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Articles 1 - 4 of 4
Full-Text Articles in Law
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Amy L. Stein
Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
The Tipping Point Of Federalism, Amy L. Stein
The Tipping Point Of Federalism, Amy L. Stein
Amy L. Stein
As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate the …
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
Amy L. Stein
Part I of this article provides a brief background to fish stocking practices in the United States, including a discussion of beneficial fish stocking practices, as well as some of the allegations surrounding the detrimental effects. Part II of this article provides some necessary background on section 9 of the ESA, the “actual injury” prong, the “significant impairment” prong, and their application to fish stocking. Part III of this article sets forth recommendations for future clarification and increased consistency on these issues. Specifically, this article supports the use of two rules that can help reconcile the uncertain landscape surrounding a …
Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein
Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein
Amy L. Stein
After fifteen years and six billion dollars, the United States still lacks a viable long-term solution to the mounting levels of high-level nuclear waste scattered across the nation in 68 sites. The Nuclear Waste Policy Act of 1982 (“NWPA”) and its 1987 Amendments have driven regulators to approve Yucca Mountain, Nevada, for burial of the 37,000 metric tons of nuclear waste in need of a final resting place. In the NWPA, Congress set January 31, 1998 as the deadline by which the Department of Energy (“DOE”) was to dispose of the utilities' nuclear waste. However, litigation challenges, scientific uncertainty, and …