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Articles 481 - 510 of 671
Full-Text Articles in Environmental Law
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes, Jeffrey G. Miller
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The Supreme Court’s decisions under the pollution control statutes administered by the Environmental Protection Agency (EPA) reach startlingly anti-environmental results, but they are explained more by the Court’s overwhelming hostility toward the private enforcement of statutes, rather than an anti-environmental bias. Adding insult to injury, in one of the rare victories for private environmental plaintiffs in those decisions, Justice Kennedy queried whether citizen suits intrude on the President’s Article II executive power and violate the separation of power principles. While other Justices have raised the same concern, Justice Kennedy’s invitation is particularly significant because he is a swing vote in …
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article begins from the premise that successful regulation of environmentally significant individual behaviors could achieve meaningful environmental benefits and argues that (1) technology is increasingly making information about individual environmental behaviors and associated harms more accessible; (2) better information about environmentally significant individual behaviors could substantially enhance fledgling efforts to regulate those behaviors; and (3) use of technology-enabled personal environmental information in support of regulation will require the resolution of myriad privacy concerns. The Article seeks to generate and inform a discussion about the appropriate balance between access to personal environmental information and privacy by identifying how regulation can …
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Faculty Publications
No abstract provided.
Conservation Reliant-Species, Dale Goble
Conservation Reliant-Species, Dale Goble
Articles
A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
The Egrets Of Marin, Dana Kelly
Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon, Abby J. Queale
Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon, Abby J. Queale
UC Law Environmental Journal
No abstract provided.
Denali, Anonymous Anonymous
Keeping Dry Streams Green: Can Landowners In Arizona And California Use Property Rights To Maintain Groundwater-Dependent Riparian Habitat Along Non-Perennial Watercourses?, Christopher J. Losi
Keeping Dry Streams Green: Can Landowners In Arizona And California Use Property Rights To Maintain Groundwater-Dependent Riparian Habitat Along Non-Perennial Watercourses?, Christopher J. Losi
UC Law Environmental Journal
No abstract provided.
Civil Conspiracy Up In Smoke: How Similar Are Cigarettes And Smokestacks?, Henry Steinberg
Civil Conspiracy Up In Smoke: How Similar Are Cigarettes And Smokestacks?, Henry Steinberg
UC Law Environmental Journal
No abstract provided.
Wind Energy Development: Can Wind Power Overcome Substantial Hurdles To Reach The Grid?, Steve Goodman
Wind Energy Development: Can Wind Power Overcome Substantial Hurdles To Reach The Grid?, Steve Goodman
UC Law Environmental Journal
No abstract provided.
Splash, Adam Regele
Creating A Category Under The Kyoto Protocol Based On Non Emissions, Erin Sedloff
Creating A Category Under The Kyoto Protocol Based On Non Emissions, Erin Sedloff
UC Law Environmental Journal
No abstract provided.
Fallen Tree, Adam Regele
Water Reuse In The West: State Programs And Institutional Issues. A Report Complied By The Western States Water Council, Nathan S. Bracken
Water Reuse In The West: State Programs And Institutional Issues. A Report Complied By The Western States Water Council, Nathan S. Bracken
UC Law Environmental Journal
No abstract provided.
Interstate Competition And The Race To The Top, Jonathan H. Adler
Interstate Competition And The Race To The Top, Jonathan H. Adler
Faculty Publications
This essay, based on remarks at the 211 Federalist Society Student Symposium, discusses some of the benefits of federalism. Many of the benefits of federalism derive from interjurisdictional competition, as competition among jurisdictions is a powerful means to discover and promote welfare-enhancing policies. Decentralizing authority over various policy matters also leaves states free to account for regional variation and can facilitate policy discovery and entrepreneurship and reduce the risks of policy failures. While the arguments for decentralization are strong, there are persuasive justifications for federal intervention in some instances, such as the existence of interstate spillovers. Fears of a “race …
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
Scholarly Publications
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Faculty Publications
Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This essay, written for the Environmental Law Symposium on 21st Century Water Law, presents an alternative view. Specifically, this essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case …
Hydraulic Fracturing Additives: A Solution To The Tension Between Trade Secret Protection And Demands For Public Disclosure, Travis D. Van Ort
Hydraulic Fracturing Additives: A Solution To The Tension Between Trade Secret Protection And Demands For Public Disclosure, Travis D. Van Ort
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Adverse Effects Of Aquatic Invasive Species On Native Commercial And Recreational Fisheries Of The Great Lakes And The Exacerbation Of The Problem By Judicial Reluctance To Act, Andrew S. Leung
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Bundling Solutions For Financing Building Energy Efficiency Retrofit Projects In Residential And Commercial Buildings, Michael Kerstetter
Bundling Solutions For Financing Building Energy Efficiency Retrofit Projects In Residential And Commercial Buildings, Michael Kerstetter
Sabin Center for Climate Change Law
Buildings are responsible for approximately 40% of overall national energy consumption and renewed investment in energy efficiency (EE) projects and measures in that sector, in particular, could potentially save consumers and the U.S. economy billions of dollars, create jobs and significantly reduce the emission of greenhouse gasses. Accordingly, a comprehensive and well crafted economy-wide EE solution should include programs for the upgrading or retrofitting of existing residential and commercial structures. Although there is already investment in these types of projects, significant potential still remains for further investment. The subjects discussed in this paper could serve as a useful starting point …
Public Utilities Commissions & Energy Efficiency: A Handbook Of Legal And Regulatory Tools For Commissioners & Advocates, Shelley Welton, Chen Xu, Brian Troxler, Chao Huang, Andrew Kirchner, Krista Yacovone, Maria Hristova
Public Utilities Commissions & Energy Efficiency: A Handbook Of Legal And Regulatory Tools For Commissioners & Advocates, Shelley Welton, Chen Xu, Brian Troxler, Chao Huang, Andrew Kirchner, Krista Yacovone, Maria Hristova
Sabin Center for Climate Change Law
This handbook examines the range of legal and regulatory tools that state PUCs have to promote energy efficiency. It draws from a broad and deep body of literature on the topic, an examination of relevant state laws and regulations, and interviews with experts in the private and public sectors. The handbook may prove useful in those states that are more advanced in their energy efficiency policies by illuminating potential refinements or alternative design options in areas that prove to be sticking points. It is intended primarily, however, as a resource for those in states that are not yet as advanced …
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Sabin Center for Climate Change Law
Over the past two decades, efforts to address climate change have primarily focused on reducing carbon dioxide (CO2) from fossil fuel combustion. The potential contribution of livestock production to climate change has been largely overlooked. Recent scholarship suggests that activities related to livestock production constitute a significant proportion of anthropogenic greenhouse gas (GHG) emissions. Although estimates of livestock’s contribution to our overall GHG emissions range broadly – from 18% to 51% – there is no question that this impact warrants serious consideration from policy makers.
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
Sabin Center for Climate Change Law
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.
Analysis Of California, Washington, And New York Insurer Climate Risk Surveys For The 2011 Reporting Year, Irene Shulman
Analysis Of California, Washington, And New York Insurer Climate Risk Surveys For The 2011 Reporting Year, Irene Shulman
Sabin Center for Climate Change Law
Climate change has the potential to affect the availability and affordability of insurance across most major insurance categories. The National Association of Insurance Commissioners (NAIC) adopted the Insurer Climate Risk Disclosure Survey in 2009, and in February 2012, California, Washington, and New York administered the survey to insurance companies that write in excess of $300 million in premiums annually. This working paper summarizes and analyzes the survey responses that were submitted to California, Washington, and New York in 2012 for the 2011 reporting year. The working paper found that the majority of the 400 survey responses indicated that climate change …
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
University of Michigan Journal of Law Reform Caveat
The Clean Air Act (CAA) is the primary federal statute regulating the emission of air pollutants. First enacted in 1970, the CAA requires, inter alia, the federal government to establish air quality goals and states to develop implementation plans to achieve those goals. The most stringent requirements of the CAA are imposed on “new” or “modified” sources of pollution, such as sulfur dioxide, nitrous oxides, and particulate matter. Sources that were operating when the CAA was enacted are mostly exempt from regulation under the Act. Because of the substantial costs associated with the CAA standards, there is an incentive for …
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto, Sarah Saville
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto, Sarah Saville
Animal Law Review
Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Scholarly Works
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.