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Articles 121 - 150 of 169
Full-Text Articles in Environmental Law
Energy And Animals: A History Of Conflict, Alexandra B. Klass
Energy And Animals: A History Of Conflict, Alexandra B. Klass
San Diego Journal of Climate & Energy Law
Environmental groups, federal and state agencies, and others who support the development of renewable energy have struggled in recent years with the adverse impacts of such development on animals and animal habitat. Although renewable energy development has the benefit of creating energy without the greenhouse gas emissions associated with traditional energy development, it does so through an intensive use of land, including federal public lands, thus competing with habitats for protected species and other wildlife. Conflicts between energy and animals, of course, are nothing new. Congress, agencies, and courts have attempted for decades to balance the public interest in domestic …
Port And Coastal State Control Of Atmospheric Pollution, Michael W. Reed
Port And Coastal State Control Of Atmospheric Pollution, Michael W. Reed
San Diego Journal of Climate & Energy Law
Controlling atmospheric pollution which originates beyond national borders always presents difficult issues. The problems are multiplied when the source is a merchant vessel, registered under a foreign flag of convenience and operating seaward of state and federal sovereign limits. Nevertheless, international law provides alternative approaches through which the coastal sovereign may protect its onshore environmental interests.
The purpose of this paper is to lay out the problems, both factual and legal, and discuss means by which they may be resolved. California is used as a case study. The state has long suffered from excessive air pollution. Congress acknowledged the state?s …
Regulation, Climate Change, And The Electric Grid, Davod B. Spence
Regulation, Climate Change, And The Electric Grid, Davod B. Spence
San Diego Journal of Climate & Energy Law
In Part I of this essay, I outline some of the background characteristics of the electric grid, the way it is operated, and the way regulators and grid operators manage the sale and transmission of electricity across it. In Part II, I explore the opportunities and potential problems associated with integrating intermittent, renewable sources of electric generation into the grid. This discussion includes a review of a number of recent studies examining the GHG emissions effects of using fossil fueled generation to back up wind power, as well as the U.S. Federal Energy Regulatory Commission?s (FERC) recent rulemakings addressing this …
The Politics Of Clean Energy: Moving Beyond The Beltway, Joseph P. Tomain
The Politics Of Clean Energy: Moving Beyond The Beltway, Joseph P. Tomain
San Diego Journal of Climate & Energy Law
This Article argues that the United States can achieve a new and smart energy policy and that we are taking active steps in this direction. Off of the Hill, at 1600 Pennsylvania Avenue, there is clear thinking about clean energy. Consider President Obamas choice for Secretary of Commerce, John Bryson. Bryson has been the CEO of a public electric utility, a founder of the Natural Resources Defense Council, and sits on the boards of such organizations as Boeing and Disney and clean energy firms like Coda Automotive and BrightSource Energy exactly the right job description for a clean energy advocate. …
Space Commercialization: The Need To Immediately Renegotiate Treaties Implicating International Environmental Law, Alexander G. Davis
Space Commercialization: The Need To Immediately Renegotiate Treaties Implicating International Environmental Law, Alexander G. Davis
San Diego Journal of Climate & Energy Law
Outer space is truly the final frontier for both scientific exploration and frontier-style commercialization. Given its extra-national nature, international treaties have formed the basis of space law, but these treaties predate any notion of the true potential for space commercialization. The private sector has relied on this regulation-free industry when developing its spacecraft, mission structure, and operating procedures, often to the detriment of Earth's and its surrounding environment, with space debris, i.e. space junk or space trash, and greenhouse gas emissions being the primary externalities. This Comment provides a background on the commercial space industry and applicable law and treaties, …
Administrative Absurdity: Why The Judiciary Should Uphold Epa's Use Of The Administrative Necessity And Absurd Results Doctrines Within The Tailoring Rule., David P. Vincent
Administrative Absurdity: Why The Judiciary Should Uphold Epa's Use Of The Administrative Necessity And Absurd Results Doctrines Within The Tailoring Rule., David P. Vincent
San Diego Journal of Climate & Energy Law
This Comment analyzes the strengths and weaknesses of the arguments advanced by EPA as well as its opponents regarding the Agencys reliance on these administrative law doctrines to tailor PSD and Title V applicability criteria. The Comment concludes with an explanation of why the judiciary will likely rule in EPAs favor in this instance.
Part I of this Comment introduces the Tailoring Rule, including its background and the emissions thresholds it seeks to implement regarding PSD and Title V programs. Part II presents EPAs legal basis for the creation and subsequent implementation of the Tailoring Rule, including the concept of …
Why Not A Regional Approach To State Renewable Power Mandates?, Kirsten H. Engel
Why Not A Regional Approach To State Renewable Power Mandates?, Kirsten H. Engel
San Diego Journal of Climate & Energy Law
There is much to be said in favor of a regional approach with respect to renewable energy mandates. First, uniformity in the particulars of state RPS laws would assist the growing interstate renewable energy market. Second, allowing renewable power that is generated anywhere but delivered locally to satisfy the RPS of any of the states within the region, should enhance the reliability of the market for renewable power, increase the amount of intermittent power accommodated by the grid, and lower the price of renewable power. Each of these effects will strengthen the regional market for renewable power to the overall …
Clean Energy And The Price Preemption Ceiling, Jim Rossi
Clean Energy And The Price Preemption Ceiling, Jim Rossi
San Diego Journal of Climate & Energy Law
Part I of this Article provides an illustration of the feed-in tariff one clean energy innovation many state and municipal governments have enacted to encourage investment in renewable energy. In a nutshell, the feed-in tariff is a secure contract for renewable power at a set price over a term of years that provides a return to investors in these projects, such as a homeowner installing a solar panel or wind turbine. Part II of this Article describes preemption issues that have risen with feed-in tariffs under two federal statutes the Public Utility Regulatory Policies Act of 1978, which requires utilities …
Effective Renewable Energy Policy: Leave It To The States?, Steven Weissman
Effective Renewable Energy Policy: Leave It To The States?, Steven Weissman
San Diego Journal of Climate & Energy Law
The federal system employed in the United States offers many models for cooperation between the federal government and the states in pursuit of important policy objectives. Under the Clean Air Act, the U.S. Environmental Protection Agency can establish air quality standards and delegate enforcement to the states. The Coastal Zone Management Act empowers states to establish plans for management of ocean waters close to shore and to have a say related to offshore projects that are in federal jurisdictional waters. The Surface Mining Control and Reclamation Act of 1977 allows coal states to set and enforce their own rules related …
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
San Diego International Law Journal
This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.
Carbon Down Under - Lessons From Australia: Two Recommendations For Clarifying Subsurface Property Rights To Facilitate Onshore Geologic Carbon Sequestration In The United States, Tracy J. Logan
San Diego International Law Journal
This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of …
An Environmental Competition Statute, David M. Driesen
An Environmental Competition Statute, David M. Driesen
San Diego Journal of Climate & Energy Law
The next generation of environmental law should use economic incentives to creatively stimulate innovation in environmental technology. This Article proposes an environmental competition statute as a means of stimulating movement toward a more sustainable future. Such a statute would authorize those who achieve low emissions to collect the cost of achieving low emissions plus a premium from competitors with higher emissions.
This Article briefly explains the value of using this mechanism. It then canvasses the problems with the first and second generation of environmental law that an environmental competition statute can help us overcome. A detailed description of an environmental …
Climate Change Law In And Over Time, Richard J. Lazarus
Climate Change Law In And Over Time, Richard J. Lazarus
San Diego Journal of Climate & Energy Law
The critical lesson for climate change legislation is that the pending lawmaking moment must include the enactment of provisions specifically designed to maintain the legislation’s ability to achieve its long-term objectives over the longer term. For climate change legislation to be successful, the new legal framework must simultaneously be flexible in certain respects and steadfast in others. Flexibility is necessary to allow for the modification of legal requirements over time in light of new information. Steadfastness or “stickiness” is important to maintain the stability of a law’s requirements over time. The need for both is particularly great for climate change …
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
San Diego Journal of Climate & Energy Law
Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.
How To Love The One You're With: Changing Tax Policy To Fit Cap-And-Trade, Roberta Mann
How To Love The One You're With: Changing Tax Policy To Fit Cap-And-Trade, Roberta Mann
San Diego Journal of Climate & Energy Law
This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument …
Looking Back To Move Forward: Revisiting The Btu In Evaluating Current Policy Alternatives, Walter Wang
Looking Back To Move Forward: Revisiting The Btu In Evaluating Current Policy Alternatives, Walter Wang
San Diego Journal of Climate & Energy Law
To evaluate the current policy alternatives, it is necessary to take a step back and revisit the Btu tax proposed by the Clinton Administration. Although seventeen years have passed since the Btu tax was proposed, and the U.S. is at war in theaters that are much different from those in which it was involved during the Clinton Administration, the landscape of the climate change debate has not changed dramatically. The lessons learned from the policies espoused by the Btu tax proposal may be critical in determining how to best approach climate change legislation today.
The Effects Of Brazilian Agricultural Property Policies And International Pressures On The Soybean Industry: Incentives For Amazon Deforestation And How It May Be Reduced, Tyler E. Hazen
San Diego Journal of Climate & Energy Law
This Article begins in Part II with an overview of the Amazonian environment and the rise of soybeans as a lucrative export product. Part III discusses how Brazilian property law and land use culture has facilitated transformation of land for cultivation and ultimately, deforestation. Part IV discusses international reaction to Brazil’s sovereignty over the Amazon, including European import practices such as protectionism, desire for hormone-free products, as well as market incentives for soy raised on land that was not deforested. Finally, Part V offers solutions for working within the current system, aggressively supporting the policies against deforestation while respecting the …
Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister
Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister
San Diego Journal of Climate & Energy Law
This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …
Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan
Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan
San Diego Journal of Climate & Energy Law
As part of the University of San Diego Law School’s Second Annual Climate and Energy Law Symposium, we decided to review the enforcement provisions of the main federal greenhouse gas control options, with a view to drawing lessons from that review that could inform policy choices and program design. Our review suggests that there are relative strengths and weaknesses, as well important tradeoffs to be made, in the enforcement provisions of each of the leading candidate programs. Our review further suggests that some revisions should be made to these provisions to help ensure that the greenhouse gas control programs meet …
Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik
Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik
San Diego International Law Journal
This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.
Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen
San Diego International Law Journal
Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …
Energy Efficiency And Federalism, Ann E. Carlson
Energy Efficiency And Federalism, Ann E. Carlson
San Diego Journal of Climate & Energy Law
Everyone loves energy efficiency. Among an array of carbon-reducing strategies, energy efficiency surely ranks as the least controversial. Indeed increasing energy efficiency is frequently lauded as having "net negative costs"-to use the terminology of the Intergovernmental Panel on Climate Change-meaning that the benefits outweigh the costs, even excluding benefits from avoided climate change.
Yet the U.S. system for regulating appliances, which account for a huge percentage of the nation's carbon emissions, is a mess. Since the federal government began regulating appliance efficiency in the 1970s, the process has been characterized by frequent delays and foot-dragging, followed by lawsuits and legislative …
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
San Diego Journal of Climate & Energy Law
As we move toward an almost certain comprehensive federal law to address climate change, increasing attention is being paid to what will happen to state and local climate change and climate change-related programs that have arisen in this country in the law few years. As the symposium demonstrated, California has a particular concern that federal law might block its environmental and climate change policies. ...
