The Supreme Court Disposes Of A Nuisance Suit: American Electric Power V. Connecticut,
2011
Case Western University School of Law
The Supreme Court Disposes Of A Nuisance Suit: American Electric Power V. Connecticut, Jonathan H. Adler
Faculty Publications
In American Electric Power v. Connecticut the Supreme Court confronted climate change litigation for the second time. Whereas Massachusetts v. EPA was a closely divided court decision with dramatic and far-reaching legal and policy implications, AEP was a narrow, unanimous opinion that hewed closely to well-settled precedent. In AEP the Court side-stepped difficult jurisdictional questions and rejected an ambitious effort to turn the federal common law of nuisance into a judicially administered environmental regulatory regime. While not erecting any new barriers to future climate suits, the Court’s opinion raised cautions about trying to make climate change policy through the judiciary. …
Legal And Policy Issues Related To Anaerobic Digestion At United States Livestock Facilities,
2011
University of Kentucky
Legal And Policy Issues Related To Anaerobic Digestion At United States Livestock Facilities, Jennifer C. Fiser
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Airspace In A Green Economy,
2011
University of Missouri School of Law
Airspace In A Green Economy, Troy A. Rule
Faculty Publications
The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …
Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs,
2011
University of Colorado Law School
Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox
University of Colorado Law Review
Property Assessed Clean Energy (PACE) is a method of public financing for energy improvements through special assessments on local government property taxes. Interest in PACE exploded since its inception in 2008, with almost half the states rapidly enacting legislation enabling local governments to use their property collection power to finance residential energy investments. The growth in PACE has been suspended and existing programs have been put on hold in the face of opposition from the federal secondary mortgage market regulators. Governments and environmental advocates supporting PACE have initiated litigation against federal mortgage and banking regulators and are seeking passage of …
Legal Issues In Financing Energy Efficiency: Creative Solutions For Funding The Initial Capital Costs Of Investments In Energy Efficiency Measures,
2011
West Virginia University College of Law
Legal Issues In Financing Energy Efficiency: Creative Solutions For Funding The Initial Capital Costs Of Investments In Energy Efficiency Measures, James M. Van Nostrand
Law Faculty Scholarship
No abstract provided.
Expanding Regional Renewable Governance,
2011
Florida State University College of Law
Expanding Regional Renewable Governance, Hannah J. Wiseman
Scholarly Publications
Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a potential site for a utility-scale development is identified, a new piece of property, which I call a “renewable parcel,” is superimposed …
The New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race",
2011
University of Richmond
The New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
Law Faculty Publications
The issue of China's support for renewables has taken center stage in the United States, thanks to an investigation by the United States Trade Representative (USTR) that commenced in October 2010. That investigation began with a complaint alleging that China unfairly subsidizes its greentech industries, in violation of its obligations as a member of the World Trade Organization (WTO). Well before that investigation began, numerous Americans believed the United States was less engaged in greentech promotion than China. China has come very far in a short amount of time to promote renewables, and many feel the United States is falling …
A Case For Coordinating Economic Development Planning With Energy Planning,
2011
University of South Carolina
A Case For Coordinating Economic Development Planning With Energy Planning, Leighton Lord, Jeff Ruble
South Carolina Journal of International Law and Business
No abstract provided.
Native Nation Economic Development Via
The Implementation Of Solar Projects:
How To Make It Work,
2011
Washington and Lee University School of Law
Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht
Washington and Lee Law Review
No abstract provided.
Residential Renewable Energy: By Whom?,
2011
University of Richmond
Residential Renewable Energy: By Whom?, Joel B. Eisen
Law Faculty Publications
The technology already exists to put solar photovoltaic (PV) panels on millions of homes, but we have paid inadequate attention to getting them there. This current lack of focus on distribution will limit residential solar deployment indefinitely, unless it is addressed soon. While a number of solutions to this problem have been proposed or are in various stages of implementation, this Article finds that given the pressing need to address climate change, more rapid action is needed. In addition to pursuing other options for generating electricity using renewables (including onshore and offshore wind power, and utility-scale solar power stations), and …
Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2,
2011
Carnegie Mellon University
Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson
Faculty Articles
No abstract provided.
Lord Coke, The Restatement, And Modern Subsurface Trespass Law,
2011
University of Oklahoma College of Law
Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson
Faculty Articles
No abstract provided.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation,
2011
Pace Law School
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human lights and environment fields can advance both and enhance resilience.
Solar Rights For Texas Property Owners,
2011
University of Connecticut School of Law
Solar Rights For Texas Property Owners, Sara Bronin
Faculty Articles and Papers
In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. Additionally, …
The New Climate Metric: The Sustainable Corporation And Energy,
2011
Suffolk University Law School
The New Climate Metric: The Sustainable Corporation And Energy, Steven Ferrey
Suffolk University Law School Faculty Works
The globalization of commerce is manifest. The modern mission statement of many US corporations is to compete in global markets. In this article, first, we define what is “sustainable” in the modern corporate context. Like other new terms employed in recent government environmental regulations, such as “additionality” (see S. Ferrey, When 1 + 1 No Longer Equals 2: The New Math of Legal "Additionality" Controlling World and U.S. Global Warming Regulation, 10 MINN. J.L. SCI. & TECH. 591 (2009)), the reality may be in the "eye of the beholder" – or at least, the regulator. This article examines measurement …
Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants, And Empower Ratepayers,
2011
Villanova University Charles Widger School of Law
Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants, And Empower Ratepayers, Shannon Baker-Branstetter
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Energy Revolution And Disaster Response In The Face Of Climate Change,
2011
Villanova University Charles Widger School of Law
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy,
2011
University of Colorado Law School
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
University of Colorado Law Review
Water is essential for life. Inadequate potable water supplies lead to poverty, disease, starvation, and civil strife. Climate change is likely to put more pressure on the world's supply of fresh water. Rising sea levels will introduce salt into some fresh water systems. As high mountain snow cover and glaciers decline, they will store less fresh water. As regions heat up, droughts will become more persistent. Producing energy uses water. How much water is used depends on the source of the energy. Yet in the rush to transition to a renewable energy economy, policy makers have paid little heed to …
Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest,
2011
Pacific McGeorge School of Law
Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities,
2011
Columbia Law School
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard
Faculty Scholarship
This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …
