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Articles 1 - 30 of 38
Full-Text Articles in Law
On The Legal Life-History Of Beaches, Josh Eagle
On The Legal Life-History Of Beaches, Josh Eagle
Faculty Publications
Climate change is, among other things, making it more and more difficult to get to the beach. Recent studies show that rising sea levels have been shrinking America’s beaches through erosion and inundation. This trend is unlikely to slow down anytime soon, and some scientists predict that we will see feet of additional sea-level rise within our lifetimes. While beaches are shrinking, reducing the availability of recreational opportunities for locals and tourists alike, the number of people who want to visit the beach has grown dramatically. The growth in demand is due to a variety of factors, including the very …
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
South Carolina Law Review
No abstract provided.
Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French
Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French
South Carolina Law Review
No abstract provided.
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
South Carolina Law Review
No abstract provided.
A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens
A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens
South Carolina Law Review
No abstract provided.
The Bounds Of Energy Law, Shelley Welton
The Bounds Of Energy Law, Shelley Welton
Faculty Publications
U.S. energy law was born of fossil fuels. Consequently, our energy law has long centered on the material and legal puzzles that bringing fossil fuels to market presents. Eliminating these same carbon-producing energy sources, however, has emerged as perhaps the most pressing material transformation needed in the twenty-first century—and one that energy law scholarship has rightfully embraced. Yet in our admirable quest to aid in this transformation, energy law scholars are largely writing into the field bequeathed to us, proposing changes that tweak, but do not fundamentally challenge, last century’s tools for managing the extraction, transport, and delivery of fossil …
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
Faculty Publications
The Clean Air Act has proven to be one of the most successful and durable statutes in American law. After the Supreme Court’s 2008 decision in Massachusetts v. EPA, there was great hope that the Act could be brought to bear on climate change, the most pressing current environmental challenge of our time. Massachusetts was fêted as the most important environmental case ever decided, and, upon it, the Environmental Protection Agency under President Obama built a sweeping program of greenhouse gas regulations, aimed first at emissions from road vehicles, and later at fossil fuel power plants. It was the most …
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
South Carolina Law Review
No abstract provided.
Just Transitions, Ann M. Eisenberg
Just Transitions, Ann M. Eisenberg
Faculty Publications
The transition to a low-carbon society will have winners and losers as the costs and benefits of decarbonization fall unevenly on different communities. This potential collateral damage has prompted calls for a “just transition” to a green economy. While the term, “just transition,” is increasingly prevalent in the public discourse, it remains under-discussed and poorly defined in legal literature, preventing it from helping catalyze fair decarbonization. This Article seeks to define the term, test its validity, and articulate its relationship with law so the idea can meet its potential.
The Article is the first to disambiguate and assess two main …
Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen
Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen
Faculty Publications
The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we assert that it is useful to understand these challenges collectively, as part of an emerging agenda of …
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle
Faculty Publications
Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would …
Grid Modernization And Energy Poverty, Shelley Welton
Grid Modernization And Energy Poverty, Shelley Welton
Faculty Publications
Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …
Public Energy, Shelley Welton
Public Energy, Shelley Welton
Faculty Publications
Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …
The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson
The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson
Faculty Publications
Climate policy in the United States is near an inflection point. With Congress uninterested in new legislation, focus at the federal level for most of the last decade has been on the Clean Air Act, but whether regulation under that old statute can successfully address carbon emissions remains unclear. Under President Obama, the EPA has focused on two core programs-vehicle emissions standards and the Clean Power Plan, aimed at fossil fuel power plants. But with the latter of these programs under legal challenge, and both falling short of the flexible, economy-wide policy many believe is necessay, academic and policy attention …
Alienation And Reconciliation In Social-Ecological Systems, Ann M. Eisenberg
Alienation And Reconciliation In Social-Ecological Systems, Ann M. Eisenberg
Faculty Publications
After rancher Ammon Bundy’s forceful occupation of the Malheur National Wildlife Refuge to protest federal “tyranny” in 2016, mainstream commentary dismissed Bundy and his supporters as crackpots. But the dismissal of the occupation as errant overlooked this event’s significance. This conflict: 1) involved a clash over scarce natural resources, of the type that will likely gain more frequency and intensity in the face of climate change; and 2) highlighted the popular idea that the federal government and federal environmental regulations are the enemy of the (white, rural, male) worker. This thread of antienvironmental, anti-federal alienation among many working people has …
Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg
Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg
Faculty Publications
This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …
Clean Electrification, Shelley Welton
Clean Electrification, Shelley Welton
Faculty Publications
To combat climate change, many leading states have adopted the aim of creating a “participatory” grid. In this new model, electricity is priced based on time of consumption and carbon content, and consumers are encouraged to adjust their behavior and adopt new technologies to maintain affordable electricity. Although a more participatory grid is an important component of lowering greenhouse gas emissions, it also raises a new problem of clean energy justice: utilities and consumer advocates claim that such policies unjustly benefit the rich at the expense of the poor, given the type of consumer best able to participate in the …
Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg
Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg
Faculty Publications
No abstract provided.
Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle
Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle
Faculty Publications
No abstract provided.
Beyond Science And Hysteria: Reality And Perceptions Of Environmental Justice Concerns Surrounding Marcellus And Utica Shale Gas Development, Ann M. Eisenberg
Beyond Science And Hysteria: Reality And Perceptions Of Environmental Justice Concerns Surrounding Marcellus And Utica Shale Gas Development, Ann M. Eisenberg
Faculty Publications
The debate surrounding the use of hydraulic fracturing (also known as “fracking” or “HF”) to extract natural gas from the Marcellus and Utica shale deposits is often characterized as a tension between economic development and environmental risks. But frequently missing from this dichotomy is the fact that the concerns of many who oppose HF use extend beyond the purely “environmental,” and also include concerns about issues such as “the natural resource curse” and losing autonomy. These concerns ring of “environmental justice” rather than “environmentalism.” Environmental justice espouses the belief that no group should bear disproportionate environmental consequences resulting from industrial …
Comparing The Clean Air Act And A Carbon Price, Nathan D. Richardson, Arthur Fraas
Comparing The Clean Air Act And A Carbon Price, Nathan D. Richardson, Arthur Fraas
Faculty Publications
Over the last half-decade, a variety of federal legislative proposals for limiting greenhouse gas (GHG) emissions have been put forward, most of which would set a price on carbon. As of early 2013, the one politically plausible policy appears to be a carbon tax, passed as part of a larger fiscal reform package. Meanwhile, the U.S. Environmental Protection Agency has begun regulating GHG emissions from a variety of sources using its authority under the Clean Air Act. It may be necessary to choose between these two policies, however. The Waxman-Markey cap-and-trade bill that failed in 2009 would have preempted much …
Cutting Carbon, Take Two: A Brief Guide To Federal Electricity-Sector Climate Policy Without Cap-And-Trade, Nathan Richardson, Joshua Linn
Cutting Carbon, Take Two: A Brief Guide To Federal Electricity-Sector Climate Policy Without Cap-And-Trade, Nathan Richardson, Joshua Linn
Faculty Publications
This paper explores federal policies, other than a carbon price, for reducing emissions from the electric power sector. These policies fall into two major categories: policies that encourage the development of non‐ or low‐emitting energy sources, and regulatory policies under existing legal authority (primarily the Clean Air Act). The paper provides an overview of policy options and a few concrete proposals, along with a summary of insights from economists on their advantages and disadvantages. Economists generally disfavor investment subsidies, but comparing other policy options, including regulatory approaches, technology mandates, and production subsidies, is complex. Excluding existing clean generation from incentive …
Complex And Murky Spatial Planning, Josh Eagle
Complex And Murky Spatial Planning, Josh Eagle
Faculty Publications
No abstract provided.
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Faculty Publications
No abstract provided.
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Faculty Publications
The United States Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under section III of the CAA. This Article takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has important implications …
Tradable Standards For Clean Air Act Carbon Policy, Nathan D. Richardson, Dallas Butraw, Arthur G. Fraas
Tradable Standards For Clean Air Act Carbon Policy, Nathan D. Richardson, Dallas Butraw, Arthur G. Fraas
Faculty Publications
EPA is in the process of regulating U.S. greenhouse gas (GHG) emissions using its powers under the Clean Air Act. The likely next phase of this regulatory program is performance standards under Section 111 of the act for coal plants and petroleum refineries, which the agency has committed to finalize by the end of 2012. Section 111 appears to allow use of flexible, market-based regulatory tools. In this paper, we discuss one such tool, tradable standards. Tradable standards appear to be a legally and politically viable choice for the agency, and evidence suggests they are substantially more cost-effective than traditional …
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Faculty Publications
No abstract provided.
Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle
Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle
Faculty Publications
No abstract provided.
International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson
International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson
Faculty Publications
Offsets, and in particular international offsets, have been advanced as an important tool in climate policy, capable of significantly reducing the costs of emissions reductions. As attention turns to the existing CAA as a potential vehicle for general reduction of GHG emissions, an important question is whether regulation under the statute is compatible with international offsets. Certain regulatory programs under the CAA are likely candidates for GHG regulation, but many of them are legally incompatible with international offsets. Those programs that might permit use of international offsets have other problems that make them unpopular choices for GHG regulation. To the …
Greenhouse Gas Regulation Under The Clean Air Act: Structure, Effects, And Implications Of A Knowable Pathway, Nathan D. Richardson, Arthur G. Fraas, Dallas Butraw
Greenhouse Gas Regulation Under The Clean Air Act: Structure, Effects, And Implications Of A Knowable Pathway, Nathan D. Richardson, Arthur G. Fraas, Dallas Butraw
Faculty Publications
It appears inevitable, absent legislative intervention, that regulation under the Clean Air Act (CAA) will move beyond mobile sources to the industrial and power facilities that emit most U.S. greenhouse gas (GHG) emissions. We analyze the mechanisms available to the EPA for regulating such sources, and identify one, New Source Performance Standards (NSPS) as the most predictable, likely, and practical, i.e. knowable, pathway. Based on the legal structure of the NSPS and the EPA’s traditional approach, we analyze a hypothetical GHG NSPS for one sector, coal electricity generation. This analysis indicates that efficiency improvements and perhaps biomass cofiring could be …