Law Commons^™

Promoting Wind Energy Through A Streamlined Federal Environmental Review Process, Seth P. Cox

Seth P. Cox

The most significant barrier to development of wind as a viable, utility-scale, energy source is insufficient transmission infrastructure. The U.S. electricity transmission network is woefully inadequate on the whole, as increases in generation capacity far outstrip transmission gains. Wind facilities are especially vulnerable to transmission constraints, because of the nature of the resource itself. The best wind resources are typically located on large, flat, open areas, far from population centers and the ultimate consumer. These areas do not have any existing transmission infrastructure, so the network must be built from the ground up. Second, though it always blows somewhere, wind …

Climate Change, Sustainable Development, And Ecosystems: 2009 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.

Trade, Energy, And Climate Change Policies Of Basic Nations: One Step Closer To An Economic Interest-Based International Law?, Deepa Badrinarayana

Deepa Badrinarayana

No abstract provided.

Sprawl In Canada And The United States, Michael E. Lewyn

Michael E Lewyn

The purpose of this paper is to ascertain (1) whether suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) whether Canadian government policies, and in particular Canadian municipal land use and transportation policies, encourage sprawl. The thesis concludes that sprawl is less widespread in two respects. First, Canadian central cities have not declined to the same extent as American central cities. Second, urban and suburban Canadians are less dependent on automobiles than are Americans. The thesis goes on to point out that in Canada, as in the United States, government land use and …

The Constitution And Our Debt To The Future, Rena I. Steinzor

Rena I. Steinzor

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found …

The Nuclear Option: Promotion Of Advanced Nuclear Generation As A Matter Of Policy, Seth P. Cox

Seth P. Cox

A flexible and adaptive energy policy is crucial to the continued progress of the American economy. Energy fuels all economic activity, and policy determines the manner in which energy is exploited. The most salient considerations regarding energy, sustainability, affordability and independence, shape the policy and direction of America. Energy policy must incorporate these concerns, while remaining receptive to changed valuation.

Appreciation of the relative weights of sustainability, affordability and independence is fluid. Over the last several years sustainability became a prominent issue. As the evidence mounts, it is more and more difficult to deny that current patterns of energy use …

Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

Kenneth T Kristl

No abstract provided.

Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers

Garrett Power

Preface The Chesapeake Bay is the most studied and best understood estuary in the United States. Yet, it is practically unexamined in the areas of the social sciences and the humanities. While millions of dollars have been spent on producing the thousands of studies that examine the physical, biological, chemical, and engineering aspects of the Bay, little attention has been given to understanding the political, cultural, and economic character of Bay governance. The relationship of the governments of Maryland and Virginia to the Bay is imperfectly documented. Government documents which do exist are scattered in various libraries in both states …

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Deepa Badrinarayana

This paper analyzes the role of international law in addressing global warming through the lens of a select number of compliance theories and rational choice theory. It presents an alternative view to the limits of international law in addressing climate change, i.e., that international law has created an economic dependency that has constrained the space for pursuit of traditional legal rights. In making this argument, this article examines the history oil exploration and climate policy. The article also makes some brief suggestions towards increasing the space for traditional legal rights.

Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach

John C. Dernbach

No abstract provided.

Sustainable America Is Achievable In Our Lifetime, John Dernbach

John C. Dernbach

No abstract provided.

Smart Use Of Resources Makes Good Economic Sense, John Dernbach

John C. Dernbach

No abstract provided.

Environmental Law, Joseph Sax

Joseph L. Sax

No abstract provided.

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

David R. Hodas

No abstract provided.

India's Constitutional Challenge: A Less Visible Climate Change Catastrophe, Deepa Badrinarayana

Deepa Badrinarayana

No abstract provided.

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Gabriel Eckstein, Adriane Busby

Gabriel Eckstein

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system – including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides – increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides.

This article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn

Michael E Lewyn

[to be published at University of Louisville Law Review] In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials’ “Green Book”, has generally favored the construction of such high-speed streets, and transportation planners fear that if …

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn

Michael E Lewyn

In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials’ “Green Book”, has generally favored the construction of such high-speed streets, and transportation planners fear that if they fail to follow the Green Book’s recommendations, they …

Engaging Individuals In Climate Change Mitigation, John Dernbach

John C. Dernbach

No abstract provided.

The Unfinished Agenda Of Environmental Law, Joseph Sax

Joseph L. Sax

No abstract provided.

Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Danaya C. Wright

Danaya C. Wright

Abstract: This article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. But the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property interests …

Using Mandates And Incentives To Promote Sustainable Construction And Green Building Projects In The Private Sector: A Call For More State Land Use Policy Initiatives, Carl J. Circo

Carl J. Circo

Earlier this year, the United Nations released Buildings and Climate Change, which reports that 30-40% of all primary energy is used in buildings. A host of other authorities have joined the U.N. in calling for green building standards, not only to conserve energy, but also to achieve more socially responsible real estate development. A discernable movement is now afoot for government to play a significant role in promoting green building projects. But there is not yet agreement on what that role should be. In particular, green building standards have not yet found their place within the realm of land use …

Guest Perspective: Energy Efficiency And Conservation: The Most Cost-Effective Approach To Climate Change, John Dernbach

John C. Dernbach

No abstract provided.

State Initiatives, David Hodas

David R. Hodas

No abstract provided.

Walk Along My Mind: Space, Mobility, And The Significance Of Place: A Reflection On Philosophy, Property Law, And Environmentalism, Jill Fraley

Jill M. Fraley

No abstract provided.

Appalachian Stereotypes And Mountain Top Removal, Jill Fraley

Jill M. Fraley

No abstract provided.

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.

Judicial Approaches To Dealing With Constitutional Limitations Surrounding Ecosystem-Based Management: Can Rapanos Offer Guidance By, Chad J. Mcguire

Chad J McGuire

Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.