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Full-Text Articles in Law
Intergovernmental Coordination Of Power Development And Environmental Protection Act, Garrett Power
Intergovernmental Coordination Of Power Development And Environmental Protection Act, Garrett Power
Garrett Power
No abstract provided.
More About Oysters Than You Wanted To Know, Garrett Power
More About Oysters Than You Wanted To Know, Garrett Power
Garrett Power
No abstract provided.
Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers
Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers
Garrett Power
Preface The Chesapeake Bay is the most studied and best understood estuary in the United States. Yet, it is practically unexamined in the areas of the social sciences and the humanities. While millions of dollars have been spent on producing the thousands of studies that examine the physical, biological, chemical, and engineering aspects of the Bay, little attention has been given to understanding the political, cultural, and economic character of Bay governance. The relationship of the governments of Maryland and Virginia to the Bay is imperfectly documented. Government documents which do exist are scattered in various libraries in both states …
Greening Historic Dc: Challenges And Opportunities To Incorporate Historic Preservation Into The District's Drive For Sustainable Development, Andrew Stein
Georgetown Law Historic Preservation Papers Series
This paper focuses primarily on the District of Columbia, a city with a robust past and a bold agenda for a sustainable future. However, it may not be obvious why historic preservation - a movement typically concerned with aesthetics - can play an integral role in a city's sustainability initiative. Therefore, this paper first sets forth the basic argument why historic preservation can be a tool to promote sustainable development. Part II examines the scientific data indicating that historic preservation is a green building practice. Next, Part III posits that investment in historic districts is an investment in sustainability. Then, …
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, Scott A. Shepard
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, Scott A. Shepard
Scott A. Shepard
Western-state non-riparian water-law regimes remain legally vital and highly useful in the age of increased scarcity and ecological concern. Claims that the property rights central to these regimes can be revoked without Fifth-Amendment takings implications – as a result of applying various doctrines or of limitations inherent in the rights as granted – are historically and legally unsound, and doctrinally unwise. Declaring water rights non-compensable would require accepting a maxim of legal interpretation that could not be limited to the water-rights (or even property-rights) context, and would render all constitutional guarantees liable to negation without constitutional process. Moreover, such a …
Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville
Mark L. Belleville
The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
Erin Ryan
As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …