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Articles 1 - 4 of 4
Full-Text Articles in Law
Air Pollution Emissions During Startups, Shutdowns, And Malfunctions, Arnold W. Reitze Jr.
Air Pollution Emissions During Startups, Shutdowns, And Malfunctions, Arnold W. Reitze Jr.
Utah OnLaw: The Utah Law Review Online Supplement
Air pollution emission limitations on stationary sources are usually based on what is achievable during normal operation, but these requirements cannot always be met during the startup or shutdown of either specific processes or the entire facility. Moreover, malfunctions occur even at facilities that are well designed and operated. How startup, shutdown, and malfunction (SSM) events should be handled under the Clean Air Act (CAA) is controversial. The issue is complicated by the fact that under the CAA the implementation and enforcement of the Act is usually delegated to the states, which have parallel requirements in their federally approved state …
Nepa—Substantive Effectiveness Under A Procedural Mandate: Assessment Of Oil And Gas Eiss In The Mountain West, John C. Ruple, Mark Capone
Nepa—Substantive Effectiveness Under A Procedural Mandate: Assessment Of Oil And Gas Eiss In The Mountain West, John C. Ruple, Mark Capone
Wallace Stegner Center for Land, Resources, and the Environment publications
This paper empirically evaluates whether Environmental Impact Statements (EISs) for oil and natural gas field development projects lead to a significant reduction in environmental impacts. Based on our statistical analysis of projects within a four-state region, we conclude that EIS preparation does appear to produce final decisions that are substantially less impactive on the environment when compared to initially proposed projects. Impact reductions occur primarily between the Draft EIS and Final EIS, with minor reductions occurring between the Final EIS and Record of Decision. While reductions may be partially attributable to other legal requirements (such as Clean Air Act, Clean …
Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind
Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind
Utah Law Faculty Scholarship
In order to effectively adapt to climate change, public officials and other stakeholders need to rapidly enhance their understanding of local risks and ability to collaboratively and adaptively respond. We argue that science-based role-play simulation exercises, a type of ‘serious game’ involving face-to-face mock decision-making, have considerable potential as education and engagement tools for enhancing readiness to adapt. Prior research suggests role-play simulations and other serious games can foster public learning and encourage collective action in public policy-making contexts. However, the effectiveness of such exercises in the context of climate change adaptation education and engagement has heretofore been underexplored. We …
The Neoliberal Turn In Environmental Regulation, Jason J. Czarnezki, Katherine Fiedler
The Neoliberal Turn In Environmental Regulation, Jason J. Czarnezki, Katherine Fiedler
Utah Law Review
Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …