Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey
Dec 2021
Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey
Michigan Journal of Environmental & Administrative Law
This article analyzes Constitutional Supremacy Clause tensions in preempting state law that addresses climate change and the rapid warming of the Planet. Net metering laws, enacted in 80% of U.S. states, are a primary legal mechanism to control and mitigate climate warming. This article analyzes three recent federal court decisions creating a preemptive Supremacy Clause stand-off between federal and state law and presents a detailed state-by-state analysis of which those 80% of states’ laws could be preempted by legal challenge.
If state net metering laws affected only ordinary technologies, this issue would not be front and center with global warming. …
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Nov 2019
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Jun 2018
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Felix Mormann
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Mar 2017
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Faculty Scholarship
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
