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Articles 1 - 3 of 3
Full-Text Articles in Law
Can States Regulate Hydropower Dams As Dischargers Pursuant To Their Clean Water Certification Authority?, Robert H. Abrams
Can States Regulate Hydropower Dams As Dischargers Pursuant To Their Clean Water Certification Authority?, Robert H. Abrams
Journal Publications
Under §401 of the Clean Water Act, 33 U.S.C §13·n, to obtain a federal license for any activity that results in a "discharge into the navigable waters," the license applicant must obtain a certification from the state in which the activity takes place that the discharge complies with several aspects of state water-quality regulation under the Clean Water Act. A common setting in which this requirement has been applied is when a hydropower dam seeks to be relicensed by the Federal Energy Regulatory Commission (FERC).
Dawn Of A New Era In The Extraterritorial Application Of U.S. Environmental Statutes: A Proposal For An Integrated Judicial Standard Based On The Continuum Of Context, Randall S. Abate
Journal Publications
Congress has the authority to enact laws beyond the territorial boundaries of the United States. However, whether Congress intended to exercise extraterritorial authority in a given statute is a matter for the courts to ascertain through statutory interpretation. When considering the reach of federal legislation, courts are guided by a presumption against extraterritoriality. Part I of this Article discusses the origins and evolution of the presumption against extraterritoriality before and after the landmark decision in Aramco. Part II addresses the continuum of context paradigm from Massey and describes the extraterritorial application of U.S. environmental statutes. Part III of the Article …
Kyoto Or Not, Here We Come: The Promise And Perils Of The Piecemeal Approach To Climate Change Regulation In The United States, Randall S. Abate
Kyoto Or Not, Here We Come: The Promise And Perils Of The Piecemeal Approach To Climate Change Regulation In The United States, Randall S. Abate
Journal Publications
Climate change is a pervasive, yet controversial, problem. During the six months leading up to the Kyoto negotiations, President Clinton faced a major challenge when he tried to rally support at home for binding reductions on GHG emissions. Despite political and industry concerns about its potential economic impacts, the United States signed the Kyoto Protocol; however, the Bush administration withdrew from the Protocol in 2001. Part I of the Article analyzes the U.S. federal regulatory approach to climate change. Part II explores representative state, regional, and local attempts to combat climate change, whereas Part III describes voluntary compliance initiatives in …