Environmental Law Commons^™

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.

Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch

Vanderbilt Law School Faculty Publications

A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …

Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …

Now, Later, Or Never: Applying Asymmetric Discount Rates In Nuisance Remedies And Federal Regulations, Yang Wang

Michigan Law Review

Part I of this Note reviews recent literature on the need for asymmetric discount rates in cost-benefit analysis. It observes that even though scholars disagree on the precise value of the appropriate discount rate, many agree that future costs and benefits must be discounted at different rates. Part II then constructs a simple model, consisting of two activities competing for the same resource, and analyzes the consequences of asymmetric discounting under this model. This Part proposes that, to maximize the joint social utility, the resource should be time divided between the competing activities rather than permanently allocated to one or …

David Sive Award For Best Brief Overall: Brief For Appellees (The Companies): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Katherine Gale, Nick Rogers

Pace Environmental Law Review

No abstract provided.

2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition, Mackenzie Schoonmaker, James Simpson

Pace Environmental Law Review

No abstract provided.

Warming Up To Climate Change Litigation, Jonathan H. Adler

Faculty Publications

There was never any doubt that Massachusetts v. Environmental Protection Agency (“Mass. v. EPA”) would be a closely watched and hotly contested case. The surprise in Mass. v. EPA is the facility and ease with which the Court dispatched opposing arguments and redefined prior precedents. Not content to widen doctrines on the margins, Justice Stevens’s majority opinion blazed a new path through the law of standing and unearthed newfound regulatory authority for the EPA.

Now that EPA has authority to regulate greenhouse gases, regulatory controls on motor vehicles (as well as on other sources of greenhouse gases, including …

Strategic Planning For Environmental Stewardship At Eastern Kentucky University, Steven Konkel, Robert S. Weise, Alan Banks, Danita Lasage, Joseph Beck, James Street, Charles L. Elliott, Barbara Szubinska, Robert B. Frederick, Melinda S. Wilder, Robert Huston, Rebecca Jones, Alice L. Jones, Kyle Moon

Environmental Health Science Faculty and Staff Research

The 2006-2010 Strategic Plan for Eastern Kentucky University, under Strategic Direction 5.4, mandates the formulation of a plan to guide the University toward greater environmental stewardship. The creation and implementation of that plan is the charge of the Eastern Committee on Responsible Environmental Stewardship (ECRES), which was formed in September of 2005. On October 27th, 2006, ECRES hosted a Strategic Planning Workshop. This workshop brought together a wide range of participants, including elected officials, college and university representatives, and interested citizens. The result was a broad consensus in the identification of environmental goals and objectives toward which EKU should strive.

Slides: The Future Of Federal Wetlands Regulation, Mark Squillace

The Future of Federal Wetlands Regulation After Rapanos (May 10)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center

The Future of Federal Wetlands Regulation After Rapanos (May 10)

Hot-Topic Discussion held at Brownstein Hyatt Farber Schreck in Denver, Colorado on May 10, 2007 from 12:00 p.m. to 1:15 p.m.

Speaker: Mark Squillace, Director of the Natural Resources Law Center, University of Colorado School of Law.

Commentators: Wayne Forman and Michelle Kales, attorneys, Brownstein Hyatt Farber Schreck

"Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court …

Green Light For Green Infrastructure, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly

Other Scholarship

No abstract provided.

Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly

Journal Articles

Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers ('the Corps') administration of the permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available …

Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly

Journal Articles

No abstract provided.

