve load, and both the environmental and clean energy attributes of wind energy. The environmental and clean energy attributes may have an economic and regulatory value separate from, …
Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval
Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval
San Diego Journal of Climate & Energy Law
This Article contends that the Federal Communications Commission’s (FCC) January 2018 repeal of net neutrality rules created a “zero-day” cybersecurity vulnerability for the energy sector and other criti¬¬¬cal infrastructure. “A zero-day cybersecurity vulnerability is a previously unknown flaw in a computer program that exposes the program to external manipulation.” The flaw may also reside in compromised hardware that creates a “back door” into the internet-connected device. This Article argues that cybersecurity has been primarily viewed from a “hacker paradigm” that obscures systemic threats an Internet Service Provider (ISP) can create to energy reliability and cybersecurity through paid priority and other …
Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins
San Diego Journal of Climate & Energy Law
After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the …
Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón
Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón
San Diego Law Review
In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group’s claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …
The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song
San Diego International Law Journal
The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …
Sand Mining In Baja And Alta California, Harold Magistrale
Sand Mining In Baja And Alta California, Harold Magistrale
San Diego International Law Journal
This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.
Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda
San Diego International Law Journal
Having recently completed twenty-seven years on the bench of the International Court of Justice in The Hague, I have just returned to Sendai, Japan, my home town. Please permit me therefore to offer some personal recollections of the time fifty years ago when, as a graduate law student from occupied Japan traveling on a passport issued by General MacArthur, Supreme Commander of the Allied Powers in Japan, I began preparation of my doctoral dissertation at Yale Law School.
The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber
The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber
San Diego International Law Journal
In the broadest historical perspective, the Convention laid the groundwork for the modern-day norm of multi-lateralist style and structure for sustainable management of ocean resources. It is fitting, then, that a conference bringing together experts on ocean law and policy from many countries would have gathered in 2003 at the University of California, Berkeley to consider the current-day initiatives in multilateralism and, at the same time, to recall their origins and precursors starting with the International North Pacific Fisheries Convention.
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
San Diego International Law Journal
The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …
Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan
Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan
San Diego International Law Journal
The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …
California Coastal Commission, L. Blundell, M. Stump
California Coastal Commission, L. Blundell, M. Stump
California Regulatory Law Reporter
No abstract provided.
Fish And Game Commission, L. Baker, G. Silva
Fish And Game Commission, L. Baker, G. Silva
California Regulatory Law Reporter
No abstract provided.
Air Resources Board, H. Biggs, J. D. Fellmeth
Air Resources Board, H. Biggs, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Water Resources Control Board, A. Selvidge, B. Vahle
Water Resources Control Board, A. Selvidge, B. Vahle
California Regulatory Law Reporter
No abstract provided.
Department Of Pesticide Regulation, S. Frank, E. D'Angelo Weichel
Department Of Pesticide Regulation, S. Frank, E. D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
California Integrated Waste Management Board, P. Negley, J. Nguyen
California Integrated Waste Management Board, P. Negley, J. Nguyen
California Regulatory Law Reporter
No abstract provided.
Board Of Forestry, K. Carlin, G. Durant, J. D. Fellmeth
Board Of Forestry, K. Carlin, G. Durant, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Forestry, M. Felsen, M. Brenot, J. D'Angelo
Board Of Forestry, M. Felsen, M. Brenot, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Air Resources Board, R. Moore
Air Resources Board, R. Moore
California Regulatory Law Reporter
No abstract provided.
Water Resources Control Board, L. Blaney, T. Kemp
Water Resources Control Board, L. Blaney, T. Kemp
California Regulatory Law Reporter
No abstract provided.
California Coastal Commission, P. Dennehy, K. Thompson
California Coastal Commission, P. Dennehy, K. Thompson
California Regulatory Law Reporter
No abstract provided.
Fish And Game Commission, M. Brenot, C. Putnam
Fish And Game Commission, M. Brenot, C. Putnam
California Regulatory Law Reporter
No abstract provided.
Air Resources Board, R. Moore
Air Resources Board, R. Moore
California Regulatory Law Reporter
No abstract provided.
Water Resources Control Board, L. Blaney, T. Kemp
Water Resources Control Board, L. Blaney, T. Kemp
California Regulatory Law Reporter
No abstract provided.
California Coastal Commission, P. Dennehy, K. Thompson
California Coastal Commission, P. Dennehy, K. Thompson
California Regulatory Law Reporter
No abstract provided.
Fish And Game Commission, M. Brenot, C. Putnam
Fish And Game Commission, M. Brenot, C. Putnam
California Regulatory Law Reporter
No abstract provided.
Board Of Forestry, M. Felsen, M. Brenot, C. Putnam
Board Of Forestry, M. Felsen, M. Brenot, C. Putnam
California Regulatory Law Reporter
No abstract provided.
Air Resources Board, J. Collins, R. Moore
Air Resources Board, J. Collins, R. Moore
California Regulatory Law Reporter
No abstract provided.
Department Of Pesticide Regulation, K. Dwinnells, H. Hutchinson, E. D'Angelo
Department Of Pesticide Regulation, K. Dwinnells, H. Hutchinson, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Fish And Game Commission, M. Brenot, C. Putnam
Fish And Game Commission, M. Brenot, C. Putnam
California Regulatory Law Reporter
No abstract provided.