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Articles 1 - 7 of 7
Full-Text Articles in Law
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford C. Mank
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford C. Mank
San Diego Law Review
An important unresolved question is whether non-state plaintiffs have standing under Article III of the U.S. Constitution to sue in federal courts in climate change cases. In Massachusetts v. EPA, the Supreme Court held a state government could sue the U.S. government to address climate change issues, and suggested, but did not decide, that private litigants might have lesser rights than states. In Washington Environmental Council v. Bellon, the Ninth Circuit held that private groups did not have standing to challenge Washington State’s failure to regulate greenhouse gas (GHG) emissions from five oil refineries, and implied that private plaintiffs may …
Clever Titles And Insurance Don't Mix: How Dodging Liability Will Allow Insurance Companies To Become A Major Player In Climate Change Law And Policy Reform, Samantha Daily
San Diego Journal of Climate & Energy Law
While some of the worlds governments and industries have taken action and enforced regulations attempting to mitigate the effects of climate change, the United States has been slow to join. An increasing number of groups and public figures in the United States, however, have started to strongly advocate for climate change policy reform including stricter laws and policies. The insurance sector is a group that can influence the United States to take actions to mitigate the effects of climate change.
The insurance industry comprises a significant part of the United States economy. In 2013, net premiums written for the property …
A "Switching Costs" Approach: Epa's Clean Power Plan As A Model For Allocating The Burden Of Carbon Reductions Among Nations, Michael Barsa, David Dana
A "Switching Costs" Approach: Epa's Clean Power Plan As A Model For Allocating The Burden Of Carbon Reductions Among Nations, Michael Barsa, David Dana
San Diego Journal of Climate & Energy Law
In Part I, this paper reviews the allocation plans that have been tried so far on an international scale and why they have not succeeded. In Part II, the paper explains EPA's Clean Power Rule and what we are calling the switching opportunities approach that is at least roughly suggested by the Rule. In Part III, the paper discusses the two different "cost-sensitive" approaches adopted by the EPA under the Clean Air Act so far, and in Part IV, the paper discusses the basis for using the Clean Power Plan as a model and the advantages and disadvantages of "scaling …
The Dirty Effects Of Clean Energy Technology: Supportive Regulations To Promote Recycling Of Lithium Ion Vehicle Batteries, Liz Harland
San Diego Journal of Climate & Energy Law
The discovery of potential environmental, geo-political, and human health concerns from the production and disposal of millions of Li-ion batteries each year demands stronger government policies to encourage recovery, recycling and reuse of Li-ion battery materials. The increasing demand for lithium will potentially shift the resource curse experienced by oil-rich countries to lithium-rich countries in South America, such as Chile, Argentina, and Bolivia. Part II of this Comment provides an overview of the negative impacts associated with the mining, production, and disposal of Li-ion batteries. It examines the environmental and human health effects of mining lithium on surrounding communities, and …
Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey
Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey
San Diego Journal of Climate & Energy Law
Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.
Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy, Nancy Shurtz
Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy, Nancy Shurtz
San Diego Journal of Climate & Energy Law
In the absence of effective international and federal initiatives to combat the impacts of global climate change, many state, local and regional jurisdictions are passing or proposing measures to curb carbon dioxide (CO2) emissions. The province of British Columbia, Canada, as well as the cities of San Francisco, California and Boulder, Colorado have carbon taxes in place, and similar actions have been proposed in the Oregon and Washington state legislatures. The state of California and the province of Québec have linked together in a joint cap-and-trade system. This Article will examine the fundaments of carbon taxation, including identification of the …