Law Commons^™

The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly

Erin Daly

No abstract provided.

How Environmental Review Can Generate Car-Induced Pollution: A Case Study, Michael Lewyn

Michael E Lewyn

The National Environmental Policy Act (“NEPA”) requires federal officials to draft an environmental impact statement (“EIS”) describing the environmental impact of proposed federal actions that significantly affect the environment, as well as analyze the environmental impacts of alternatives to the proposed action. Almost two dozen states have adopted “little NEPA” statutes imposing similar requirements upon state and/or local governments.

This article focuses on one of the strictest little NEPA statutes: New York's State Environmental Quality Review Act (“SEQRA”). While most little NEPA statutes cover only government projects,SEQRA also covers private sector projects requiring municipal permits. Furthermore, SEQRA requires the government …

Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels In Directive 2009/28/Ec, Evgenia Pavlovskaia

Evgenia Pavlovskaia

To function efficiently, a framework in environmental law should contain certain mechanisms or supplementary elements that facilitate the implementation and enforcement of environmental regulations, for example such mechanisms and elements that answer for the control and supervision of the legislated requirements. Appropriately organized control mechanisms are important for a legal framework to function as it has been aimed for and to fulfill its purposes. The present article is focused on the analysis of the mechanisms chosen to control the fulfillment of the European Union (EU) sustainability criteria for transport biofuels, which have been presented in Directive 2009/28/EC. The analysis is …

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …

Legal Analysis Of The Eu Policy For Sustainable Transport Biofuels, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Warnings about limited oil resources, as well as the necessity to reduce GHG emissions and secure energy supply1 have become prioritized issues on the EU agenda. It has been suggested to partially replace traditional fossil fuels with other sources of renewable energy, for example with biofuels in the transport sector. This has been seen as a promising solution for complications connected with the extraction and supply of oil, as well as for the reduction of GHG emissions. It has also become understandable that the quality of biofuels and their production methods need to be sustainable. The material, from which biofuels …

The Eu Policy For Sustainable Transport Biofuels And Directive 2009/28/Ec From A Legal Perspective, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The enforcement and implementation of separate aspects of sustainable development and environmental sustainability can be challenging and innovative due to the complexity of this task. Appropriate policy and legal approaches and tools can be needed for this purpose. In this article, the European Union (EU) experience of developing the framework for sustainable transport biofuels and special structural elements for its enforcement are highlighted and analyzed. The central legal acts in this area, including Directive 2003/30/EC, Directive 2009/30/EC and Directive 2009/28/EC are explored. Advantages and disadvantages of the EU approach to sustainable transport biofuels are discussed. Suggestions for the future development …

Environmental Sustainability Criteria In The Coffee Sector – Lessons That Can Be Learnt, Evgenia Pavlovskaia

Evgenia Pavlovskaia

In the article, the issue of environmental sustainability criteria in the coffee sector is researched. Such important aspects in this topic are highlighted and discussed as reasons for the emergence of sustainability criteria for coffee and factors that make the production of coffee sustainable. Two widely used sustainability standards for coffee, the Fair Trade Coffee sustainability standard and the Utz Certified Coffee sustainability standard, are investigated more precisely. The environmental requirements of these standards in the form of environmental sustainability criteria, and mechanisms to control their fulfilment are outlined. The issue of control is separately highlighted, because it is considered …

Carbon Capture And The Information Quality Act, Brendan Burke

Brendan Burke

In January 2014, the U.S. Environmental Protection Agency (EPA) issued a proposed new source performance standard (NSPS) under the Clean Air Act for carbon dioxide (CO2) emissions from new or modified electric utility plants that will effectively require implementation of a process known as carbon capture and sequestration (CCS). The new rule would limit CO2, a previously unregulated greenhouse gas emission, from such generation facilities to a rate of 1,100 pounds per megawatt-hour. Energy producers, especially those employing coal-fired plants, are strongly opposed to these limits. In February 2014, the Center for Regulatory Effectiveness sent a letter to the EPA …

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Erin Ryan

Behavioral Approaches To Environmental Policy Analysis: A Case Study Of Offshore Wind Energy In The North American Great Lakes, Erik Edward Nordman

Erik Edward Nordman

Behavioral economics, including prospect theory, offers new approaches to environmental policy analysis. The utility of behavioral approaches to environmental policy analysis is illustrated using a case study of offshore wind energy policy in Michigan, USA. Michigan has attempted to clarify the permitting process for offshore wind energy but those efforts have failed. Prospect theory suggests that Michigan legislators are, for the most part, risk averse to policy reforms as the state emerges from its “one-state recession” and into a gains domain. Legislators from some coastal districts perceive offshore wind development as a threat to coastal quality of life, are risk-seeking …

Risk Tradeoff Analysis, Public Opinion And Nuclear Safety: A Spanish Case Study, Xiao Recio-Blanco

Xiao Recio-Blanco

The 2011 nuclear accident at Fukushima-Daiichi nuclear power plant opened a heated worldwide debate over nuclear energy. Unfortunately, neither the previous nor current Spanish governments have publicized the evidence used to evaluate the merits of extending the lifespan of Spain’s own Garoña plant. This article uses the Garoña case for a twofold purpose. First, the article analyzes the accountability of Spain’s executive power decisions on potentially catastrophic industrial activities. The paper finds that the lack of appropriate information disclosure duties in Spain may allow the government to abuse its discretion on actions potentially damaging to human health and the environment. …

Public Lands And The Federal Government’S Compact-Based “Duty To Dispose”: A Case Study Of Utah’S H.B. 148 – The Transfer Of Public Lands Act, Donald J. Kochan

Donald J. Kochan

Recent legislation passed in March 2012 in the State of Utah — the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”) — has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of …

Response To Svoboda And Irvine (Ethical And Technical Challenges In Compensating For Harm Due To Solar Radiation Management Geoengineering), Jesse Reynolds

Jesse Reynolds

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Jesse Reynolds