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Climate Change Litigation In The Wake Of Aep V. Connecticut And Aes V. Steadfast: Out To Pasture, But Not Out Of Steam, Cecilia O'Connell Miller
Climate Change Litigation In The Wake Of Aep V. Connecticut And Aes V. Steadfast: Out To Pasture, But Not Out Of Steam, Cecilia O'Connell Miller
Golden Gate University Environmental Law Journal
On April 19, 2011, two courts heard oral arguments in cases that will define the future of climate change litigation for decades to come. In American Electric Power Co. v. Connecticut (hereinafter AEP), the United States Supreme Court considered whether environmental advocates can use a federal common-law nuisance claim as a vehicle for seeking redress for climate change accruing from greenhouse gas (hereinafter GHG) emissions. Just a hundred miles south that same day, the Virginia Supreme Court heard oral arguments in AES Corporation v. Steadfast (hereinafter Steadfast), in which Virginia’s highest court considered whether a commercial general liability …
Addressing The Significance Of Greenhouse Gas Emissions Under Ceqa: California’S Search For Regulatory Certainty In An Uncertain World, Alexander G. Crockett
Addressing The Significance Of Greenhouse Gas Emissions Under Ceqa: California’S Search For Regulatory Certainty In An Uncertain World, Alexander G. Crockett
Golden Gate University Environmental Law Journal
This Article explores the efforts of California’s air agencies in addressing how to determine the significance of a project’s greenhouse gas emissions under CEQA, focusing on the recent guidance adopted by three of California’s largest regional air-quality agencies – the South Coast Air Quality Management District, the San Joaquin Valley Air Pollution Control District, and the Bay Area Air Quality Management District. It also addresses work done by the California Air Pollution Control Officers Association and the California Air Resources Board (ARB), which laid the foundations for these agencies’ actions. In Section II, the Article provides a brief review of …
Dust In The Wind? The Bell Tolls For Crematory Mercury, Philip Donald Batchelder
Dust In The Wind? The Bell Tolls For Crematory Mercury, Philip Donald Batchelder
Golden Gate University Environmental Law Journal
Part II of this Comment outlines the toxicity and behavior of mercury. Part III asserts that cremation is a significant and growing source of mercury pollution. Part IV describes the current regulatory atmosphere for crematory mercury vapor: the federal government’s decision to leave it largely unregulated and the efforts of a few states, including Maine, Minnesota, and Colorado, to begin tackling this problem. Part IV also contains a case study discussing whether agencies in the San Francisco Bay Area of California are effectively addressing crematory mercury. Part V explores the options of either capturing mercury emitted from crematories or pulling …