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
Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation,
2018
City University of New York School of Public Health
Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation, Elizabeth Ann Glass Geltman
University of Michigan Journal of Law Reform
This Article explores the Trump regulatory reform agenda and its potential impact on environmental determinants of health. The Article begins with a discussion of the Department of Commerce’s (DOC or Commerce) initial fact-finding investigation to evaluate the impact of federal regulations on domestic manufacturing. The Article next presents an overview of the Trump administration’s regulatory reform formula as announced in E.O. 13771 and the interim guidance explaining E.O. 13771 and E.O. 13777 (the executive order announcing the Trump administration’s plans to enforce the regulatory reform plan announced in E.O. 13771). The Article then examines the federal agency initiatives undertaken in …
Financing Green: Reforming Green Bond Regulation In The United States,
2018
Brooklyn Law School
Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, green bonds have emerged as a way for the financial industry to contribute to environmentally friendly projects, combat climate change, and provide funds for green infrastructures across the world. While the green bond market has expanded drastically across large nations in Europe and Asia, market growth has stalled in the United States, in part due to a lack of promising regulations in the United States. Existing regulations on green bond issuance in the United States only exists in the form of non-binding international guidelines. This Note reviews the benefits and potentials of green bonds both as an …
Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act,
2018
Rhode Island Sea Grant Law Fellow
Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann
Sea Grant Law Fellow Publications
No abstract provided.
Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation,
2018
Brooklyn Law School
Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo
Brooklyn Journal of International Law
In the face of environmental turmoil; countries across the world are implementing measures to mitigate the deteriorating effects that common day practices have on the ecosystem. The European Union has implemented directives to govern plastic use on a continental scale. On the other hand; the African Union (AU) has been silent on plastic use; despite a string of African countries implementing stringent plastic reform legislation. This Note will examine the European Union and AU’s international frameworks and powers; while also detailing currently enacted EU directives and African state-level regulations. It will then conduct a comparative analysis of the AU and …
Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec,
2018
University of Washington School of Law
Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock
Washington International Law Journal
This article argues that carbon-related border tax adjustments (“CRBTAs”) can be used effectively to complement the compliance mechanisms of the Paris Agreement against a truly recalcitrant party. The soft enforcement mechanisms envisioned by the Paris Agreement—facilitative assistance and political or moral suasion—are unlikely to provide a sufficient response to a party that becomes truly recalcitrant. CRBTAs provide parties to the Paris Agreement with a hard-edged economic tool able to respond to a party that disavows the Paris regime. This article outlines the features of a CRBTA regime that would be lawful under the General Agreement on Tariffs and Trade and …
How Might The European Union Engage Constructively With China In The South China Sea?,
2018
Singapore Management University
How Might The European Union Engage Constructively With China In The South China Sea?, Nengye Liu, Qi Xu
Research Collection Yong Pung How School Of Law
This article addresses the following questions: How does the South China Sea matter to the European Union? What roles could the EU play in the governance of the South China Sea? In particular, how could the EU effectively engage with China in the South China Sea? The article provides an analysis of the legal basis and policy background for the EU's involvement in the South China Sea governance and explores the EU's interests in the South China Sea.
There Has Never Been A 'Timber War',
2018
Siskiyou Land Conservancy
There Has Never Been A 'Timber War', Greg King
Humboldt Journal of Social Relations
There has never been a 'timber war' in northwestern California, but rather premeditated and ongoing attacks against the forests, and against the people who would protect them. This paper provides a historic examination of redwood logging and protection efforts since 1850.
Illness, Injury And Medical Deportations At The Frontier: The Canadian Legal Regime For Health Care Protections For Agricultural Migrant Workers,
2018
Schulich School of Law, Dalhousie University
Illness, Injury And Medical Deportations At The Frontier: The Canadian Legal Regime For Health Care Protections For Agricultural Migrant Workers, Constance Macintosh
Articles, Book Chapters, & Popular Press
This paper explores how health interests and rights play out in the temporary agricultural worker regime. In particular, it illustrates how a system that–as discussed below–is formally positioned as granting such workers the same rights as nationals, may not in practice provide equivalent or meaningful protections. The assessment is not just about the social exclusion challenges that often undermine the ability or possibility of migrant workers to activate their legal rights (which is the usual critique of why post-national citizenship writing is overly optimistic), but about how the legal and regulatory system itself misses the mark.
There's Something In The Water: How Apathetic State Officials Let The People Of Flint, Michigan Down,
2018
Villanova University Charles Widger School of Law
There's Something In The Water: How Apathetic State Officials Let The People Of Flint, Michigan Down, Kyle J. Conway
Villanova Environmental Law Journal (1991 - )
No abstract provided.
What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List,
2018
Villanova University Charles Widger School of Law
What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List, Christopher M. Lambe
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Move Over Diamonds -- Plastics Are Forever: How The Rise Of Plastic Pollution In Water Can Be Regulated,
2018
Villanova University Charles Widger School of Law
Move Over Diamonds -- Plastics Are Forever: How The Rise Of Plastic Pollution In Water Can Be Regulated, Stephanie F. Wood
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Takings Clause And Integrated Sustainability Policy And Regulation: The Proportionality Of The Burdens Of Exercising Property Rights And Paying Just Compensation,
2018
Villanova University Charles Widger School of Law
Takings Clause And Integrated Sustainability Policy And Regulation: The Proportionality Of The Burdens Of Exercising Property Rights And Paying Just Compensation, James E. Holloway, D. Tevis Noelting
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Rising To The Surface: The Epa's Addition Of Subsurface Intrusion As A Component Of The Superfund Hazard Ranking System,
2018
Villanova University Charles Widger School of Law
Rising To The Surface: The Epa's Addition Of Subsurface Intrusion As A Component Of The Superfund Hazard Ranking System, Kristen M. Harvilla
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Fifteen Minutes Of Shame: Social Media And 21st Century Environmental Activism,
2018
Villanova University Charles Widger School of Law
Fifteen Minutes Of Shame: Social Media And 21st Century Environmental Activism, Chase T. Karpus
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service,
2018
Alexander Blewett III School of Law at the University of Montana
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor
Public Land & Resources Law Review
This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and the …
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species,
2018
Barry University School of Law
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Water Is Life: The Native American Tribal Role In Protecting Natural Resources,
2018
Barry University School of Law
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Environmental and Earth Law Journal (EELJ)
No abstract provided.
