Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (117)
- Energy and Utilities Law (70)
- Land Use Law (64)
- Water Law (64)
- Oil, Gas, and Mineral Law (63)
-
- International Law (59)
- Social and Behavioral Sciences (48)
- Administrative Law (47)
- State and Local Government Law (44)
- Physical Sciences and Mathematics (43)
- Environmental Sciences (39)
- Law and Society (37)
- Property Law and Real Estate (36)
- Health Law and Policy (33)
- Human Rights Law (32)
- Indigenous, Indian, and Aboriginal Law (31)
- Public Affairs, Public Policy and Public Administration (31)
- Environmental Policy (29)
- Agriculture Law (28)
- Jurisprudence (27)
- Food and Drug Law (26)
- Legal Ethics and Professional Responsibility (25)
- Natural Resources Management and Policy (24)
- Water Resource Management (23)
- Military, War, and Peace (18)
- Legislation (17)
- Natural Resources and Conservation (17)
- Animal Law (16)
- Institution
-
- Columbia Law School (44)
- Pace University (37)
- UC Law SF (36)
- William & Mary Law School (32)
- Pepperdine University (30)
-
- University of Colorado Law School (23)
- University of New Mexico (22)
- American University Washington College of Law (21)
- University of Missouri School of Law (19)
- Duke Law (17)
- University of Maryland Francis King Carey School of Law (17)
- Washington and Lee University School of Law (17)
- St. Mary's University (16)
- Florida A&M University College of Law (15)
- Villanova University Charles Widger School of Law (13)
- University of Michigan Law School (12)
- Purdue University (9)
- University of Arkansas, Fayetteville (9)
- University of Washington School of Law (9)
- Barry University School of Law (8)
- Florida State University College of Law (8)
- UIC School of Law (8)
- University at Buffalo School of Law (8)
- University of San Diego (8)
- Vanderbilt University Law School (8)
- Schulich School of Law, Dalhousie University (6)
- University of Kentucky (6)
- University of Montana (6)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Case Western Reserve University School of Law (4)
- Keyword
-
- Climate change (56)
- Environmental law (37)
- Publications (21)
- Environmental Law (20)
- Energy (16)
-
- Clean Air Act (15)
- Environment (13)
- Environmental Protection Agency (13)
- Fracking (13)
- Hydraulic fracturing (13)
- Law (12)
- Pollution (12)
- Regulation (12)
- California (11)
- Coastal Zone Management (11)
- Land use (11)
- Renewable energy (11)
- Virginia (11)
- Environmental policy (10)
- Human rights (10)
- Natural resources (10)
- Water (10)
- Environmental justice (9)
- Global warming (9)
- Indigenous peoples (9)
- Environmental protection (8)
- Greenhouse gas (GHG) (8)
- Rio+20 (8)
- Sustainable development (8)
- Zoning (8)
- Publication
-
- Faculty Scholarship (37)
- UC Law Environmental Journal (35)
- Sustainable Development Law & Policy (20)
- Sabin Center for Climate Change Law (19)
- Journal of Environmental and Sustainability Law (18)
-
- Elisabeth Haub School of Law Faculty Publications (17)
- Pace Environmental Law Review (17)
- William & Mary Environmental Law and Policy Review (17)
- Duke Environmental Law & Policy Forum (16)
- Pepperdine Law Review (16)
- St. Mary's Law Journal (16)
- Washington and Lee Journal of Energy, Climate, and the Environment (15)
- Journal of the National Association of Administrative Law Judiciary (14)
- Villanova Environmental Law Journal (1991 - ) (12)
- Virginia Coastal Policy Center (12)
- Florida A & M University Law Review (11)
- Water Matters! (11)
- Journal of Food Law & Policy (9)
- Libraries Faculty and Staff Scholarship and Research (9)
- Publications (9)
- Columbia Center on Sustainable Investment Staff Publications (8)
- Journal Articles (8)
- Michigan Journal of Environmental & Administrative Law (8)
- San Diego Journal of Climate & Energy Law (8)
- Scholarly Publications (8)
- UIC Law Review (8)
- Maryland Law Review (7)
- Vanderbilt Law School Faculty Publications (7)
- Articles (6)
- Faculty Publications (6)
- Publication Type
Articles 421 - 450 of 588
Full-Text Articles in Environmental Law
Regulating Electricity Imports Into Rggi: Toward A Legal, Workable Solution, Shelley Welton, Michael Gerrard, Jason Munster
Regulating Electricity Imports Into Rggi: Toward A Legal, Workable Solution, Shelley Welton, Michael Gerrard, Jason Munster
Faculty Scholarship
This white paper evaluates the legal workability and constitutionality of what is frequently considered the most feasible mechanism for RGGI to use in regulating imports: an obligation on RGGI “load serving entities” (LSEs) – those companies responsible for supplying electricity to end-use customers – to purchase allowances to account for the emissions associated with the electricity they sell that is imported. Ultimately, although there are many design complexities yet to be worked out, we find that an LSE-centered approach could present a viable pathway forward for RGGI states’ regulation of imports. It is likely to create long-term price signals about …
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
Michigan Journal of International Law
From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …
Risk And Response In Fracturing Policy, Hannah J. Wiseman
Risk And Response In Fracturing Policy, Hannah J. Wiseman
University of Colorado Law Review
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
University of Colorado Law Review
No abstract provided.
