Environmental Law Commons^™

Pc Pets For A Price: Combating Online And Traditional Wildlife Crime Through International Harmonization And Authoritative Policies, Jessica B. Izzo

William & Mary Environmental Law and Policy Review

No abstract provided.

Spectre, Llc V. Dhec And The Administrative Procedures Act, Sam Finklea

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Coal Ash Law And Regulation In The United States: An Overview, Steven T. Moon, Amanda B. Turner

Southeastern Environmental Law Journal

No abstract provided.

Rationalism In Regulation, Christopher C. Demuth, Douglas H. Ginsburg

Michigan Law Review

Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health, by Richard L. Revesz and Michael A. Livermore, aims to convince those who favor more government regulation-in particular environmental groups-that they should embrace cost-benefit analysis and turn it to their purposes. Coauthored by a prominent law school dean and a recent student with a background in environmental advocacy, the book is a jarring combination of roundhouse political polemics and careful academic argument. Sweeping pronouncements are followed by qualifications that leave the sweep of the pronouncements in doubt- rather like the give-and-take of the law school classroom …

A Repulsive River Comes Back, Barry B. Boyer

Other Scholarship

No abstract provided.

A Sea Of Change To Change The Sea: Stopping The Spread Of The Pacific Garbage Patch With Small-Scale Environmental Legislation, Jessica R. Coulter

William & Mary Law Review

No abstract provided.

Energy Efficiency Merits More Than A Nudge, Michael P. Vandenbergh, Thomas Dietz, Gerald T. Gardner, Jonathan Gilligan, Paul Stern

Vanderbilt Law School Faculty Publications

In their policy forum (Behavior and Energy Policy,” 5 March, p. 1204), H. Allcott and S. Mullainathan identify an important opportunity for reducing energy consumption inexpensively by applying behavioral science. Even larger opportunities can be realized, however, by combining behavioral interventions with other policy tools to address a wider range of behaviors.The field policy experiments cited by the authors use behavioral “nudges” to change home equipment use. The full potential of behavioral interventions comes from inducing people to adopt energy-efficient technology.

Climate Change Adaptation And The Structural Transformation Of Environmental Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to regulate sources of greenhouse gas emissions quickly snuffed out meaningful progress on the formulation of adaptation strategies designed to respond to the effects of climate change on humans and the environment. Only recently has this adaptation deficit become a concern now actively included in climate change policy debate. Previously treating talk of adaptation as taboo, the climate change policy world has …

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article focuses on a different but related fundamental policy design question: How should federal agencies implement existing statutory authorities to contribute to a coherent national climate change policy? One might ask why we should be concerned with how existing laws can be employed given reasonable expectations that the Obama Administration and Congress are poised to make gains on new federal initiatives. For several reasons, however, it is unlikely that even bold new federal legislation-a comprehensive carbon tax on all fossil fuel consumption or a cap-and-trade program broadly encompassing major emission sources-will obviate the need to solve the puzzle of …

New Mexico Environmental Flows Workshop Report And Synthesis, From The Environmental Flows Workshop At The University Of New Mexico School Of Law March 15, 2010, Utton Transboundary Resources Center, Unm, Adrian Oglesby

Publications

This report is a synthesis of the presentations and discussions featured at the Utton Transboundary Re-sources Center’s March 15, 2010 Environmental Flows Workshop at the University of New Mexico School of Law. Over 100 stakeholders, lawyers, scientists, and decision-makers gathered to develop a better understanding of how environmental flows are successfully implemented across the West and in New Mexico. They also began the process of evaluating the condition of New Mexico’s rivers and identifying opportunities to conserve and enhance their natural functions.

The goal of the Workshop was to inform a wide range of policy-makers, agency managers and stakeholders of …

Protecting New Mexico’S Waters: A Blueprint For The Future, Denise D. Fort

Faculty Scholarship

Aquatic species are imperiled by water diversions, introduced species, pollution and now climate change. In the western U.S., water law rewards the withdrawal and use of water, rather than leaving water instream for ecological, recreational and other purposes. New Mexico has no statutory protections for environmental flows and is increasing its diversions of water from rivers. This paper discusses the status of instream flows in the state and proposes policies to better protect the state’s waters.

Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig

Washington and Lee Journal of Energy, Climate, and the Environment

In January 2009, the EPA agreed to respond to the Center for Biological Diversity’s (CBD’s) petition requesting it to modify its marine pH water quality criteria to reflect ocean acidification. Ocean acidification, however, is a by-product of increasing concentrations of carbon dioxide in the atmosphere. Thus, climate change has come to the Clean Water Act—and in May 2009, the CBD filed suit in the U.S. District Court for the District of Washington to bring this point home. The question, of course, is what the Clean Water Act can actually contribute to efforts to deal with climate change. After reviewing the …

Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre

Washington and Lee Journal of Energy, Climate, and the Environment

Climate debate and policy proposals in the United States have yet to grasp the gravity and magnitude of the challenges posed by global warming. This paper develops three arguments to redress this situation. First, the spatial and temporal scale of the processes linking greenhouse gas (GHG) emissions to climate change is unprecedented in human experience, challenging our abilities to comprehend, let alone act. An adequate understanding of the scale of global warming leads to an unequivocal starting point for all discussions: we must leave as much fossil fuel in the ground as possible, for as long as possible. Second, a …

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Greening The Economy Sustainably, David L. Markell

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova

Washington and Lee Journal of Energy, Climate, and the Environment

I argue that an appropriately conceived and well-designed border climate adjustment scheme, as a policy mechanism potentially utilizable by many States party to the United Nations Framework Convention on Climate Change, may lead to desirable consequences for the development of comprehensive global greenhouse gas management in furtherance of the Framework Convention’s objectives. By creating the conditions for a healthy experimentalism and regulatory competition among the regulating bodies of diverse national markets, the use of origin-neutral border climate adjustment schemes, equivalent to the climate regulatory costs imposed on like domestic products as a condition of market access, may lead to a …

Arrival Then Denial: Interpreting §203(A) Of The Clean Air Act, Analyzing Evidentiary Challenges, & Assessing Conflicting Statutory Directives, Jesse Levine

Distinguished Student Research Papers

An “arrival then denial” occurs when uncertified engines arrive at a U.S. port, but are denied entry to the U.S. by Customs & Border Protection (Customs). Why does this matter? In most cases these uncertified engines are sent back to the country of origin. However, due to resource constraints, a sizeable number of uncertified engines slip past Customs and enter the U.S. each year. Uncertified engines, without proper controls, have been estimated to emit at least 30% more emissions than their certified counterparts. Such emissions exacerbate climate change, acid rain, and air quality generally. EPA attorneys assert that their best …

The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo

Publications

No abstract provided.

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.

Riparian Area And Upper Watershed Condition, Mary Steuver

Publications

No abstract provided.

Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert

Publications

No abstract provided.

Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan

Publications

No abstract provided.

Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board

Publications

No abstract provided.

Environmental Flow Issues & Science, Tom Annear

Publications

No abstract provided.

Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger

Publications

No abstract provided.

Environmental Flows Allocation Process In Texas, Kevin Mayes

Publications

No abstract provided.

Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der

University of Richmond Law Review

No abstract provided.

Offshore Windfall: What Approval Of The United States' First Offshore Wind Project Means For The Offshore Wind Energy Industry, Michael P. Giordano

Law Student Publications

This comment explores the Cape Wind project with an emphasis on its role as the first United States offshore wind energy project. Part II of this comment explains the potential energy resource that offshore wind provides and examines some of the economic, technological, and regulatory challenges facing the development of offshore wind projects in United States waters. Part III of this comment introduces the Cape Wind project as a case study by briefly describing the particular political struggles and permitting challenges faced by its developers. Part IV of this comment analyzes how DOI approval and the eventual construction of Cape …

Pining For Sustainability, Timothy M. Mulvaney

Faculty Scholarship

The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically …