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Articles 601 - 608 of 608
Full-Text Articles in Environmental Law
A Model For Community-Led Energy Planning And Climate Justice: Renewable Energy Development On The Hawaiian Island Of Molokai, Joel B. Eisen
A Model For Community-Led Energy Planning And Climate Justice: Renewable Energy Development On The Hawaiian Island Of Molokai, Joel B. Eisen
Law Faculty Publications
This Essay studies the ongoing clean energy transition on the Hawaiian island of Molokai. Efforts to reduce the island’s reliance on imported diesel fuel and exposure to volatile petroleum prices requires improving access to energy resources and mitigating climate change impacts. Rather than relying on or retrofitting inequitable legacy models, Molokai has opted to pursue low-cost, clean, and affordable distributed local energy. This essay posits that the contemporary model of the Molokai Community Energy Resilience Action Plan (CERAP), through the use of citizen involvement to generate community empowerment and integration of the work of the Hawaii Natural Energy Institute (HNEI) …
Virtual Energy, Joel B. Eisen
Virtual Energy, Joel B. Eisen
Law Faculty Publications
From employment to education, many areas of our daily lives have gone virtual, including the virtual workplace and virtual classes. By comparison, the way we generate, deliver, and consume electricity is an anachronism. And the electric industry’s outdated business model and regulatory framework are failing. For the last century-and-a-half, we have relied on ever larger power plants to generate the electricity we consume, often hundreds of miles away from the point of production. But the outsized carbon footprint of these power plants and the need to transmit their output over long distances threaten the electric grid’s reliability, affordability, and long-term …
Hydrogen Law And Policy Initiatives In The United States, Joel B. Eisen
Hydrogen Law And Policy Initiatives In The United States, Joel B. Eisen
Law Faculty Publications
The article discusses key US federal developments in hydrogen policy, including tax credits and significant funding for hydrogen hubs. Despite hydrogen's potential for decarbonization, establishing a hydrogen economy in the US requires overcoming production challenges and addressing legal, technological, and economic hurdles. Concerns persist regarding public acceptance and effectiveness in reducing greenhouse gas emissions in line with energy justice goals.
Are Race-Based Environmental Justice Policies Safe?, Oday Salim
Are Race-Based Environmental Justice Policies Safe?, Oday Salim
Other Publications
In recent years, we have seen a signiicant volume of federal and state environmental justice policy with attorneys general developing enforcement plans focused on environmental justice. Environmental and conservation agencies have adopted limited English proiciency (LEP) plans to ensure that LEP individuals are not let out of decision-making processes. And, in some states, there are environmental justice laws on the books that impact public hearings, siting, and permitting. Many of these recent policies require the government to consider race directly or indirectly when making decisions. In light of recent jurisprudence on the legality of race-conscious state action—particularly the U.S. Supreme …
Virtual Energy, Joel B. Eisen, Felix Mormann, Heather E. Payne
Virtual Energy, Joel B. Eisen, Felix Mormann, Heather E. Payne
Faculty Scholarship
From employment to education, many areas of our daily lives have gone virtual, including the virtual workplace and virtual classes. By comparison, the way we generate, deliver, and consume electricity is an anachronism. And the electric industry’s outdated business model and regulatory framework are failing. For the last century-and-a-half, we have relied on ever larger power plants to generate the electricity we consume, often hundreds of miles away from the point of production. But the outsized carbon footprint of these power plants and the need to transmit their output over long distances threaten the electric grid’s reliability, affordability, and long-term …
Water Challenges At The U.S.-Mexico Border: Learning From Community And Expert Voices, Kyle Haines, Owen Temby, Josiah Heyman, Mya J. Brown, Fonna Forman, Christopher Fuller, Dongkyu Kim, Alex S. Mayer, Alexis Racelis
Water Challenges At The U.S.-Mexico Border: Learning From Community And Expert Voices, Kyle Haines, Owen Temby, Josiah Heyman, Mya J. Brown, Fonna Forman, Christopher Fuller, Dongkyu Kim, Alex S. Mayer, Alexis Racelis
Political Science Faculty Publications
We discuss the results of a multi-dimensional learning process (expert surveys, community workshops) addressing water challenges at the U.S.-Mexico border. The grand institutional and political framework of the international border, and the tensions and gaps in it, dominates the water literature and expert concerns. However, social inequality and spatial and temporal diversity on both sides of the border emerge as important considerations from community input. Our goal is to make planning for regional water sustainability more comprehensive, both spatially and temporally, and more community responsive in a context of important divisions and inequalities. This is because the “sustainability” frame, as …
21st-Century Environmental Challenges And Revitalizing Epa Enforcement, David Uhlmann
21st-Century Environmental Challenges And Revitalizing Epa Enforcement, David Uhlmann
Articles
This is a profound moment for environmental protection efforts in our country. Over the past half-century, under presidents of both parties, we have made great progress addressing the challenges that led to the enactment of our environmental laws during the 1970s. Our air is cleaner, our rivers and streams are healthier, and we have far fewer hazardous waste sites. We have achieved those successes because of conscientious companies across America who meet their environmental obligations and the vigilance of the U.S. Environmental Protection Agency (EPA) and the Justice Department when companies break the law and put their profits before the …
Situating The Modern Public Trust Doctrine In Trust Law: The Duty Of Loyalty And The Case For Bifurcated, De Novo Judicial Review, Edward A. Zelinsky
Situating The Modern Public Trust Doctrine In Trust Law: The Duty Of Loyalty And The Case For Bifurcated, De Novo Judicial Review, Edward A. Zelinsky
Articles
This article situates the modern public trust doctrine (PTD) in contemporary trust law. Grounding the PTD in trust law leads to two important corollaries. First, the PTD planted in trust law imposes upon government actors and agencies trust law’s fiduciary duty of loyalty. In the context of the PTD, that duty of loyalty runs to the public as the beneficiary of the PTD. Second, faced with plausible claims that this fiduciary duty of loyalty to the public has been violated, courts should apply trust law’s de novo standard of review to those administrative and legislative decisions alleged to impair public …