... In most areas, almost 40 years of environmental federalism has allowed states to regulate beyond the federal government for the protection of their citizens, and we can examine this history empirically in order to …
Regional Climate Regulation: From State Competition To State Collaboration, Lesley K. Mcallister
Regional Climate Regulation: From State Competition To State Collaboration, Lesley K. Mcallister
San Diego Journal of Climate & Energy Law
States have often been theorized to act as competitors in crafting their environmental policies, engaging in either a “race to the bottom” or a “race to the top.” In the recent development of climate law, however, it is state collaboration and cooperation rather than state competition that have emerged most strongly. This Article first discusses how the theories of competitive state behavior would have predicted states to behave in the absence of federal action and describes the contrasting extent to which states have engaged in collaborative initiatives. The Article then analyzes why states have been motivated to collaborate in climate …
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
San Diego Journal of Climate & Energy Law
This Article addresses a critical question about a state's role in the operation of a national cap-and-trade program: whether federal legislation should allow states to be more stringent than the federal government. ...
This Article is the first in a series that will address the wisdom of allowing state control within a federal trading system. ...
Part II of this Article articulates the primary justifications for allowing states to set more stringent caps. ...
Part III turns to practical mechanisms to achieve state stringency. ...
Part IV articulates the potential adverse impacts that could result from states using these mechanisms …
The Clean Water Act And Power Plant Cooling Water Intake Structures, John H. Minan
The Clean Water Act And Power Plant Cooling Water Intake Structures, John H. Minan
San Diego Journal of Climate & Energy Law
The focus of this Article in on a subtler, but no less important, part of the climate change story involving energy and water. The focus in on the federal regulation of existing once-through-cooling (OTC) intake structures that are used by large steam electric-generating power plants. OTC, closed-cycle (CC) cooling, and dry-cooling (DC) each perform the same function, which is the removal of waste heat from the steam cycle after it has generated electricity.
...
The elimination of OTC systems would have a salutatory effect on the aquatic environment because fewer marine organisms would be destroyed by impingement and entrainment. But …
Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento
Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento
San Diego Journal of Climate & Energy Law
This Article surveys the current bilateral and trilateral initiatives aimed at GHG emission reductions in North America with a view to assessing the nature and potential role of regional climate change law and policy within a broader global framework. In this context, by regional cooperation, we mean cooperation organized on a North American scale. In pursuit of this objective, this Article seeks to identify, first, how climate change mitigation may be regulated usefully on a regional scale, and second, the governance structures and institutions that may be drawn upon to create and implement regional cooperation on climate change. Particular consideration …
It's Getting Hot In Herre. California Senate Bill 1368 And The Dormant Commerce Clause, Andrew F. Adams
It's Getting Hot In Herre. California Senate Bill 1368 And The Dormant Commerce Clause, Andrew F. Adams
San Diego Journal of Climate & Energy Law
This Article addresses whether S.B. 1368 could hold up to a Commerce Clause challenge in three stages. Part II discuses the dormant Commerce Clause and how it is applied to state laws that potentially affect interstate commerce. It explains the history and development of the concept and fleshes out the two-step test that exists today: (1) courts determine whether a law is facially discriminatory; (2) if not, courts apply a test that weighs the respective burdens and benefits of the law. Part II also discusses the different ways in which many of the current Supreme Court Justices interpret and apply …
Consumers Versus Contracts: Morgan Stanley, Maine, And The Mobile-Sierra Doctrine, Brent Allen
Consumers Versus Contracts: Morgan Stanley, Maine, And The Mobile-Sierra Doctrine, Brent Allen
San Diego Journal of Climate & Energy Law
The Supreme Court unwittingly spawned the so-called Mobile-Sierra doctrine in 1956 with its two same-day decisions in United Gas Pipe Line Co. v. Mobile Gas Service Corp. and Federal Power Commission v. Sierra Pacific Power Co. The doctrine creates an important restriction on the Federal Energy Regulatory Commission's (FERC) ability to interfere with wholesale energy rates set forth in private contracts. It does this by triggering a heightened standard of review that applies when the Commission reviews fixed rates in private contracts; specifically, the doctrine shifts the standard from the default "just and reasonable" standard to a more rigorous "public …