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Environmental Law Commons

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2013

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Articles 391 - 420 of 588

Full-Text Articles in Environmental Law

Evaluating Economic Impact In Regulatory Takings Cases, Daniel L. Siegel Jan 2013

Evaluating Economic Impact In Regulatory Takings Cases, Daniel L. Siegel

UC Law Environmental Journal

No abstract provided.


Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt Jan 2013

Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt

Maryland Law Review

No abstract provided.


When Retreat Is The Best Option: Flood Insurance After Biggert-Waters And Other Climate Change Puzzles, 47 J. Marshall L. Rev. 695 (2013), Robert Verchick, Lynsey Johnston Jan 2013

When Retreat Is The Best Option: Flood Insurance After Biggert-Waters And Other Climate Change Puzzles, 47 J. Marshall L. Rev. 695 (2013), Robert Verchick, Lynsey Johnston

UIC Law Review

No abstract provided.


The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson Jan 2013

The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson

Faculty Scholarship

These opening lines from Chevron's website of "facts about Chevron and Texaco in Ecuador" refer to the latest salvo in a long-running environmental dispute concerning a Texaco subsidiary's Ecuadorian oil-drilling activities. Chevron resisted enforcement in the United States of an Ecuadorian court's $18 billion judgment, and the plaintiffs are seeking to enforce the judgment against Chevron in various courts around the world. Chevron's account suggests that the plaintiffs' lawyers are engaged in improper forum-shopping. The plaintiffs'lawyers, according to Chevron, ought to pursue enforcement of the judgment in the United States.


Australia's Clean Energy Act: A New Measure In The Global Carbon Market, Bruno Zeller Dr., Michael Longo Dr. Jan 2013

Australia's Clean Energy Act: A New Measure In The Global Carbon Market, Bruno Zeller Dr., Michael Longo Dr.

Loyola University Chicago International Law Review

No abstract provided.


Loyola University Chicago International Law Symposium Keynote Address Towards An African Human Rights Perspective On The Extractive Industry, Pacifique Manirakiza Jan 2013

Loyola University Chicago International Law Symposium Keynote Address Towards An African Human Rights Perspective On The Extractive Industry, Pacifique Manirakiza

Loyola University Chicago International Law Review

No abstract provided.


Cafta-Dr's Citizen Submission Process: Is It Protecting The Indigenous Peoples Rights And Promoting The Three Pillars Of Sustainable Development? , Josephine M. Balzac Jan 2013

Cafta-Dr's Citizen Submission Process: Is It Protecting The Indigenous Peoples Rights And Promoting The Three Pillars Of Sustainable Development? , Josephine M. Balzac

Loyola University Chicago International Law Review

No abstract provided.


When Strong Enforcement Works Better Than Weak Regulation: The Epa/Doj New Source Review Enforcement Initiative, Thomas O. Mcgarity Jan 2013

When Strong Enforcement Works Better Than Weak Regulation: The Epa/Doj New Source Review Enforcement Initiative, Thomas O. Mcgarity

Maryland Law Review

No abstract provided.


Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann Jan 2013

Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann

Maryland Law Review

No abstract provided.


Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman Jan 2013

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Maryland Law Review

No abstract provided.


Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase Jan 2013

Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase

Maryland Law Review

No abstract provided.


Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs Jan 2013

Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs

Faculty Scholarship

No abstract provided.


Conservative Principles For Environmental Reform,, Jonathan H. Adler Jan 2013

Conservative Principles For Environmental Reform,, Jonathan H. Adler

Faculty Publications

Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental bills have been enacted since then.


E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer Jan 2013

E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Defying The Law: Northern Plains Resource Council, Inc. V. Surface Transportation Board And The State Of Nepa Jurisprudence, Rachel Shelton Jan 2013

Defying The Law: Northern Plains Resource Council, Inc. V. Surface Transportation Board And The State Of Nepa Jurisprudence, Rachel Shelton

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Big Basin, California, Michael Bland Jan 2013

Big Basin, California, Michael Bland

UC Law Environmental Journal

No abstract provided.


Federal Regulatory Barriers To Grid-Deployed Energy Storage, Andrew Meyer Jan 2013

Federal Regulatory Barriers To Grid-Deployed Energy Storage, Andrew Meyer

Sabin Center for Climate Change Law

Until recently, the most advanced form of grid-deployed energy storage involved pumping water up a hill. But “newer storage technologies like flywheels and chemical batteries have recently achieved technological maturity and are well into successful pilot stages and, in some cases, commercial operation”. If widely adopted these new energy storage technologies will fundamentally alter the operation of our electricity system


State Hazard Mitigation Plans And Climate Change: Rating The States, Matthew Babcock Jan 2013

State Hazard Mitigation Plans And Climate Change: Rating The States, Matthew Babcock

Sabin Center for Climate Change Law

Climate change is affecting and will continue to affect the frequency and severity of natural hazard events, a trend that is of increasing concern for emergency managers and hazard mitigation agencies across the United States. Proper response to these hazards will require preparation and planning. Unfortunately, states are not required to include analysis of climate change in their State Hazard Mitigation Plans, which leads to uneven treatment of the issue and missed opportunities for mitigation planning. This survey identifies those state plans that address climate change and climate-related issues in an accurate and helpful manner and those that do not. …


Encouraging Energy Efficiency Through The Clean Air Act, Moneen Nasmith Jan 2013

Encouraging Energy Efficiency Through The Clean Air Act, Moneen Nasmith

Sabin Center for Climate Change Law

Energy efficiency measures provide tremendous opportunities for achieving effective and cost-friendly reductions in the emissions of greenhouse gases. In the absence of more comprehensive legislative efforts, proponents of energy efficiency projects can look to existing environmental laws for tools to promote and encourage energy efficiency and conservation. One such law is the federal Clean Air Act (“CAA”), which empowers the U.S. Environmental Protection Agency (“EPA”) to use a variety of mechanisms to address air pollution and protect the public health. Although the statute and its accompanying regulations are complex, the CAA provides a number of important avenues for advocates of …


Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports, Elizabeth Sheargold, Smita Walavalkar Jan 2013

Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports, Elizabeth Sheargold, Smita Walavalkar

Sabin Center for Climate Change Law

As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.


Compilation Of International Authorities Supporting Specific Measures To Combat Climate Change, Fiona Kinniburgh Jan 2013

Compilation Of International Authorities Supporting Specific Measures To Combat Climate Change, Fiona Kinniburgh

Sabin Center for Climate Change Law

This document is a compilation of international authorities that endorse or require various specific measures to combat climate change. The document comprises a non-exhaustive compilation of extracts from various international agreements, environmental treaties and resolutions / declarations of international organizations, as well as reports from several respected international bodies. While the UNFCCC, the Kyoto Protocol and decisions of the Conference of the Parties contain the most authoritative and directly applicable obligations regarding climate change, other international conventions, declarations, agreements and charters also give legal support for some of these specific measures.


Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang Jan 2013

Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang

Sabin Center for Climate Change Law

This paper focuses on one of China’s efforts to engage with climate change—the establishment and development of carbon emissions trading schemes (ETSs) in the country. Section II examines the shift from command and control approaches to market mechanisms in China’s climate policy over the past two decades, which primed the domestic scene for the emergence of carbon emissions trading. Section III studies the seven regional ETS pilots due to launch later this year, the success or failure of which will to a large extent determine the future of carbon markets in not only China, but most likely the rest of …


Digest Of Hydraulic Fracturing Cases, Smita Walavalkar Jan 2013

Digest Of Hydraulic Fracturing Cases, Smita Walavalkar

Sabin Center for Climate Change Law

As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.


Fracking And Federalism Choice, Michael Burger Jan 2013

Fracking And Federalism Choice, Michael Burger

Sabin Center for Climate Change Law

In response to David B. Spence's "Federalism, Regulatory Lags, and the Political Economy of Energy Production," I offer a set of constructive challenges to his article. In Part I, I argue that fracking’s federalism-choice question has already been answered, and that but for the outdated and underjustified exemptions mentioned above, fracking is already under the jurisdiction of federal regulators. In Part II, I conduct an alternative federalism-choice analysis that adds to Professor Spence’s analysis in three ways. First, I balance his analysis by examining rationales commonly used to justify decentralization, rather than federalization, of environmental law. Second, I argue that …


Carbon Capture And Storage Policy In China, Yan Gu Jan 2013

Carbon Capture And Storage Policy In China, Yan Gu

Sabin Center for Climate Change Law

This paper examines the current state of Carbon Capture, Utilization and Storage technology (CCUS) in China as well as the related climate change policy, laws, and initiatives that might be used to encourage the large-scale deployment of carbon sequestration in China. The paper is organized in six sections. Section I examines the overall status of CCUS development in China, including CCUS research activities and demonstration project deployment. Section II discusses the broader environment of national climate change policies issued by the State Council (namely the Central People’s Government) and how it accommodates CCUS development policy. Section III reviews China’s technology …


Environmental Law/Environmental Literature, Michael Burger Jan 2013

Environmental Law/Environmental Literature, Michael Burger

Sabin Center for Climate Change Law

What, is truly "environmental" about environmental law? This Article is the first attempt to answer this question by integrating Law & Literature scholarship with the study of environmental law. I argue that competing narratives of nature and culture common to the American environmental imagination play a more significant role in environmental law and litigation than previously acknowledged. These competing narratives, communicated through a known set of environmental stories and tropes, are used by attorneys to establish, frame, narrate and argue their cases, and they are absorbed, reimagined, reframed and retold by judges in their written opinions, making environmental law a …


Discussion Of Climate Change-Related Water Impacts In Federal Environmental Impact Statements (Eiss), January-September 2012, Cathy Li Jan 2013

Discussion Of Climate Change-Related Water Impacts In Federal Environmental Impact Statements (Eiss), January-September 2012, Cathy Li

Sabin Center for Climate Change Law

Climate change and its predicted effect on precipitation, temperature, storm frequency and intensity, global sea levels, and numerous other factors will pose significant challenges for the maintenance and operations of built infrastructure. Climate change is predicted to exacerbate water-related issues, such as water supply shortages brought on by increasingly severe droughts and more frequent or intense flooding caused by extreme precipitation events. Executive Order 13514 and subsequent instructions from the Council on Environmental Quality (CEQ) have directed federal agencies to prepare for and adapt to the changing environment in which they will have to operate. The National Environmental Policy Act …


The (Re)Federalization Of Fracking Regulation, Michael Burger Jan 2013

The (Re)Federalization Of Fracking Regulation, Michael Burger

Sabin Center for Climate Change Law

The purpose of this Article is to defend environmental law's federalism choices from the insinuation that they do not match fracking's environmental impacts and to demonstrate that fracking does indeed belong under the umbrella of federal law. The Article proceeds in four Parts. Part I establishes the federalism-choice analysis framework and applies it to both state and federal regulation of fracking. Part II buttresses the conclusion that federal regulation of potential impacts on underground drinking-water supplies is appropriate through a fresh and extensive examination of the statutory scheme and legislative history of SDWA. Part III offers further support for federal …


Reflecting Risk: Chemical Disclosure And Hydraulic Fracturing, Sara Gosman Jan 2013

Reflecting Risk: Chemical Disclosure And Hydraulic Fracturing, Sara Gosman

Georgia Law Review

In the last three years, twenty-two states have responded to public concern about high-volume hydraulic fracturing by requiring disclosure of the chemicals injected into oil and gas wells. Central to these policies is a nationwide website known as "FracFocus,"which now contains data on almost 56,000 wells. No environmental issue in recent memory has spurred such a fast and uniform policy response by the states, a response that is more remarkable given the contested nature of hydraulic fracturing. Drawing on the fields of risk science and decision science, the Article examines the virtues and perils of chemical disclosure as a policy …


The Dynamics And Global Implications Of Subglobal Carbon-Restricting Regimes, Juscelino F. Colares Jan 2013

The Dynamics And Global Implications Of Subglobal Carbon-Restricting Regimes, Juscelino F. Colares

Faculty Publications

The European Union and Australia have enacted comprehensive carbon-restricting reforms that will affect both domestic and foreign industries. After describing these reforms in detail, the article develops a microeconomic analytical model that explains the impact these regimes have on the dynamics of inter-firm competition in carbon-restricting nations and how they will also influence technology choices by certain industries in carbon-friendly nations. Specifically, exporters and producers operating in vertically-integrated industries in carbon-friendly nations will increasingly elect carbon-efficient technologies to minimize costs as they adjust to a changing international regulatory environment. The article hypothesizes that this shift in the carbon intensity of …