Environmental Law Commons^™

The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith

Journal of Environmental and Sustainability Law

No abstract provided.

Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran

Journal of Environmental and Sustainability Law

No abstract provided.

Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia

Journal of Environmental and Sustainability Law

No abstract provided.

Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield

Journal of Environmental and Sustainability Law

No abstract provided.

Carbon-Tuning New York’S Electricity System: Uncovering New Opportunities For Co2 Emissions Reductions, Nick Martin

Environmental Law Program Publications @ Haub Law

Distributed energy resources (DER), including technologies and services such as behind-the-meter generation, demand response, energy management, and energy efficiency, are touted as effective ways to improve electric system efficiencies and reduce harmful air emissions. The New York State Public Service Commission’s landmark Reforming the Energy Vision (REV) proceeding aims to unleash competitive forces that will invest in DER across the state with the explicit goal of reducing customer bills and the environmental impact of electricity production.

As initiatives like New York’s REV continue, understanding the emission impacts of DER deployment becomes vital to ensure these efforts achieve the greatest environmental …

The Clean Power Plan Puzzle: The Future Of Efforts To Control Climate Pollution In The Northeast, David Gahl, Pearl Gray, Nick Martin

Environmental Law Program Publications @ Haub Law

In October 2015 the U.S. Environmental Protection Agency (EPA) finalized the first national plan to cut climate pollution from power plants. Called the Clean Power Plan (CPP), the effort requires a 32% nation-wide reduction in greenhouse gas (GHG) emissions from the power sector. The CPP also gives states multiple pathways to comply. Now states are on the clock: they must submit their individual compliance plans or signal their intent to submit multi-state plans by September 2016.

The nine states participating in the Regional Greenhouse Gas Initiative (RGGI), the first market-based trading platform established to cut climate pollution from power plants …

Returning To Eden: Toward A Faith-Based Framing Of The Environmental Movement, Chika Okafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Against The Current: Five States' Upstream Battle Against An Aquatic Nuisance Invasion In Michigan V. United States Army Corps Of Engineers, Joseph J. Clemente

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The End Of A War Does Not End Its Adverserial Reach: The Federal Government's Indemnification Of World War Ii Contractors For Toxic Waste Cleanup Resulting From Wartime Manufacturing Efforts In Shell Oil Co. Et Al. V. United States, Andrew P. Lawson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Raisin' Contentions: A Farmer's Grapes Of Wrath And The Ninth Circuit's Questionable Takings Analysis In Horne V. U.S. Dept. Of Agriculture, Drew S. Mcgehrin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Do Not Pass Go; Do Not Collect $200; Go Directly To The Ehb; The Ehb Holds Fast To Its Regulatory Role In Interstate Gas Regulation In Delaware Riverkeeper Network V. Department Of Environmental Protection, Adam Settle

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Our growing global population is demanding a more resource-intensive and so-called “Western” diet. And that change in demand has drastic impact on how we must change our supply.

Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.

Ethical Considerations For Practitioners Advising On Esa Issues, Irma S. Russell

Faculty Works

All lawyers are subject to the rules of ethics and professional conduct of their jurisdictions of practice. Regulation of lawyers is within the jurisdiction of the states, typically the supreme court of each state. Many state supreme courts have adopted customized versions of the professional rules from the American Bar Association’s Model Rules of Professional Conduct (“Model Rules”). While the Model Rules are not law in any jurisdiction, most states base their ethics codes on the Model Rules. In fact, all jurisdictions, with the exception of California, now base their ethics rules on the Model Rules. Additionally, courts have inherent …

Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds

University of Richmond Law Review

No abstract provided.

Rolling The Dice: Calculating The Odds For Punitive Damages In Arctic Drilling, Michael Todisco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Did The Court Dig Too Deep?': An Analysis Of The Pennsylvania Supreme Court's Decision In Robinson Twp., Washington County V. Commonwealth Of Pennsylvania, El Al., Meghan A. Farley

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Predicting Consumer Demand Responses To Carbon Labels, Michael P. Vandenbergh, Sharon A. Shewmake, Abigail Okrent, Lanka Thabrew

Vanderbilt Law School Faculty Publications

Providing carbon footprint labels for all food products is a daunting and potentially infeasible project. Knowing how consumers substitute away from high carbon goods and what they choose as substitutes is essential for understanding which goods are likely to result in meaningful reductions in carbon emissions. This paper proposes a model to systematically estimate how consumers will respond to information from a carbon footprint label. Our model uses consumers' value of their individual carbon footprint with own- and cross-price elasticities of demand data on carbon emissions from life cycle analysis to simulate shifts in consumer demand for 42 food products …

Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin

Research Collection Yong Pung How School Of Law

While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …

Short Presentations Followed By Facilitated Discussions, James Houck, David Titley, Michael Mann

Penn State Symposium on the Arctic

Retired Navy Vice Adm. James W. Houck is interim dean and Distinguished Scholar in Residence at Penn State Law and the School of International Affairs. Houck focuses his research and teaching on international law and national security law, with a particular emphasis on the law of the sea and the law of armed conflict. He joined Penn State in 2012 after retiring as the 41st judge advocate general of the U.S. Navy, during which time he was the principal military legal counsel to the secretary of the Navy and chief of naval operations. In this role, he led the 2,300 …

Law, Regulation, And Policy In The Arctic, Michael D. Farber, Klaus Keller

Penn State Symposium on the Arctic

Klaus Keller is a professor of geosciences at Penn State, with an adjunct appointment as a professor of engineering and public policy at Carnegie Mellon University. At Penn State, Keller directs the Center for Climate Risk Management (CLIMA) as well as the NSF-sponsored research network for Sustainable Climate Risk Management (SCRiM). Before joining Penn State, he worked as a research scientist and lecturer at Princeton University and as an engineer in Germany. Keller graduated from Princeton with a Ph.D. in civil and environmental engineering. He received master’s degrees from M.I.T. and Princeton as well as an engineer’s degree from …

Nga Brings Geospatial Intelligence To The Arctic, Rachel Bernstein

Penn State Symposium on the Arctic

No abstract provided.

Keynote - Why The Rapidly Changing Arctic Matters To Science, Hon. Fran Ulmer

Penn State Symposium on the Arctic

Fran Ulmer is chair of the U.S. Arctic Research Commission, where she has served since being appointed by President Barack Obama in March 2011. In June 2010, Obama appointed her to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. From 2007 to 2011, Ulmer was chancellor of Alaska's largest public university, the University of Alaska Anchorage (UAA). Prior to that, she was a Distinguished Visiting Professor of Public Policy and director of the Institute of Social and Economic Research at UAA. She is a member of the Arctic Council chairmanship, the global board of The …

Keynote - Arctic Council Update: Perspective From The Chairmanship, Robert J. Papp Jr

Penn State Symposium on the Arctic

Retired Coast Guard Adm. Robert J. Papp Jr. became the State Department’s special representative for the Arctic in July 2014. He leads the effort to advance U.S. interests in the Arctic region, with a focus on Arctic Ocean governance, climate change, economic, environmental, and security issues in the Arctic region as a member of the Arctic Council chairmanship. Prior to this appointment, Papp served as the 24th commandant of the U.S. Coast Guard, and led the largest component of the Department of Homeland Security. As a flag officer,Papp served as commander, Coast Guard Atlantic Area; chief of staff for the …

Building Codes To Minimize Cover Collapses In Sinkhole-Prone Areas, George Veni, Connie Campbell Brashear, Andrew Glasbrenner

Sinkhole Conference 2015

Cover- collapse sinkholes are forming with increasing frequency under buildings. Analyses of sinkhole distribution in Beacon Woods, Florida, preliminarily indicate their occurrence is an order of magnitude greater in urban versus undeveloped areas, suggesting the structures themselves are enhancing the collapse process. The most likely causes are induced recharge via at least one of two sources. First, runoff and drainage from roads, structures, and impoundments that is not adequately dispersed will promote sinkhole development. Second, leaking water, sewer, and septic systems beneath or adjacent to a structure will also promote collapse. The process of cover-collapse from induced recharge is well …

California's Redd Rubberstamp: Avoiding Constitutional Concerns, But At What Cost?, Ryan Mock

Environmental and Earth Law Journal (EELJ)

The purpose of this note is to examine the issues surrounding California's carbon market, the challenges of effectively regulating such a market that allows domestic companies to purchase carbon credits generated abroad, and the need for federal intervention if carbon trading is to become an effective and ethical reality in the United States. This note also provides background on the United Nation's REDD (Reducing Emissions from Deforestation and Degradation) programs, as well as covers the history of California's Global Warming Solutions Act of 2006. In addition, this note explains the problems California has with negotiating with foreign governments since those …

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.