Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations,
2016
University of Cincinnati College of Law
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford Mank
Faculty Articles and Other Publications
An important unresolved question is whether non-state plaintiffs have standing under Article III of the U.S. Constitution to sue in federal courts in climate change cases. In Massachusetts v. EPA, the Supreme Court held a state government could sue the U.S. government to address climate change issues, and suggested, but did not decide, that private litigants might have lesser rights than states. In Washington Environmental Council v. Bellon, the Ninth Circuit held that private groups did not have standing to challenge Washington State’s failure to regulate greenhouse gas (GHG) emissions from five oil refineries, and implied that private plaintiffs may …
Front Matter,
2016
University of Colorado Law School
Front Matter, Colorado Natural Resources, Energy & Environmental Law Review
Colorado Environmental Law Journal
No abstract provided.
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces),
2016
University of Denver
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Sturm College of Law: Faculty Scholarship
The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long …
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map,
2016
University of Denver
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, K. K. Duvivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, Amelia Schlusser
Sturm College of Law: Faculty Scholarship
This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; …
Factors And Frackers: A Look Into The Scientific Methods Used By The Epa To Study And Assess Air Pollution From The Shale Oil And Gas Industry, And Some Proposed Solutions,
2016
Duquesne University
Factors And Frackers: A Look Into The Scientific Methods Used By The Epa To Study And Assess Air Pollution From The Shale Oil And Gas Industry, And Some Proposed Solutions, Elisabeth Rather Healey
Duquesne Law Review
No abstract provided.
Editor In Chief,
2016
UC Law SF
Traditions That Appertain: Clarifying The Differences Between Appurtenant And T & C Water Rights In Hawai’I,
2016
UC Law SF
Traditions That Appertain: Clarifying The Differences Between Appurtenant And T & C Water Rights In Hawai’I, Nathan Morales
UC Law Environmental Journal
No abstract provided.
Haleakala Crater, Maui, Hawaii,
2016
UC Law SF
Haleakala Crater, Maui, Hawaii, Jonathan Sha
UC Law Environmental Journal
No abstract provided.
Securing California’S Solar Future: Strategies To Mitigate The Effects Of The U.S.-Chinese Solar Trade Dispute On California’S New Renewable Energy Goals, Kevin Armonio
UC Law Environmental Journal
No abstract provided.
City Park, Porland, Oregon,
2016
UC Law SF
City Park, Porland, Oregon, Julianne Austria
UC Law Environmental Journal
No abstract provided.
Beach,
2016
UC Law SF
California’S Groundwater Crisis: A Case For The Regulation Of Groundwater Substitution Transfers,
2016
UC Law SF
California’S Groundwater Crisis: A Case For The Regulation Of Groundwater Substitution Transfers, Chelsea Scharf
UC Law Environmental Journal
No abstract provided.
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?,
2016
Harvard Law School (Student)
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg
Buffalo Environmental Law Journal
No abstract provided.
La Jolla, California,
2016
UC Law SF
Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment,
2016
Osgoode Hall Law School of York University
Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Alastair Neil Craik
Osgoode Legal Studies Research Paper Series
As the duty to consult Aboriginal peoples becomes operationalized within the frameworks of government decision-making, the agencies responsible for these decisions are increasingly turning to environmental assessment (EA) processes as one of the principal vehicles for carrying out those consultations. This article explores the practical and theoretical dimensions of using EA processes to implement the duties to consult and accommodate. The relationship between EA and the duty to consult has arisen in a number of cases and a clear picture is emerging of the steps that agencies conducting EAs must carry out in order to discharge their constitutional obligations to …
Achieving Very High Pv Penetration,
2016
University at Albany, State University of New York
Achieving Very High Pv Penetration, Richard Perez, Karl R. Rábago, Mike Trahan, Lyle Rawlings, Ben Norris, Tom Hoff, Morgan Putnam, Marc Perez
Environmental Law Program Publications @ Haub Law
This article argues that optimally deployed intermittency solutions could affordably transform solar power generation into the firm power delivery system modern economies require, thereby enabling very high solar penetration and the displacement conventional power generation. The optimal deployment of these high‐penetration enabling solutions imply the existence of a healthy power grid, and therefore imply a central role for utilities and grid operators. This article also argues that a value‐based electricity compensation mechanism, recognizing the multifaceted, penetration‐dependent value and cost of solar energy, and capable of shaping consumption patterns to optimally match resource and demand, would be an effective vehicle to …
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence,
2016
Peter A. Allard School of Law, University of British Columbia
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey Assistant Professor
Osgoode Legal Studies Research Paper Series
This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems,
2016
Vanderbilt University Law School
On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford
Vanderbilt Journal of Entertainment & Technology Law
Although cyberspace and the atmosphere are distinct arenas, they share similar problems of overuse, difficulties of enforcement, and challenges of collective inaction and free riders. With weather patterns changing, global sea levels rising, and temperatures set to exceed 1.5 degrees Celsius by 2100, climate change is a problem that affects the entire world. Yet its benefits are dispersed, and its harms are often concentrated. Similarly, much of the cost of cyber attacks is focused in a few nations even as others are becoming havens for cybercriminals. Yet it is also true that actions taken by a multiplicity of actors on …
Intellectual Property And Related Rights In Climate Data,
2016
American University Washington College of Law
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Contributions to Books
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016),
2016
UIC School of Law
At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton
UIC Law Review
No abstract provided.
