Law Commons^™

Guest Perspective: Energy Efficiency And Conservation: The Most Cost-Effective Approach To Climate Change, John Dernbach

John C. Dernbach

No abstract provided.

State Initiatives, David Hodas

David R. Hodas

No abstract provided.

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.

Making A Good Idea Even Better: Rethinking The Limits On Supplemental Environmental Projects, Kenneth Kristl

Kenneth T Kristl

Supplemental Environmental Projects (SEPs) allow a defendant in an enforcement action under federal environmental laws to reduce its civil penalty by agreeing to undertake an environmentally beneficial project it would not otherwise be required to do. Properly structured, SEPs benefit the enforcement plaintiff, the defendant, and the environment, and federal policy encourages the use of SEPs. A first of its kind examination of SEP utilization rates in federal enforcement actions finds that—despite active encouragement within and by EPA—SEPs are only used in about 13% of federal enforcement cases. After examining the development of federal policy concerning SEPs, likely explanations for …

Environmental Ethics And Cost-Benefit Analysis, Stephen Clowney

Stephen Clowney

Appliance Energy Efficiency Labels And Standards, David R. Hodas

David R. Hodas

No abstract provided.

Ecosystem Subsidies Of Fossil Fuels, David R. Hodas

David R. Hodas

Ecosystems provide the invaluable service of collecting and storing solar energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated forms of energy were gifted to us by the sun and collected and stored for our use by ancient ecosystem services. However, our legal and economic systems fail to recognize the value of this ecosystem service that is embedded in fossil fuels. As a result, society uses fossil fuels as though they were free and inexhaustible. This market failure means that fossil fuels are being consumed more quickly than they can be replenished, which in turn has affected …

Constitutional Law: 2007 Year In Review, James R. May

James R. May

No abstract provided.

Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez

Carmen G. Gonzalez

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU's GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate …

Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach

John C. Dernbach

No abstract provided.

In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

Donald J. Kochan

Significant research has been conducted into the utilization of geothermal resources as a ‘green’ energy source. However, minimal research has been conducted into geothermal resource utilization and depletion impacts on thermophile biodiversity. Thermophiles are organisms which have adapted over millions of year to extreme temperature and chemical compositions and exist in hot springs and other geothermal resources. Their ability to withstand high temperatures makes them invaluable to scientific and medical research. Current federal and California case law classify geothermal resources as a mineral, not a water resource. Acquisition of rights to develop a geothermal resource owned or reserved by the …