A Just And Healthy Future For The 100 Percent, Bill Hedden
A Just And Healthy Future For The 100 Percent, Bill Hedden
University of Colorado Law Review
No abstract provided.
Reflections On Social Change And Law Reform, John D. Leshy
Reflections On Social Change And Law Reform, John D. Leshy
University of Colorado Law Review
No abstract provided.
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
Oklahoma Law Review
No abstract provided.
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Oklahoma Law Review
No abstract provided.
Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira
Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira
Oklahoma Law Review
From the late 1970s to the end of the 1990s, electricity producers modified and operated coal-fired power plants in violation of the Environment Protection Agency’s (EPA) permitting requirements, creating widespread air quality degradation. The EPA’s policy of lax oversight ended in 1999 when it launched a large, coordinated enforcement effort. The 2012 Republican presidential candidates all denounced this more vigilant EPA as engaging in economic terrorism through “sue and settle” tactics that amount to backdoor regulation. This article evaluates federal environmental enforcement, drawing upon objective data from our empirical study of EPA permitting violation settlements for coal-fired power plants entered …
The Architecture Of Ignorance, Gregg P. Macey
The Architecture Of Ignorance, Gregg P. Macey
Faculty Scholarship
No abstract provided.
Plans Are Not Enough, Michael Lewyn
Plans Are Not Enough, Michael Lewyn
Scholarly Works
Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Faculty Articles and Papers
Climate change started as a scientific theory, became the subject of environmental policy and international negotiation, and today manifests itself within the courts in a series of boundary testing cases that challenge the settled concepts of risk and redress available under both environmental and insurance law. As our climate becomes increasingly unstable and the causal link between damage from sea-level rise and severe weather events becomes ever more tangible and traceable, courts at all levels wrestle with varying avenues of legal authority, including: the limitations of legal redress through the political question doctrine the appropriateness of traditional federal and state …
The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond
The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond
UIC Law Review
No abstract provided.
Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger
Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger
UIC Law Review
No abstract provided.
The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman
The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman
Indiana Law Journal
This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all outdoor sources of air toxics. This pattern spans multiple spatial scales, ranging from census tracts to the nation as a whole. However, it is most pronounced in metropolitan areas, which have the lowest air quality and are home to eighty percent of the U.S. population. …
Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny
Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny
Law Faculty Research Publications
No abstract provided.
Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss
Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss
School of Law Faculty Publications
The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …
The Rebirth Of The Neighborhood, J. Peter Byrne
The Rebirth Of The Neighborhood, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This essay argues that new urban residents primarily seek a type of community properly called a neighborhood. “Neighborhood” refers to a legible, pedestrian-scale area that has an identity apart from the corporate and bureaucratic structures that dominate the larger society. Such a neighborhood fosters repeated, casual contacts with neighbors and merchants, such as while one pursues Saturday errands or takes children to activities. Dealing with independent local merchants and artisans face-to-face provides a sense of liberation from large power structures, where most such residents work. Having easy access to places of sociability like coffee shops and bars permits spontaneous “meet-ups,” …
Seqra And Infill, Michael Lewyn
Seqra And Infill, Michael Lewyn
Scholarly Works
New York's State Environmental Quality Review Act (SEQRA) is designed to protect the environment by requiring government to consider the harmful environmental impacts of its actions. However, SEQRA itself may create environmental harm by discouraging infill development.
