Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?,
2018
Texas A&M University School of Law
Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann
Faculty Scholarship
Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …
Environmental Law,
2018
Mercer University School of Law
Environmental Law, Travis M. Trimble
Mercer Law Review
In 2017, district courts decided several issues that the United States Court of Appeals for the Eleventh Circuit had never addressed. The United States District Court for the Middle District of Georgia concluded that the Clean Water Act's (CWA) prohibition on the discharge of pollutants into waters of the United States without a permit extended to discharges into groundwater with a "direct hydrological connection" to surface waters within the Act's scope. The court also concluded that a state-permitted land application system, whereby wastewater is sprayed onto fields as means of treatment and disposal, constituted a "point source" within the meaning …
Supreme Court Shifts Supremacy Doctrine—Preempting State Sustainability?,
2018
Suffolk University Law School
Supreme Court Shifts Supremacy Doctrine—Preempting State Sustainability?, Steven Ferrey
Suffolk University Law School Faculty Works
The Supreme Court recently applied the Supremacy Clause of the Constitution to sustainable energy technology. Three recent decisions of the Supreme Court, as well as subsequent decisions of the federal circuit courts and a federal adjudicatory commission, reconfigured the constitutional doctrine preempting state regulation of sustainable power. Through these three decisions, the Court reduced Chevron deference afforded to regulatory agencies, a venerated legal doctrine.
Pengelolaan Lingkungan Melalui Izin Terintegrasi Dan Berantai: Sebuah Perbandingan Atas Perizinan Lingkungan Di Berbagai Negara,
2018
Faculty of Law Universitas Indonesia
Pengelolaan Lingkungan Melalui Izin Terintegrasi Dan Berantai: Sebuah Perbandingan Atas Perizinan Lingkungan Di Berbagai Negara, Muhammad Andri Gunawan Wibisana
Jurnal Hukum & Pembangunan
Environmental permit is considered to play a central role in environmental management. There has been a growing intention in Indonesia for an integrated permit system, either in terms of internal integration, in which all environmental permits are integrated into a single permit, or external integration, in which environmental permits are integrated with business/activity license. This paper attemps to answer the questions of whether both ways of integrating environmental permits have been implemented in Indonesia. The paper also observes that although some contries have integrated various permits into a single environmental permit, the link between environmental permit and business/activity license remains …
Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida,
2018
University of South Florida
Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor
USF Tampa Graduate Theses and Dissertations
This research used Geographical Information System (GIS) data to estimate the acreage of wetland loss due to small-scale activities (taking into account exempt, permitted, and unauthorized activities) in the Southwest District of the Department of Environmental Protection (DEP) between 2006 and 2011 and compared that net loss with the unmitigated wetland net loss that DEP documented during that time for authorized activities and violations that were discovered. The comparison allowed an estimation of the extent of undocumented small-scale unmitigated wetland loss that occurred during those six years. DEP records show that 88% of non-compliance cases remain unresolved, and the net …
A View From American Courts: The Year In Indian Law 2017,
2018
Seattle University School of Law
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …
Historic Preservation And Progress In Atlanta: Opportunity Knocks,
2018
Georgia State University
Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers
Journal of Comparative Urban Law and Policy
This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues.,
2018
University of Warsaw
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska
Journal of Comparative Urban Law and Policy
No abstract provided.
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates,
2018
Georgia State University College of Law
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Journal of Comparative Urban Law and Policy
Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this …
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami,
2018
Georgia State University
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor
Journal of Comparative Urban Law and Policy
Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes …
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing,
2018
Sciences Po Paris Law School
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Journal of Comparative Urban Law and Policy
The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems,
2018
University of Barcelona
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari
Journal of Comparative Urban Law and Policy
This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …
Regional Public/Private Partnerships As Entrepreneurial Bricolage,
2018
Salem State University
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Journal of Comparative Urban Law and Policy
Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro,
2018
Universidade Do Estado Do Rio De Janeiro
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio
Journal of Comparative Urban Law and Policy
The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil. …
The French Metropole: How It Gained Legal Status As A Metropolis,
2018
Suffolk University Law School
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
Journal of Comparative Urban Law and Policy
France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public functions in large …
The Future Of French Metropolis,
2018
Georgia State University College of Law
The Future Of French Metropolis, Anne-Claire Mialot
Journal of Comparative Urban Law and Policy
No abstract provided.
Introduction,
2018
Georgia State University College of Law
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Journal of Comparative Urban Law and Policy
No abstract provided.
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan,
2018
Brooklyn Law School
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter
Brooklyn Law Review
During the year following the EPA’s proposed Clean Power Plan to regulate CO2 emissions in the power sector, the largest investor-owned electric utilities engaged in a curious triplespeak. Employing the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and potentially “degrading” orderly power supplies. In disclosure filings with the Securities and Exchange Commission, the utilities used the moral language of political libertarians, focusing on the “financial risks” that federal government “intervention” poses to efficient power “markets” and to the “freedom” of …
The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China,
2018
Centre for International Sustainable Development Law
The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China, Justin Fisch
University of Michigan Journal of Law Reform
Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope—they transcend borders, governments, jurisdictions, and authorities. For this reason, one might assume that a unitary state would be better positioned to tackle them. Is this justified? This Article examines the Chinese unitary state, in comparison to the federalist systems in Canada and the United States of America, to discern whether a unitary government can better manage issues plaguing the environment.
V.2 No.5,
2018
Maurer School of Law: Indiana University
