Water, Climate, And Energy Security,
2011
Pace Law School
Water, Climate, And Energy Security, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
Energy Revolution And Disaster Response In The Face Of Climate Change,
2011
Pace Law School
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures. Part II of this article will address emergency preparedness for effective disaster response. Part III will analyze how decision-makers can use adaptive management in a shared local, regional, national, and international cohesive frame- work. Part IV will recommend resilient green building strategies. This article concludes that in the midst of an unprecedented energy revolution, there are meaningful emergency preparedness measures that the international community can facilitate to build resilience in the face of natural and unnatural disasters.
Capturing Individual Harms,
2011
Elisabeth Haub School of Law at Pace University
Capturing Individual Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …
Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation,
2011
University of Michigan Law School
Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe
Michigan Telecommunications & Technology Law Review
In 2004 the South Carolina General Assembly instituted a major reform to its system of public utility regulation. Previously, the Public Service Commission, the administrative agency in charge of regulating public utilities, both adjudicated utility proceedings and, through its staff,a advocated for the public interest. A scandal concerning revelations of extensive ex parte communications between regulated utilities and members of the Public Service Commission led to the 2004 reform, which created the Office of Regulatory Staff (ORS) as a separate agency to perform the Commission's advocative functions. In my research, I use data on fuel factor proceedings before and after …
The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy,
2011
Michigan Department of Energy Labor and Economic Growth
The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss
Michigan Telecommunications & Technology Law Review
Clean energy policy choices will be critical both for economic vitality within the United States and for international competitiveness in the race to improve clean energy technology and capture emerging markets. With legislative solutions losing momentum, business and industry leaders will be the key drivers in reorienting American policy, discourse, and economics in the clean energy economy. The problem, however, is that many political and business leaders are unaware of the job-creating potential and economic benefits in the clean energy sectors. These benefits could be realized if we made a serious, strategic effort to align our latent strengths in manufacturing …
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 …
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 Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program ,
2011
Fordham University School of Law
The Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman
Fordham Urban Law Journal
Since the 1990's there has been a continuously growing movement among advertisers to appeal to consumers by touting how environmentally friendly their products are. This note addresses the prominence of misleading and deceptive environmental claims that have prompted appeals for improved federal regulation. Specifically, the Note focuses on the emerging trend of carbon advertising and national and international models that provide guidance on preventing deception. Part I conveys the current status of environmental advertising and the necessary background principles for establishing regulations. Part II details major criticisms of the current environmental advertising guidelines and proposed models for restructuring environmental advertising …
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 …
The End Of Energy: The Unmaking Of America's Environment, Security, And Independence – Chapters 11 And 12,
2011
Columbia Law School
The End Of Energy: The Unmaking Of America's Environment, Security, And Independence – Chapters 11 And 12, Michael J. Graetz
Faculty Scholarship
With the permission of MIT Press, this document includes Chapters 11 and 12 from my 2011 book, The End of Energy: The Unmaking of America’s Environment, Security, and Independence. These two chapters discuss some of the history and merits of taxes, subsidies, and regulation (including cap and trade) as mechanisms to implement policies to curb greenhouse gases. In light of the renewed interest in and discussion of command and control regulations and carbon taxes, these chapters may be useful to readers who do not have the book. The bibliographic material relating to these chapters is contained in the book and …
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.
Introductory Note To The International Centre For Settlement Of Investment Disputes: Aes Summit Generation Ltd. V. Republic Of Hungary,
2011
Duke Law School
Introductory Note To The International Centre For Settlement Of Investment Disputes: Aes Summit Generation Ltd. V. Republic Of Hungary, Charles O. Verrill Jr.
Faculty Scholarship
No abstract provided.
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, …
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.
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 …
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 …
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.
