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Full-Text Articles in Law

Measuring Brief (Save Our Climate), John Jurucich, Mary Margaret Roark Sep 2016

Measuring Brief (Save Our Climate), John Jurucich, Mary Margaret Roark

Pace Environmental Law Review Online Companion

Best Brief – Save Our Climate


Measuring Brief (Sylvanergy), Josh Fortenbery, Cameron Jimmo, Kathryn Roberts Sep 2016

Measuring Brief (Sylvanergy), Josh Fortenbery, Cameron Jimmo, Kathryn Roberts

Pace Environmental Law Review Online Companion

Best Brief – Sylvanergy


Measuring Brief (Granger), Christopher M. Becker, Robert A. Marcum, Bennett T. Richardson Sep 2016

Measuring Brief (Granger), Christopher M. Becker, Robert A. Marcum, Bennett T. Richardson

Pace Environmental Law Review Online Companion

David Sive Award for Best Brief Overall.


2016 Bench Memorandum Sep 2016

2016 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.


2016 National Environmental Law Moot Court Competition Problem Sep 2016

2016 National Environmental Law Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.


Un Environment Guide For Energy Efficiency And Renewable Energy Laws, Richard L. Ottinger Sep 2016

Un Environment Guide For Energy Efficiency And Renewable Energy Laws, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This Guide is written as a sequel to the 2007 UN Environment Programme Handbook for Legal Draftsmen on Environmentally Sound Management of Energy Efficiency and Renewable Energy Resources.

This Guide, as the Handbook, is written in response to needs expressed, particularly by energy efficiency and renewable energy project initiators, government officials, energy managers, project developers and particularly developing country energy legal draftsmen, asking for assistance in drafting legislative provisions for promotion and implementation of sound energy efficiency and renewable energy programs.

The Guide describes the key legal issues associated with efficiency and renewable energy resource development, and presents legislative options …


Extraterritoriality, Externalities, And Cross-Border Trade: Some Lessons From The United States, The European Union, And The World Trade Organization, Max S. Jansson Jun 2016

Extraterritoriality, Externalities, And Cross-Border Trade: Some Lessons From The United States, The European Union, And The World Trade Organization, Max S. Jansson

Pace Environmental Law Review

In this article, process and production method (PPM) rules are analyzed under three jurisdictions: the United States, the European Union (EU), and the World Trade Organization (WTO. The approach is justified by the fact that their rules on interstate trade reflect very similar basic objectives related to anti-protectionism. Moreover, the regimes, to a large extent, share the same structure of rules on prohibition balanced with rules on justification. All in all, the regimes reveal similar syntax. The comparability of the U.S. Dormant Commerce Clause Doctrine with both WTO law and EU free movement law has been highlighted already in previous …


City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski Jun 2016

City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski

Pace Environmental Law Review

This article will begin with a brief history of sustainability reporting, including recent developments related to its adoption by cities. The author will then review two major trends that, considered together, indicate sustainability reporting should be viewed as an emerging legal necessity for municipalities in the United States. First, the exemption shielding cities from the disclosure requirements of securities laws has eroded. Second, sustainability disclosures now fit the definition of what must—as a matter of materiality, if not specific mandates—be reported to investors. This means that the cities that have collectively issued over $3.67 trillion in securities2 should all be …


Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi May 2016

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater …


Pace Energy And Climate Center 2015 Annual Report, Pace Energy & Climate Center Apr 2016

Pace Energy And Climate Center 2015 Annual Report, Pace Energy & Climate Center

Environmental Law Program Publications @ Haub Law

In 2015, Pace Energy and Climate Center continued a 27-year tradition of successfully advancing clean energy policies and solutions in communities across the State of New York and the Northeast region, across the United States, and around the world. As a unique organization that operates at the boundaries between law, policy, business, and regulation, we continue to bring innovative thinking, strong analysis, technological understanding, and stakeholder engagement to the vital climate and energy challenges facing us today.

We have been pleased to become a key player in the New York Public Service Commission’s Reforming the Energy Vision (“REV”) initiative. REV …


Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer Feb 2016

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO2) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …


Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson Feb 2016

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …


Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner Feb 2016

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …


Achieving Very High Pv Penetration, Richard Perez, Karl R. Rábago, Mike Trahan, Lyle Rawlings, Ben Norris, Tom Hoff, Morgan Putnam, Marc Perez Jan 2016

Achieving Very High Pv Penetration, Richard Perez, Karl R. Rábago, Mike Trahan, Lyle Rawlings, Ben Norris, Tom Hoff, Morgan Putnam, Marc Perez

Environmental Law Program Publications @ Haub Law

This article argues that optimally deployed intermittency solutions could affordably transform solar power generation into the firm power delivery system modern economies require, thereby enabling very high solar penetration and the displacement conventional power generation. The optimal deployment of these high‐penetration enabling solutions imply the existence of a healthy power grid, and therefore imply a central role for utilities and grid operators. This article also argues that a value‐based electricity compensation mechanism, recognizing the multifaceted, penetration‐dependent value and cost of solar energy, and capable of shaping consumption patterns to optimally match resource and demand, would be an effective vehicle to …


Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan Jan 2016

Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Article will examine the practical, ethical, legal, and socio-political implications of fossil fuel abolition. First, the Article will consider the practical, ethical, and legal arguments in favor of fossil fuel abolition. Then, the Article will examine possible legal means and authorities to implement abolition in the United States, as well as potential legal objections to fossil fuel abolition. Finally, the Article will consider legal abolition’s capacity to effect the far-reaching changes in our socioeconomic system that a ban on fossil fuels will entail. The Article also will compare the climate reform movement to other social law reform movements in …