United States Food Law Update, A. Bryan Endres

Journal of Food Law & Policy

Michael T. Roberts and Margie Alsbrook noted in the Journal's inaugural Food Law Update that "[t]he one constancy about food law in the United States is change, especially in a rapidly-developing food industry." This observation holds true today and also augurs a change in authorship of this section of the Journal. I hope to follow my colleagues' lead and provide timely and cogent updates of the federal (and occasionally state) statutes, regulations, and judicial decisions impacting food law and policy. It is both an honor and a duty, as food and its legal implications remain in many respects "the world's …

Labor Market Estimates Of The Senior Discount For The Value Of Statistical Life, W. Kip Viscusi, Joseph E. Aldy

Vanderbilt Law School Faculty Publications

This article develops the first measures of age–industry job risks to examine the age variations in the value of statistical life. Because of the greater risk vulnerability of older workers, they face flatter wage-risk gradients than younger workers, which we show to be the case empirically. Accounting for this heterogeneity in hedonic market equilibria leads to estimates of the value of statistical life–age relationship that follows an inverted U shape. The estimates of the value of statistical life range from $6.4 million for younger workers to a peak of $9.0 million for those aged 35–44, and then a decline to …

Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Professors Bressman and Vandenbergh respond to the comments of Sally Katzen on their article presenting and analyzing results from an empirical study of the top political appointees at the Enviromental Protection Agency (EPA) during the William Clinton and George H.W. Bush administrations. In their previous article, Professors Bressman and Vandenbergh examined White House involvement in EPA rulemaking during the relevant periods, concluding that it may be a more complex and less positive phenomenon than previous studies have acknowledged. In this reply, the authors reinforce why the EPA is an important agency to study for information about White House involvement in …

Managing Resources With Interstate Compacts: A Perspective From The Great Lakes, Jessica A. Bielecki

Buffalo Environmental Law Journal

No abstract provided.

Rebirth Of Cercla § 107 Contribution Actions: New Life For Prps That Conduct Voluntary Cleanups After Aviall, H. French Brown Iv

Buffalo Environmental Law Journal

No abstract provided.

Science, Policy, And Politics: The Impact Of The Information Quality Act On Risk-Based Regulatory Activity At The Epa, Kirk T. O'Reilly

Buffalo Environmental Law Journal

No abstract provided.

Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, As Reviewed By, Matthew B. Powers

Buffalo Environmental Law Journal

No abstract provided.

A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Focusing on Delaware, this article will argue that the United States Supreme Court's decision in Kelo v. New London gave state legislatures an open invitation to shape their public use frameworks, but their responses must be measured and well-reasoned because the consequences of reactionary legislation may put a stranglehold on state and local governments trying to exercise eminent domain for unanimously accepted public uses. Part I will trace the most pertinent federal jurisprudence through Kelo. Part II will survey Delaware’s public use jurisprudence. Part III will introduce the Delaware General Assembly’s legislative response to Kelo. Part IV will serve as …

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

The Legislature Shall Make No Law..Abridging Montanans' Constitutional Rights To A Clean And Healthful Environment, Jack Tuholske

Southeastern Environmental Law Journal

No abstract provided.

Judicial Deference To Agency Interpretations: The Ups And Downs Of The Chevron Doctrine, Roderick E. Watson

Southeastern Environmental Law Journal

No abstract provided.

Significant Flaws: Why The Rapanos Guidance Misinterprets The Law, Fails To Protect Waters, And Provides Little Certainty, James Murphy, Stephen M. Johnson

Southeastern Environmental Law Journal

No abstract provided.

Double Eagle: Internal Revenue Code Section 170(H), Tyler Arnold

Southeastern Environmental Law Journal

No abstract provided.

Total Maximum Daily Loads V. Nonpoint Source Pollution & (And) The South Carolina Administrative Procedures Act, Brandon Cooper

Southeastern Environmental Law Journal

No abstract provided.

Simsbury-Avon Preservation Society, Llc V. Metacon Gun Club: The Difficult Task Of Applying The Supreme Court's Rapanos Analysis, Larkin B. Ellzey

Southeastern Environmental Law Journal

No abstract provided.

California V. General Motors Corp.: California's Attempt To Regain Control Of Its Climate, Mark Fessler

Southeastern Environmental Law Journal

No abstract provided.