Environmental Law Commons^™

A Battle Between Farmers And Environmentalists: Exploring The Implications Of The Westlands Water District Drainage Settlement, Morgan B. Mcgill

UC Law Environmental Journal

No abstract provided.

Managing California’S Water: A Look At The Sustainable Groundwater Management Act Of 2014, Matthew J. Brown

UC Law Environmental Journal

No abstract provided.

It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig

Utah Law Faculty Scholarship

Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.

In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …

A Comparative Study Of U.S. And Chinese Environmental Law With A Focus On The Real Estate Industry, Jihong Wang, Paul Kossof

The International Lawyer

No abstract provided.

Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes

Utah Law Faculty Scholarship

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …

The Use And Preservation Of Grasslands: The Logic Of Hard Lessons, Irma S. Russell

Faculty Works

Planning for preservation of grasslands and all environmental resources is essential for the long-term well-being of the environment and humans. The interrelated nature of all resources of the physical world requires sustainable practices to maintain productivity and life. Recognition that the often-overlooked resource of grasslands is foundational to economic, environmental, and political stability of the region leads to the conclusion that planning for the long-range health of grasslands is essential to the economy as well as to the environment. Part II of this article explores the history of grasslands of the Midwest. It identifies the historical mismanagement of grasslands and …

Introduction: The Post-Carbon World: Advances In Legal And Social Theory, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Silver Lake, Matthew J. Brown

UC Law Environmental Journal

No abstract provided.

Act Locally, Reflect Globally: A Checklist Of Options For U.S. Cities And States To Engage Internationally In Climate Action, Susan Biniaz

Sabin Center for Climate Change Law

U.S. cities and states are increasingly asking how they can play a more visible and active role in international climate change efforts.

Cities and states have obvious incentives to take action to mitigate and adapt to climate change. But why engage internationally? They may seek to demonstrate leadership or gain appropriate recognition for “doing their part.” They may want to inspire others to follow suit or support them in doing so, such as through exchanging best practices. They may seek to join the global march toward low-emission and resilient societies. Or they may want to show the world that U.S. …

Planning For The Effects Of Climate Change On Natural Resources, Jessica A. Wentz

Sabin Center for Climate Change Law

Climate change has important implications for the management and conservation of natural resources and public lands. The federal agencies responsible for managing these resources have generally recognized that considerations pertaining to climate change adaptation should be incorporated into existing planning processes, yet this topic is still treated as an afterthought in many planning documents. Only a few federal agencies have published guidance on how managers should consider climate change impacts and their management implications. This Article explains why these agencies are legally required to consider climate- related risks in planning processes, and presents recommendations and a model protocol for conducting …

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany M. Webb

Sabin Center for Climate Change Law

Does the law permit the New York Independent Service Operator (NYISO) to incorporate, directly or indirectly, a carbon price into New York State’s wholesale electricity market? And, if so, what is the appropriate design of a carbon pricing scheme for the NYISO market? For example, at what level should a carbon price be set and when/how should it be adjusted? How should the revenues generated by such a price be used? What impact (if any) will it have on the Regional Greenhouse Gas Initiative (RGGI) and New York’s Clean Energy Standard? This working paper explores answers to those questions with …

The Application Of Open Records Laws To Publicly Funded Science, Lauren Kurtz

Sabin Center for Climate Change Law

The federal Freedom of Information Act (FOIA) and the state law equivalents promote government transparency by allowing citizens to request copies of administrative records. Any citizen can file a request with a government entity for copies of government documents, and the government must either produce the information or explain why it is exempt from production (for example, for national security purposes).