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Scholarly Works
Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.
The Increasing Privatization Of Environmental Permitting, Jessica Owley
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Articles
No abstract provided.
Compartmentalized Thinking And The Clean Water Act, Christine A. Klein
Compartmentalized Thinking And The Clean Water Act, Christine A. Klein
UF Law Faculty Publications
Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In …
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness
The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness
Law Faculty Scholarly Articles
The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …
Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott
Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott
Articles & Book Chapters
No abstract provided.
Legal, Technical, And Economic Challenges In Integrating Renewable Power Generation Into The Electricity Grid, Timothy P. Duane, Kiran H. Griffith
Legal, Technical, And Economic Challenges In Integrating Renewable Power Generation Into The Electricity Grid, Timothy P. Duane, Kiran H. Griffith
San Diego Journal of Climate & Energy Law
This Article addresses the legal, technical, and economic challenges of integrating high levels of renewable power generation into electrical grid system operation. Part II shows that the primary integration challenge is reducing the total costs of integration and allocating the costs of integration in a hybrid regulatory structure, which presents different institutional impediments than traditional cost-of-service ratemaking or rate-of-return regulation. We demonstrate that the primary impediment to improved integration is a failure to make the critical policy choice about how such costs will be allocated. Part III describes and analyzes the BPA-wind dispute in order to evaluate the adequacy of …
Who Regulates The Smart Grid? : Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets, Joel B. Eisen
Who Regulates The Smart Grid? : Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets, Joel B. Eisen
San Diego Journal of Climate & Energy Law
This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC’s broad authority to regulate the wholesale power markets.
Harmonizing Distributed Energy And The Endangered Species Act, J. B. Ruhl
Harmonizing Distributed Energy And The Endangered Species Act, J. B. Ruhl
San Diego Journal of Climate & Energy Law
This Article explores ways of harmonizing distributed energy and the ESA, a goal consistent with the national policy for renewable energy conservation. Several legal practitioners and scholars have identified the ESA as a potentially significant constraint on the siting and operation of wind power facilities. The ESA has also been identified as a potential barrier to renewable energy in general, as solar power, biomass, and ocean tide and wave facilities could have their own sets of impacts triggering ESA regulation. But most of this attention has been devoted to utility-scale renewable energy, with distributed energy largely ignored or perhaps assumed …
Waste Not, Want Not: Landfill Gas To Energy Projects, Climate Change, And The Clean Air Act, Katherine A. Trisolini
Waste Not, Want Not: Landfill Gas To Energy Projects, Climate Change, And The Clean Air Act, Katherine A. Trisolini
San Diego Journal of Climate & Energy Law
This Article aims to address this gap, proposing how the Rule could be amended to reduce methane generally and enhance LGTE specifically.
The sections discuss legal mechanisms to reduce landfill methane emissions and promote LGTE where appropriate, focusing on the federal Clean Air Act’s potential role in regulating landfill gas emissions. Section II explains the adverse effects of methane emissions generally and the potential benefits of reducing landfill emissions specifically. Section III describes federal emissions standards under the Clean Air Act and incentive programs for expanded use of LGTE. The discussion highlights potential conflicts between divergent means of regulating landfill …
Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send
Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send
San Diego Journal of Climate & Energy Law
This Article draws attention to the different outcomes that may result when WTO law is applied to resolve climate related national energy policy disputes, signals this might send for national energy policies, and how a subtle effect of indirect state liability may arise. Several pending or unresolved complaints currently at the WTO are used to demonstrate these effects. The complaints include the greenhouse gas controversy, the wind energy subsidies complaint, and the feed-in tariffs complaint. The next section, Section II, presents the basic WTO obligations of the four countries involved in these complaints (Japan, Canada, USA, China), and ways that …