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Full-Text Articles in Law
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
A Catch 22: The Price To Pay For Property Rights Under The Clean Water Act And Administrative Compliance Orders, Lindsey F. Brewer
A Catch 22: The Price To Pay For Property Rights Under The Clean Water Act And Administrative Compliance Orders, Lindsey F. Brewer
Lindsey F. Brewer
Environmental conservationist groups often argue that private-property owners are alert to wetland designations -- especially in their own backyard -- and as a result no procedural due process is necessary for the EPA to issue an administrative compliance order (ACO). But as a practical matter it is very difficult to make a wetland determination, and individual private-property owners are building residential homes on potential wetlands without knowledge. The result is forced and costly compliance with the EPA. The environmental concerns are valid, but property and liberty interests are protected by the Constitution. How can the Court strike a balance between …
Remaking The World To Save It: Applying U.S. Environmental Laws To Climate Engineering Projects, Tracy Hester
Remaking The World To Save It: Applying U.S. Environmental Laws To Climate Engineering Projects, Tracy Hester
Tracy Hester
Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to explore techniques that directly influence or control global and regional climatic systems to offset climate change effects. As climate engineering research expands, U.S. environmental law could become an important forum for efforts to control nascent climate engineering technologies. Federal and state agencies should start now to map out regulatory strategies and guidance for potential requests …
Toward Normative Rules For Agency Interpretation: Defining Jurisdiction Under The Clean Water Act, Robert R.M. Verchick
Toward Normative Rules For Agency Interpretation: Defining Jurisdiction Under The Clean Water Act, Robert R.M. Verchick
Robert R.M. Verchick
Wetlands advocates, from environmentalists to duck hunters, dodged a bullet last year when the Bush Administration dropped plans to narrow its jurisdiction over streams and wetlands. The decision marked a key chapter in a story that began in 2001, when the Supreme Court invalidated part of the Migratory Bird Rule, a regulation that for many years had supported federal protection over some intrastate wetlands. The Court's broad rejection of this narrow rule sent federal jurisdiction under the Clean Water Act into a tailspin. The decision opened debates about tributaries and intermittent streams in the Southwest. It also appeared to narrow …