While these laws were originally written with an eye toward policy makers and bureaucrats, in recent years, these open records laws have been used increasingly to request information from publicly funded scientists. Scientists employed by federal agencies, state agencies, …

Appliance And Equipment Efficiency Standards: A Roadmap For State And Local Action, Peter Ross

Sabin Center for Climate Change Law

For decades, federal energy and water efficiency standards have demonstrably saved consumers money, reduced pollution, and increased grid reliability. The U.S. Department of Energy (“DOE”) periodically reviews standards and test procedures for more than 60 products, representing about 90% of home energy use, 60% of commercial building energy use, and 30% of industrial energy use. Due in part to their incremental nature and proven track record of success, these standards have been relatively uncontroversial, and often have been reached via consensus between manufacturers seeking regulatory certainty and environmental advocates seeking greater efficiency.

Recently, however, the political winds have shifted. Immediately …

Transparency And Icao's Aviation Offsetting Scheme: Two Separate Concepts?, Aoife O'Leary

Sabin Center for Climate Change Law

The International Civil Aviation Organisation (ICAO), the UN specialised body for aviation, is developing a scheme to reduce the climate impact of aviation emissions, the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). From 2021, participating countries will (voluntarily at first) offset any growth in CO2 aviation emissions above the level those emissions have reached in 2020. This paper does not consider the climate implications of the scheme but rather focuses on whether the governance structure under which the scheme is being developed – especially its transparency and opportunities for public participation – meets an appropriate standard, given the …

10 Questions To Ask About The Proposed “Global Pact For The Environment”, Susan Biniaz

Sabin Center for Climate Change Law

There is no doubt that more needs to be done, both nationally and internationally, to protect the environment. It is tempting, particularly during the Trump era, to welcome any concerted effort to do so. The issue is whether the proposed “Global Pact” is the right vehicle for enhancing environmental protection.

The Global Pact was launched this past June in Paris, with support from, among others, President Macron of France and former California Governor Arnold Schwarzenegger. At least in its preliminary state, the Pact reflects broad, cross-cutting principles in legally binding form. France intends to seek support at the upcoming UN …

The Price Of Climate Deregulation: Adding Up The Costs And Benefits Of Federal Greenhouse Gas Emission Standards, Nadra Rahman, Jessica A. Wentz

Sabin Center for Climate Change Law

Federal climate regulations are currently under attack, in part due to the perception that these regulations will impose excessive costs on regulated industries and society as a whole. But according to federal projections, the benefits of these regulations would significantly outweigh the costs. We added up the projected economic impacts of major federal rules aimed at reducing greenhouse gas emissions and found that the net benefits could reach nearly $300 billion per year by 2030. The rules will also generate a variety of non-monetized benefits, such as improved public health outcomes and the creation of jobs, as well as climate …

The Energy Improvement Of The Urban Existing Building Stock: A Proposal For Action Arising From Best Practice Examples, Teresa Parejo-Navajas

Sabin Center for Climate Change Law

Improving energy efficiency in existing buildings presents an opportunity for reducing greenhouse gas emissions. Numerous measures meant to increase efficiency and decrease emissions have been implemented in cities across Europe and the United States. Standing out from the rest is New York City, a remarkable example of commitment to the fight against climate change. The city has urged its authorities to take important measures in order to eliminate (or at least diminish) the adverse effects resulting from its special characteristics, great urban density, and large percentage of greenhouse gas emissions coming from an aged building stock. Yet there is always …

How Did Federal Environmental Impact Statements Address Climate Change In 2016?, Saloni Jain, Omri Klagsbald, Giovanna Leigh Crozier-Fitzgerald, Taylor Quinn, Elana Sulakshana

Sabin Center for Climate Change Law

In partnership with the Sabin Center for Climate Change Law, this project surveyed 31 federal environmental impact statements (EISs) published from September through November 2016. The objective was to evaluate how federal agencies were implementing the guidance released in August 2016 by the Council on Environmental Quality (CEQ) on how to account for climate change and greenhouse gas (GHG) emissions in the environmental review process.

Combating Climate Change In The Indus River Basin, Waseem Ahmad Qureshi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Act 13 And The Environmental Rights Amendment, Lucas Liben, Marla D. Tortorice

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.