Environmental Law Commons^™

Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein

Public Land & Resources Law Review

In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.

V.1 No.4

Conservation Law Center Newsletter

No abstract provided.

The Use Of Lng As A Marine Fuel: Civil Liability Considerations From An International Perspective, Jingjing Xu, David Testa, Proshanto K. Mukherjee

Plymouth Business School

Recent regulations in the maritime domain have placed increasing pressure on the shipping industry to reduce exhaust emissions from ships. Using LNG, which produces virtually 0% sulphur dioxide emissions, as an alternative fuel has thus become an attractive option to shipowners. However, the absence of a comprehensive legal framework in this regard is noteworthy, particularly in view of the fact that the issue of liability for pollution damage and the corresponding issue of compensation is a lacuna in the domain of international maritime law. This article examines this issue in detail and proposes that there is an urgent need to …

Retail Rate Impacts Of Distributed Solar: Focus On New England, Nick Martin, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

The Lawrence Berkeley National Laboratory (LBNL) recently issued a study entitled “Putting the Potential Rate Impacts of Distributed Solar into Context,” authored by Galen Barbose. The LBNL study estimates the potential rate impact of distributed solar on national average retail electricity prices, and importantly, compares that impact to the potential impact of other rate drivers such as natural gas prices, renewable portfolio standards, and utility capital expenditures.1

This brief applies a similar style analysis as used by LBNL to regional and state level data to estimate more granular impacts for New England. We estimate rate impacts for various penetration rates …

Of Prairie Dogs And Congressmen: Defining The Regulated Activity And Why It Matters For Rhe Commerce Clause Substantial Effect Test, Bethany Bostron

William & Mary Bill of Rights Journal

No abstract provided.

Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr

Faculty Scholarship

In response to the historic Paris Agreement on climate change and to the Environmental Protection Agency’s recently finalized Clean Power Plan, economists and other climate policy experts have renewed the call for the United States to adopt a carbon tax. Opposition among the public presents a major obstacle. While a majority of the public supports government action on climate change, most people favor the use of “green” subsidies and command-and-control regulations—a fact that frustrates economists of all political stripes who contend that a carbon tax would be much cheaper and more effective. This Article argues that a cognitive bias known …

Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann

Faculty Scholarship

This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.

But renewable portfolio standards, feed-in tariffs, and …

Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its …

Carbon Tax Rising, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based investments, such as agricultural or forestry projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This has serious implications for requirements for meaningful consultation, and, where applicable, free, prior, and informed consent (FPIC), and is particularly important in situations in which investor-state contracts grant the investor rights to lands or resources over which the community has legitimate claims.

The paper explores how consultation and FPIC processes can be integrated into …

Too Big To Disclose: Firm Size And Materiality Blindspots In Securities Regulation, George S. Georgiev

Articles

This Article argues that the securities disclosure regime contains previously unexamined structural deficiencies that pertain to the information provided by the largest public companies. These deficiencies arise from the operation of the materiality standard, a core element of the disclosure regime that is used in a number of SEC disclosure rules. The materiality standard is designed to limit firms' disclosure to information that would be of importance to investors, and to prevent the overproduction of information. I suggest, however, that in the case of large firms the materiality standard can also lead to the underdisclosure of information-or to "materiality blindspots." …

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.

Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer

Cleveland State Law Review

Bioprospecting is a growing worldwide effort to protect knowledge and the environment. With its potential economic benefit and technological advancements, bioprospecting will continue to grow as the world advances. Other nations have begun to protect the information available and continue to develop legislation. However, the United States has been hesitant to ratify international treaties or implement its own legislation. This Note examines both domestic and international efforts to protect both indigenous people and the environment. It analyzes the legislation the United States currently has in place but also examines where the United States is lacking. Regarding the United States’ failure …

Anticipating Endangerment: The Biopolitics Of Threatened Species Lists, Irus Braverman

Journal Articles

The last two decades have witnessed an explosion of national and global lists of threatened and endangered species. This article draws on interviews with prominent list managers and observations of their assessments to explore the scientific practices of list-making in the context of species conservation. Delving into the complex calculations of risk and threat that take place in the process of ranking nonhuman species based on their probability of extinction, the article explores the threatened species list as a biopolitical technology of catastrophe governance. My focus on two prominent lists — the IUCN Red List of Threatened Species and NatureServe’s …

Where Oil Is King, Kristen Van De Biezenbos

Fordham Law Review

Donald Trump has won the 2016 presidential election, and, based on his campaign rhetoric, it seems reasonable to anticipate that the next four years will see a rollback of federal rules and regulations originally intended to combat climate change and environmental pollution in favor of increased production of fossil fuels, including coal. This raises the question of where we can look for protection of environmental goals, if not to federal law or agencies. Unconventional solutions to energy and environmental issues may be the only way to move forward on environmental challenges in the near term. This Article suggests one such …

Legal And Institutional Foundations Of Adaptive Environmental Governance, J.B. Ruhl, Daniel A. Decaro, Brian C. Chaffin, Edella Schlager

Vanderbilt Law School Faculty Publications

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience.We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society …

Clean Power Plant Update, Sean Alteri

Kentucky Journal of Equine, Agriculture, & Natural Resources Law Symposia

In this session, Sean Alteri gave an update on the Clean Power Plan in Kentucky.

The Impact Of Regulations On The Eastern Kentucky Coal Industry, Noah Friend

Kentucky Journal of Equine, Agriculture, & Natural Resources Law Symposia

In this session, Noah Friend discussed the impact of regulations on the Eastern Kentucky coal industry.

Garbage, Power, And Environmental Justice: The Clean Power Plan Rule, Ana Isabel Baptista, Kumar Kartik Amarnath

William & Mary Environmental Law and Policy Review

No abstract provided.

Betraying Formality For False Equity: The Danger Of Transposing Equitable Considerations Into Contract Law To Remedy Regulatory Pitfalls, Elliott Morris

William & Mary Environmental Law and Policy Review

No abstract provided.

State And Local Procedural Injustices In Environmental Regulation: The Experiences Of Tallevast, Florida, Brett M. Paben

William & Mary Environmental Law and Policy Review

Government decisions made at the local and state level are those that most often directly affect communities. Participatory and procedural protections under state and local, rather than federal law, therefore, largely control the ability of grassroots environmental justice advocates to shape government decisions important to their communities. Thus, significant disparities in the standards of procedural justice differ not only by which state an environmental justice community happens to be located in, but also by the type of local government with authority over that community. Frequently, this diminishes the empowerment efforts of communities found in unincorporated areas. The community found in …

Achieving Emissions Reductions For Environmental Justice Communities Through Climate Change Mitigation Policy, Nicky Sheats

William & Mary Environmental Law and Policy Review

No abstract provided.

The Battle Over Scientific Whaling: A New Proposal To Stop Japan’S Lethal Research And Reform The International Whaling Commission, Laura Hoey

William & Mary Environmental Law and Policy Review

No abstract provided.

Room To Grow: A Consumer-Focused Proposal For Revitalizing Ohio’S Renewable Energy Sector Through Sustainable Expansion Of The Market, Mairi Mull

William & Mary Environmental Law and Policy Review

No abstract provided.

Recurrent Flooding And Social Vulnerability: A Model Ordinance, Sarah Edwards

William & Mary Environmental Law and Policy Review

No abstract provided.

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land & Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.

Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy

Public Land & Resources Law Review

In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.

The Clark Fork Coalition V. Tubbs, Jonah P. Brown

Public Land & Resources Law Review

Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.

The Environment: Everyman's Issue, Charles C. Johnson, Jr.

The Catholic Lawyer

No abstract provided.