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- Michael Vandenbergh (2)
- Michigan Journal of Environmental & Administrative Law (2)
- Ryan B. Stoa (2)
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- Articles, Book Chapters, & Popular Press (1)
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- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Scholarship (1)
- Felix Mormann (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Jesse Reynolds (1)
- St. Mary's Law Journal (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Michigan Journal of Law Reform (1)
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Articles 1 - 17 of 17
Full-Text Articles in Law
The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh
The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh
Michael Vandenbergh
No abstract provided.
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
Michael Vandenbergh
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …
Abandoned But Not Forgotten: Improperly Plugged And Orphaned Wells May Pose Serious Concerns For Shale Development, Bret Wells, Tracy Hester
Abandoned But Not Forgotten: Improperly Plugged And Orphaned Wells May Pose Serious Concerns For Shale Development, Bret Wells, Tracy Hester
Michigan Journal of Environmental & Administrative Law
This Article addresses the intersection of oil and gas law and environmental law on a topic that has profound significance for the nation’s oil industry and for the environment. In this regard, the Permian Basin is experiencing a renaissance that has fundamentally impacted oil production in the United States. Horizontal drilling and hydraulic fracturing now allow the industry to produce in the Permian Basin’s unconventional shale formations in ways that were unimaginable a decade ago. But, the hot shale plays within the Permian Basin exist above conventional fields that are littered with a century’s worth of abandoned wells. Fracturing new …
Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks
Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks
St. Mary's Law Journal
Abstract forthcoming
Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig
Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig
University of Arkansas at Little Rock Law Review
No abstract provided.
Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann
Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann
Felix Mormann
This article introduces an investor-oriented framework for the evaluation of renewable energy policy, applies these newly developed criteria to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.
The multi-trillion dollar task of scaling renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century. It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …
Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation, Elizabeth Ann Glass Geltman
Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation, Elizabeth Ann Glass Geltman
University of Michigan Journal of Law Reform
This Article explores the Trump regulatory reform agenda and its potential impact on environmental determinants of health. The Article begins with a discussion of the Department of Commerce’s (DOC or Commerce) initial fact-finding investigation to evaluate the impact of federal regulations on domestic manufacturing. The Article next presents an overview of the Trump administration’s regulatory reform formula as announced in E.O. 13771 and the interim guidance explaining E.O. 13771 and E.O. 13777 (the executive order announcing the Trump administration’s plans to enforce the regulatory reform plan announced in E.O. 13771). The Article then examines the federal agency initiatives undertaken in …
Tiny Things With A Huge Impact: The International Regulation Of Nanomaterials, Dario Picecchi
Tiny Things With A Huge Impact: The International Regulation Of Nanomaterials, Dario Picecchi
Michigan Journal of Environmental & Administrative Law
Mounting evidence demonstrates that nanotechnology and nanomaterials impose severe environmental risks. To minimize these risks, the usage and handling of certain nanomaterials could be addressed under existing treaties such as the Rotterdam Convention, the Stockholm Convention, and the Basel Convention. However, even if existing treaties govern the handling of certain nanomaterials, no treaty effectively regulates all the specific challenges that nanomaterials pose to the global environment. Consequently, a completely new regulatory instrument is required. An international organization could take responsibility for developing and promoting such a nanospecific international legal framework. By incorporating the precautionary principle, a technology transfer, research cooperation, …
Foreword: Private, Environmental, Governance, Joshua Ulan Galperin
Foreword: Private, Environmental, Governance, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
This essay is the invited foreword to the 2017 J.B & Maurice C. Shapiro Environmental Law Symposium issue of the George Washington Journal of Energy and Environmental Law. The 2017 symposium was dedicated to the issue of private environmental governance. This essay recognizes the incredible growth of private environmental governance as an area of study in the legal academy. In addition to introducing the various contributions to the symposium issue, this essay proposes that rather than merely studying "private environmental governance" as an independent concept, scholars should look closely at the individual components, "private," "environmental," and "governance," to better understand …
Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa
Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa
Ryan B. Stoa
Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the "Regulate Marijuana Like Alcohol Act." For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more …
Cooperative Federalism In Biscayne National Park, Ryan Stoa
Cooperative Federalism In Biscayne National Park, Ryan Stoa
Ryan B. Stoa
Biscayne National Park is the largest marine national park in the United States. It contains four distinct ecosystems, encompasses 173,000 acres (only five percent of which are land), and is located within densely populated Miami-Dade County. The bay has a rich history of natural resource utilization, but aggressive residential and industrial development schemes prompted Congress to create Biscayne National Monument in 1968, followed by the designation of Biscayne National Park in 1980. When the dust settled, Florida retained key management powers over the Park, including joint authority over fishery management. States and the federal government occasionally share responsibility for regulating …
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
All Faculty Scholarship
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to promote greater use of fossil fuels are disregarding climate science. This Article argues that this massive and historic deregulation may spawn yet another wave of legal innovation as litigants, including states and their political subdivisions, return to the common law to protect the health of the planet. Prior to the emergence of the major federal environmental laws in the 1970s, the common law of nuisance gave rise to the earliest environmental decisions in U.S. history. In …
The Fatal Failure Of The Regulatory State, W. Kip Viscusi
The Fatal Failure Of The Regulatory State, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The impact of government policies depends on their design, implementation, and enforcement.! The administrative law literature focuses primarily on matters of regulatory structure.2 Government agencies entrusted with protection of the environment and promotion of health and safety foster these objectives by designing and promulgating regulations that are sometimes quite stringent.' Whether these regulations will in fact generate their intended effects depends on whether they create sufficient economic incentives to discourage risky behavior...
The Article begins by documenting the low values currently placed on life in regulatory enforcement efforts. Part I presents examples involving job safety, food safety, motor-vehicle safety, and …
Toward A Principled Design Of Provincial Cap & Trade Systems: Lessons From Nova Scotia's Proposal To Meet The Carbon Pricing Requirement In The Pan-Canadian Framework For Climate Change, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article explores the Cap & Trade System proposed by the province of Nova Scotia in response to the call in the Pan-Canadian Framework on Clean Growth and Climate Change for all provinces to implement a carbon pricing mechanism. The proposed C & T system itself and the way it has been developed offers insights into ongoing debates in the governance of climate mitigation. The first debate is about the strength and weaknesses of various carbon pricing mechanisms, most notably the carbon tax and cap and trade systems. The second debate is about the relative importance of carbon pricing and …
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Faculty Scholarship
As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.- …
Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee
Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The virtues and effects of federalism continue to generate political, judicial and scholarly ferment. While some federalism partisans champion exclusivity and separation, others praise the more common political choice to retain federal and state regulatory overlap and interaction. Much of this work, however, focuses on government learning or rule clarity, giving little or no attention to how different federalism choices can heighten or hedge risks of regulatory failure and policy reversal. These debates play out with unusual fervor and with high stakes in battles over climate change regulation. Despite broad agreement that any effective climate policy intervention must include national …
Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering
Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering
Jesse Reynolds