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Washington and Lee University School of Law

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Articles 31 - 60 of 66

Full-Text Articles in Natural Resources Law

A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez Sep 2013

A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez

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

Climate change is an inevitable consequence of human greenhouse gas emissions. Without substantial changes in anthropogenic causes of climate change, there will be severe negative impacts on our planet. Complete abolition of greenhouse gas emissions, however, is not possible, nor will it necessarily stop the negative impacts of climate change. Therefore, substantial research must be done in geoengineering to understand better how we can positively act to avert significant climate change. Given the practical difficulties and potential effects, there must be comprehensive oversight. Currently, differing national laws makes this difficult. Additionally the United States laws do not properly cover climate …


Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara Sep 2013

Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara

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

On November 27, 2012—without the fanfare of a Rose Garden ceremony—President Obama signed into law a bill that forbids United States airlines from participating in the European Union Emissions Trading Scheme (“EU ETS”). Environmental organizations bemoaned the President’s decision after having urged him to veto the bill. Supporters of the law hailed the passage as a win for American sovereignty, preventing an illegitimate and disingenuous environmental tax on U.S. carriers and passengers. This article addresses the aviation industry’s role in global climate change, and offers an in-depth analysis of the EU ETS and the European Commission’s decision to include international …


Is It Time To Revoke The Tax-Exempt Status Of Rural Electric Cooperatives?, W. G. Beecher Sep 2013

Is It Time To Revoke The Tax-Exempt Status Of Rural Electric Cooperatives?, W. G. Beecher

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

Rural electric cooperatives (RECs) were created with government assistance in the mid-1930s as part of a campaign to bring electricity to rural areas in an effort to improve economic output and quality of living. By the early 1950s, the entirety of America had access to electricity, fulfilling the federal government’s mission. Today, these cooperatives strongly resemble their for-profit counterparts, but remain tax-exempt under § 501(c)(12) of the Internal Revenue Code. This note will argue that, in light of the changes that RECs have undergone and the environment in which they now operate, their tax-exempt status is no longer warranted and …


Clean Air V. Electric Reliability: The Case Of The Potomac River Generating Station, James W. Moeller Sep 2013

Clean Air V. Electric Reliability: The Case Of The Potomac River Generating Station, James W. Moeller

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

Environmental activists considered the shutdown of the Potomac Station a victory for environmental sustainability and a victory for the cause of clean air. Additionally, citizens of Alexandria, Virginia found this to be a victory over the “outdated” polluting coal burning power plant. Looking at the history of the Potomac Station, however, shows that without significant increases in transmission capacity to the mid-Atlantic, the Potomac Station could never have been shut down. This article addresses the case of the Potomac Station and the role of the Department of Energy, the Environmental Protection Agency, the Virginia Department of Environmental Quality, and the …


“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad Sep 2013

“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

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

Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …


“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman Sep 2013

“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman

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

The 1973 International Convention for the Prevention of Pollution from Ships and the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) seek to protect the world’s oceans from environmental harms. Traditional maritime law, principles of international law, and difficulties in detecting violations of MARPOL 73/78 have made it difficult for nations to enforce the strict requirements regarding oil pollution under Annex I. In light of these difficulties, the United States authorities have used other means under United States law to prosecute these violations. This note argues that while the United States’ …


The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters Mar 2013

The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters

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

No abstract provided.


Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller Mar 2013

Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller

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

No abstract provided.


Table Of Contents Mar 2013

Table Of Contents

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

No abstract provided.


Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson Mar 2013

Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson

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

Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …


Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis Mar 2013

Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis

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

No abstract provided.


Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley Mar 2013

Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley

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

The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …


Masthead And Front Matter Mar 2013

Masthead And Front Matter

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

No abstract provided.


Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer Jan 2012

Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer

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

No abstract provided.


Masthead & Front Matter Jan 2012

Masthead & Front Matter

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

No abstract provided.


Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux Jan 2012

Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux

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

No abstract provided.


Table Of Contents Jan 2012

Table Of Contents

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

No abstract provided.


Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval Jan 2012

Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval

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

No abstract provided.


National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters Jan 2012

National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters

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

No abstract provided.


Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu Jan 2012

Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu

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

No abstract provided.


Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat Jan 2012

Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat

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

No abstract provided.


American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust Jan 2012

American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust

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

No abstract provided.


Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley Jan 2011

Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley

Scholarly Articles

Recent trends in critical geography have drawn attention to the secret political lives of maps. Beneath a veneer of abstraction and scientific neutrality, maps are deeply political devices, embedding within them perspectives on what is important in a community, what are assets and what are liabilities, what is central and what is marginal. By drawing on the historical example of the mapping work of the Tennessee Valley Authority in the United States, this article examines the power of maps in community development, land use planning and natural resource allocation. This examination yields a lesson in the significance of the maps …


Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley Jan 2007

Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley

Scholarly Articles

The fight to save Appalachia from absolute devastation by mining companies has, thus far, been a losing battle. As the photographs recently published in Vanity Fair and Audubon so vividly proclaim, Appalachia—the great hidden forest of the United States—is still being laid to waste, mile by mile, despite the work of valiant activists. Although there have been numerous obstacles, the primary reason for failure is wrapped up in the image of Appalachia in the public consciousness. This single hurdle—the image of Appalachia—stands behind, buttressing numerous obstacles to ending mountain top removal mining.


United States V. Locke, Lewis F. Powell Jr Oct 1984

United States V. Locke, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Secretary Of Interior (Watt) V. California, Lewis F. Powell Jr Jan 1983

Secretary Of Interior (Watt) V. California, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Middlesex County Sewerage Authority V. National Sea Clammers Association, Lewis F. Powell Jr. Oct 1980

Middlesex County Sewerage Authority V. National Sea Clammers Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kaiser Aetna V. United States, Lewis F. Powell Jr. Oct 1979

Kaiser Aetna V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr. Oct 1978

Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Virginia Natural Resources And The New Virginia Wetlands Act, Denis J. Brion Mar 1973

Virginia Natural Resources And The New Virginia Wetlands Act, Denis J. Brion

Washington and Lee Law Review

No abstract provided.