Environmental Law Commons^™

Pesticide Risk Indicators: Unidentified Inert Ingredients Compromise Their Integrity And Utility, Michael D. Surgan, Madison Condon, Caroline Cox

Faculty Scholarship

Pesticide Risk Indicators (PRIs) are widely used to evaluate and compare the potential health and environmental risks of pesticide use and to guide pest control policies and practices. They are applied to agricultural, landscape and structural pest management by governmental agencies, private institutions and individuals. PRIs typically assess only the potential risks associated with the active ingredients because, with few exceptions, pesticide manufacturers disclose only the identity of the active ingredients which generally comprise only a minor portion of pesticide products. We show that when inert ingredients are identified and assessed by the same process as the active ingredient, the …

Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.

Working Paper Series

A memoir of the author's involvement in the anti-nuclear power movement.

When It Reins It Pours, Noah M. Sachs

Law Faculty Publications

Imagine if the board of a Fortune 500 company required the company’s vice presidents to obtain board approval before implementing any decision. Now imagine that the board is highly polarized and its members are at each other’s throats. A recipe for corporate gridlock, right?

Amazingly, House Speaker John Boehner, Senator Jim DeMint, and other prominent Republicans are embracing this dubious chain-of-command for the federal government. They are promoting a bill called the REINS Act (Regulations from the Executive in Need of Scrutiny), which would stop any major regulation issued by any federal agency from taking effect until it receives approval …

Slides: Energy Development Water Needs Assessment And Water Supply Alternatives And Analysis, Benjamin Harding

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Benjamin Harding, Principal Engineer, AMEC Earth and Environmental

15 slides

Slides: Promise Or Peril: Shale Oil, Energy, And The Region, Chase Huntley

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Chase Huntley, Policy Adviser for Energy & Climate Change, The Wilderness Society

8 slides

Agenda: The Promise And Peril Of Oil Shale Development, University Of Colorado Boulder. Natural Resources Law Center

The Promise and Peril of Oil Shale Development (February 5)

The largest known oil shale deposits in the world are in the Green River Formation, which covers portions of Colorado, Utah, and Wyoming. Fully one-half of the world’s oil shale lies within 150 miles of Grand Junction, Colorado, and about 80% of these reserves are on federal land. Estimates of recoverable reserves in the Green River Formation range from 500 billion to 1.53 trillion barrels. At present consumption rates, this is enough oil to satisfy 100% of U.S. demand for well over 100 years.

Development of oil shale could cause significant impacts on the Colorado Plateau. It would provide for …

Slides: Costs And Benefits Of Oil Shale Development, James T. Bartis

The Promise and Peril of Oil Shale Development (February 5)

Presenter: James T. Bartis, Senior Policy Researcher, Rand Corporation

21 slides

Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt

The Promise and Peril of Oil Shale Development (February 5)

Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO

13 slides

Slides: Oil Shale Water Needs, State Water Planning And The Colorado River Compact, Daniel R. Birch

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Daniel R. Birch, Deputy General Manager & Chief Engineer, Colorado River District

17 slides

Slides: The Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Alan K. Burnham, Chief Technology Officer, American Shale Oil, LLC

10 slides

Slides: Water For Oil (Shale)?, Bart Miller

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Bart Miller, Water Program Director, Western Resource Advocates

10 slides

Slides: The Peril Of Energy Usage, Mike Tupper

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.

9 slides

Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder

35 slides

Slides: The Elusive Bonanza, Randy Udall

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Randy Udall, Co-founder, Association for the Study of Peak Oil-USA

62 slides

Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines

43 slides

Slides: Costs And Benefits Of Development: An Industry Perspective, Glenn Vawter

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Glenn Vawter, Executive Director, National Oil Shale Association

12 slides

Compliance With International Environmental Regimes: Chinese Lessons, Roda Mushkat

William & Mary Environmental Law and Policy Review

The global ecosystem continues to display signs of strain because of a policy of inadequate responses that are not entirely commensurate with the challenge and a substantial gap between prescribed and actual behavior within and across State boundaries. Weak adherence to international environmental law, one of the factors contributing to the disparity between normative expectations and observed outcomes, has been explored extensively by legal researchers. Some of the insights that have been generated may be fruitfully examined in light of the problematic Chinese experience on the ecological front.

Greenhouse Gas Regulation Under The Clean Air Act: Structure, Effects, And Implications Of A Knowable Pathway, Nathan D. Richardson, Arthur G. Fraas, Dallas Butraw

Faculty Publications

It appears inevitable, absent legislative intervention, that regulation under the Clean Air Act (CAA) will move beyond mobile sources to the industrial and power facilities that emit most U.S. greenhouse gas (GHG) emissions. We analyze the mechanisms available to the EPA for regulating such sources, and identify one, New Source Performance Standards (NSPS) as the most predictable, likely, and practical, i.e. knowable, pathway. Based on the legal structure of the NSPS and the EPA’s traditional approach, we analyze a hypothetical GHG NSPS for one sector, coal electricity generation. This analysis indicates that efficiency improvements and perhaps biomass cofiring could be …

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

William & Mary Environmental Law and Policy Review

No abstract provided.

Accountability For Mitigation Through Procedural Review: The Nepa Jurisprudence Of Judge Betty B. Fletcher, A Trustee Of The Environment And Woman Of Substance, Kenneth S. Weiner

Washington Law Review

In the past thirty years, as judges who first required compliance with the mandates of the National Environmental Policy Act of 1969 retired or died, the First and Ninth Circuits became the most stalwart keepers of NEPA’s flame. This article explores how, despite the procedural characterization of NEPA, Judge Betty B. Fletcher of the Ninth Circuit has been able to focus attention on NEPA’s substantive goal of achieving productive harmony between people and nature, while respecting the limits of judicial review of executive action. Judge Fletcher insists public officials answer a simple question: If you are not well-informed about whether …

Climate Change, Dead Zones, And Massive Problems In The Administrative State: A Guide For Whittling Away, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such as these have dimensions far beyond the capacity of any single agency to manage effectively. Rather, as the Supreme Court recently observed in Massachusetts v. Environmental Protection Agency, agencies, like legislatures, do not generally resolve massive problems in one fell swoop, but instead whittle away over time, refining their approach as circumstances change and they develop a more nuanced understanding of how best …

The European Union’S Role In The Prevention Of Vessel-Source Pollution And Its Internal Influence, Nengye Liu, Fran Maes

Research Collection Yong Pung How School Of Law

The EU has the institutions and the comprehensive legal regime to regulate the prevention of vessel-source pollution within the Member States and these are reviewed here together with the international conventions. The EU has been much more proactive since the Erika and Prestige disasters with the adoption of a series of new regulations on the prevention of vessel-source pollution.This legislation also demonstrates an expansion of the competencies of EU institutions towards Member States, and the EU approach, although largely regarded as a success, has also been criticised as tending towards unilateralism.

Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair

Brigham Young University International Law & Management Review

No abstract provided.

Lake Ice, Richard Hurlburt

UC Law Environmental Journal

No abstract provided.

The Public Trust Doctrine - A Twenty-First Century Concept, Michael C. Blumm

UC Law Environmental Journal

No abstract provided.

Debt-For-Development Exchanges: Using External Debt To Mitigate Environmental Damage In Developing Countries, Steven Freeland, Ross P. Buckley

UC Law Environmental Journal

This article analyzes the conception, evolution and recent development of debt-for-nature exchange techniques. It explores how the lessons of the early, problematic exchanges have been learned and how the highly successful exchanges conducted recently in Madagascar, Egypt, and Kenya have been structured. It assesses the possibility of the Clean Development Mechanism under the Kyoto Protocol being tapped as a source of ongoing funding for projects, and concludes by arguing that, given the various benefits exchanges offer both donors and recipients, these techniques have been underutilized and deserve more careful consideration.

The Illinois Central Public Trust Doctrine And Federal Common Law: An Unconventional View, Crystal S. Chase

UC Law Environmental Journal

No abstract provided.

Rembering Professor Luke W. Cole, 1962-2009, Editor

UC Law Environmental Journal

No abstract provided.

Regulatory Adaptation In Fractured Appalachia, Hannah J. Wiseman

Scholarly Publications

America faces a growing energy challenge. We require energy for our every activity, yet we increasingly recognize that there are no easy energy solutions. Reliance upon traditional fossil fuels – many of them imported – jeopardizes our national security and releases harmful emissions, yet renewable energy technologies require high capital investments and have environmental impacts of their own. As we address this challenge and move toward a more sustainable energy future, “bridge fuels” like domestically-produced natural gas offer a near-term compromise between renewables and traditional fossil fuels. A growing quantity of bridge fuel in the form of domestic natural gas …

Can The Law Track Scientific Risk And Technological Innovation?: The Problem Of Regulatory Definitions And Nanotechnology, David A. Dana

Faculty Working Papers

The functioning of a regulatory regime often turns on what is defined to be included in the scope of regulation and what is defined to be outside. In constructing the definitions of what is regulated, two key challenges are to align the defintions with the risks that motivated the establishment of the regulatory regime and to build in dynamism into the defintions so that they adapt to changes in scientific understanding and technology. This Chapter of a forthcoming book from Cambridge University Press (David Dana, ed., The Nanotechnology Challenge), explores these challnegs in the context of nanotechnology.