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Full-Text Articles in Law
United States Of America, Michael B. Gerrard, Gregory E. Wannier
United States Of America, Michael B. Gerrard, Gregory E. Wannier
Faculty Scholarship
The prospect of carbon liability in the United States is a relatively recent phenomenon. It is only in the last decade that US environmental lawyers and policy-makers have begun to turn their attention to climate change, as climate-related litigation has surged, government action on several fronts has begun, and climate change has generally been recognised as a factor to consider in decision-making across the economy. This chapter lays out existing options to establish liability for greenhouse gas (‘GHG’) emissions along legislative, regulatory and judicial channels.
Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong
Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong
Sabin Center for Climate Change Law
This report examines the legal and regulatory framework for U.S. coal exports, focusing in particular on the significant improvements in railroad and port infrastructure that will be necessary in order to boost the volume of overseas coal shipments to the degree anticipated by recent industry projections. While existing railroads and ports have the capacity to handle current coal export volumes, much more infrastructure will be needed to meet surging foreign demand. A wide variety of new construction projects are under consideration to expand capacity and relieve congestion. These range from double-tracking existing Class I railroad rights of way to dredging …
New York's Revived Power Plant Siting Law Preempts Local Control, Michael B. Gerrard
New York's Revived Power Plant Siting Law Preempts Local Control, Michael B. Gerrard
Faculty Scholarship
Taking most observers by surprise, the New York State Legislature on June 22, 2011, overwhelmingly passed The Power NY Act of 2011. Governor Andrew Cuomo signed it on Aug. 4. The new law revives Article X of the Public Service Law after a nearly nine-year hibernation. As before, the law creates a one-stop, state-led program for permitting electric generating facilities while preempting local requirements. But the new Article X differs from its predecessor in several important ways: It covers facilities as small as 25 megawatts (down from the prior 80 megawatts threshold), it has even more generous provisions for funding …
Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang
Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang
Sabin Center for Climate Change Law
Black carbon, a component of soot and particulate matter, competes closely with methane as the largest anthropogenic contributor to global warming after carbon dioxide. Regulation of black carbon has been identified as an affordable, politically feasible, fast-action means to mitigate the warming temperatures caused by climate change. With an emphasis on domestic mitigation, this Article examines how emissions are controlled under the CAA and what EPA, states, and municipalities can do to mitigate black carbon emissions further.
What’S Ahead For Power Plants And Industry? Using The Clean Air Act To Reduce Greenhouse Gas Emissions, Building On Existing Regional Programs, Franz T. Litz, Nicholas Bianco, Michael B. Gerrard, Gregory E. Wannier
What’S Ahead For Power Plants And Industry? Using The Clean Air Act To Reduce Greenhouse Gas Emissions, Building On Existing Regional Programs, Franz T. Litz, Nicholas Bianco, Michael B. Gerrard, Gregory E. Wannier
Faculty Scholarship
In the absence of congressional action on climate change, all eyes are on the states and the United States Environmental Protection Agency (EPA) to see how they will regulate greenhouse gas emissions from existing large power plants and industrial facilities. Indeed, power plants and industrial facilities are the sources of half of all U.S. greenhouse gas emissions, making those plants and facilities central to any effort to reduce the country’s total emissions. This working paper explores a promising pathway for the states and EPA to make these reductions using the standards of performance under section 111 of the Clean Air …