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Full-Text Articles in Law

Wind Power Growing Pains, K.K. Duvivier Dec 2015

Wind Power Growing Pains, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The United States loves wind power. Since 2004 alone, U.S. wind capacity has multiplied almost ten times — from about 6.7 gigawatts in 2004 to over 65.9 gigawatts by 2014. This growth in generation potential has been accompanied by a growth in the size of the turbines that deliver that power — from approximately 56 feet in the 1980s to over 300 feet in 2015. As the turbines and meterological or met towers push up into non-surface atmospheric weather layers and navigable airspace over 200 feet, new wake efficiency and competing legal concerns arise.


The Superagency Solution, K.K. Duvivier Apr 2015

The Superagency Solution, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In many parts of the country, hydraulic fracturing has brought energy development onto people’s doorsteps. Efforts by local governments to employ traditional land use mechanisms to study and mitigate some of the impacts of these latest intrusions have erupted into battles over the scope of statewide agencies’ control. Forgotten in this fray are many renewable energy resources. As a general rule, they are not subject to statewide oversight, and consequently renewable energy providers must navigate the myriad of siting and permitting requirements of local jurisdictions. For several years, scholars have urged more statewide renewable energy siting procedures to level the …


The Gardener And The Sick Garden: How Not To Address The Planet's Environmental Issues, Jan G. Laitos, Juliana E. Okulski Jan 2015

The Gardener And The Sick Garden: How Not To Address The Planet's Environmental Issues, Jan G. Laitos, Juliana E. Okulski

Sturm College of Law: Faculty Scholarship

A truly workable environmental strategy would start by being grounded in better, more realistic and empirically accurate models of how nature works, how humans behave, and humankind's relationship to nature. Such an environmental policy would realize that the gardener and the garden are not separate, but one. And this environmental policy would embrace two correlative legal norms: (1) we should recognize a positive right, held by both humans and their natural surroundings, to environmental conditions that may sustain human survivability'; and (2) we should impose an affirmative duty on humans to promote and support natural systems.


Natural Resources Law, Jan G. Laitos, Sandra B. Zellmer Jan 2015

Natural Resources Law, Jan G. Laitos, Sandra B. Zellmer

Sturm College of Law: Faculty Scholarship

This treatise is a thorough assessment of the important and growing field of natural resources law. It provides comprehensive coverage of the laws, policies, and decision-making processes pertinent to the "core "commodity natural resources - rangeland, timber, mineral resources, energy resources, and water. It also covers the management and protection of non-commodity resources, such as wildlife, wilderness, and other types of preservation and recreation lands. As an essential addition to any environmental, natural resources, or public lands library, the book puts natural resources law in context with a review of the National Environmental Policy Act, a history of natural resources …