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Measuring The Benefits Of Power Plant Effluent Regulation, David A. Keiser, Bethany A. Daviss Noll, Catherine L. Kling, Rachel Rothschild 2022 University of Michigan Law School

Measuring The Benefits Of Power Plant Effluent Regulation, David A. Keiser, Bethany A. Daviss Noll, Catherine L. Kling, Rachel Rothschild

Other Publications

This report reviews the Economic Analysis (EA) that supported the 2020 Revisions of the Effluent Limitation Guidelines (ELGs) and Standards for the Steam Electric Power Generating Point Source Category (“2020 Rule” or “Rule”). We review the economic framework, literature, and analyses performed to support these revisions. Our report builds on Davis Noll and Rothschild (2021). In that report, Davis Noll and Rothschild detailed numerous impacts of the 2020 Rule that EPA neglected to examine in the EA, such as the health impacts from bromide, lead, and mercury emissions, harms to threatened and endangered species, and forgone climate benefits related to …


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo 2022 Seattle University School of Law

A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo

American Indian Law Journal

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser 2022 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Extraction Of Personal Data: A New Form Of Colonialism Or Continuation Of A Colonial Practice? Adult Native American Adoptees Resist Assimilation And Rebuild Erased Identities, Leonard Mukosi 2022 Seattle University School of Law

Extraction Of Personal Data: A New Form Of Colonialism Or Continuation Of A Colonial Practice? Adult Native American Adoptees Resist Assimilation And Rebuild Erased Identities, Leonard Mukosi

American Indian Law Journal

A new form of colonialism, distinctive of the 21st century is reported to be taking shape: data colonialism. Data colonialism interprets the contemporary capture and processing of personal data by governments or data corporations as an evolution of historical colonialism. Scholars who advance this theory do not juxtapose the contents, form, let alone the physical violence of historical colonialism with the contemporary practices of appropriation of personal data. Instead, they only refer to historic colonialism in the context of its function within the development of economies on a global scale. The main argument made in this paper is that; to …


Lumpy Social Goods In Energy Decarbonization: Why We Need More Than Just Markets For The Clean Energy Transition, Daniel E. Walters 2022 Texas A&M University School of Law

Lumpy Social Goods In Energy Decarbonization: Why We Need More Than Just Markets For The Clean Energy Transition, Daniel E. Walters

Faculty Scholarship

To avoid the worst consequences of global climate change, the United States must achieve daunting targets for decarbonizing its electric power sector on a very short timescale. Policy experts largely agree that achieving these goals will require massive investment in new infrastructure to facilitate the deep integration of renewable fuels into the electric grid, including a new national high-voltage electric transmission network and grid-scale electricity storage, such as batteries. However, spurring investment in these needed infrastructures has proven to be challenging, despite numerous attempts by regulators and policymakers to clear a path for market-driven investment. Unchecked, this problem threatens to …


Crossing The Dark And Fearful River: Monsanto, Pcbs, And Emerging Tort Theories, Keith Dornan, Jamie Hearn 2022 Seattle University School of Law

Crossing The Dark And Fearful River: Monsanto, Pcbs, And Emerging Tort Theories, Keith Dornan, Jamie Hearn

American Indian Law Journal

guide the discussion.

Tribal, state, and city authorities are currently pursuing or have settled product liability, public nuisance, and other common law and statutory tort claims brought against Monsanto[1] for PCB contamination.[2] “Sovereign-led” litigation melds traditional plaintiff common law tort litigation with sovereign-led environmental suits and is an emerging trend in environmental law.[3] Tort claims against the manufacturers of contaminants ubiquitous in the environment give sovereigns a new angle for pursuing damages separate from a traditional statutory environmental claim under federal or state regulatory schemes, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)


International Energy And Natural Resources, Petra Stewart, Mauricio Becerra de la Roca Donoso, Mario Ballivian, Mathias Dantin, Kevin Haroff, Kingsley Osei, Leonardo Sempertegui, Ricardo Alves Silva, Sara Frazão 2022 Southern Methodist University

International Energy And Natural Resources, Petra Stewart, Mauricio Becerra De La Roca Donoso, Mario Ballivian, Mathias Dantin, Kevin Haroff, Kingsley Osei, Leonardo Sempertegui, Ricardo Alves Silva, Sara Frazão

The Year in Review

No abstract provided.


Legal Provisions On Shared Use Of Mining Infrastructure: Rail, Port, And Power, Logan Hinderliter, Martin Dietrich Brauch, Perrine Toledano 2022 Columbia Law School, Columbia Center on Sustainable Investment

Legal Provisions On Shared Use Of Mining Infrastructure: Rail, Port, And Power, Logan Hinderliter, Martin Dietrich Brauch, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In 2011, CCSI began to research how mining infrastructure can be leveraged for sustainable development and in 2013 created an economic, legal, and operational framework to generate shared-use benefits from rail, ports, power, water, and internet and telecommunications. CCSI has published many works on shared use in the mining sector. Those works, along with other mining-related publications and mining concessions available online, ground the analytical framework of this paper, provide insight on the economic drivers of the mining sector, and detail how legal provisions – including laws, regulations, and contractual terms – can forefront shared use.

This paper is part …


Helping New Jersey State Agencies And Departments Align Their Actions With Ghg Reduction Mandates And Environmental Justice Principles, Jennifer Danis, Zoe Makoul 2022 Columbia Law School, Sabin Center for Climate Change Law

Helping New Jersey State Agencies And Departments Align Their Actions With Ghg Reduction Mandates And Environmental Justice Principles, Jennifer Danis, Zoe Makoul

Sabin Center for Climate Change Law

This white paper analyzes New Jersey’s implementation gap in both the climate and justice space. Its findings are potentially applicable to the many other states who have set climate and justice goals, without robustly embedding them into their existing legal and administrative landscapes. New Jersey already has GHG reduction targets, a plan, and mapped pathways. While more aggressive tactics and targets may be required to meet evolving scientific knowledge, and cost-effective technology and markets will evolve over time, New Jersey’s climate-alignment tools and pathways are clear. The EMP, the 2020 GWRA 80x50 Report, and EO-274, among other strong state initiatives, …


Law School News: Fateful Decisions Led To The War In Ukraine 04-25-2022, Gregory W. Bowman 2022 Roger Williams University School of Law

Law School News: Fateful Decisions Led To The War In Ukraine 04-25-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adkins, Jack Beasley, Rebekah Bratcher, Justin Cias, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde 2022 Texas A&M University School of Law

Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adkins, Jack Beasley, Rebekah Bratcher, Justin Cias, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde

EENRS Program Reports & Publications

This report is the second volume in a continuing project designed to explore and articulate the groundwater laws and regulations of all fifty U.S. states. This particular report presents surveys for sixteen states throughout the country. The first volume featured thirteen state surveys and can be found at: http://www.law.tamu.edu/usgroundwaterlaws.

The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and …


Making Net Zero Matter, Albert C. Lin 2022 University of California, Davis, School of Law

Making Net Zero Matter, Albert C. Lin

Washington and Lee Law Review

In recent months, dozens of countries and thousands of businesses have pledged to achieve net zero greenhouse gas emissions. However, net zero often means different things to different entities, and it is often uncertain how net zero pledges—which set targets years or decades from the present—will be met. This Article considers the motivations behind net zero pledges, highlights the underappreciated role of carbon removal in net zero efforts, and identifies mechanisms for encouraging the accomplishment of net zero goals. Two key strategies are essential to making net zero targets matter. First, society should develop and implement accountability and enforcement mechanisms …


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