Environmental Law Commons^™

Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber

Michigan Journal of Environmental & Administrative Law

Interstate air pollution can prevent even the most diligent downwind state from attaining the air quality levels required by federal law. Allocating responsibility for emissions cuts when multiple upwind states contribute to downwind air quality violations presents a particularly difficult problem. Justice Ginsburg’s opinion for the Court in EPA v. EME Homer City Generator, L.P., gives EPA broad discretion to craft regulatory solutions for this problem. Although the specific statutory provision at issue was deceptively simple, the underlying problem was especially complex because of the large number of states involved. Indeed, neither the majority opinion nor the dissent seems to …

Ecodistricts In San Francisco: The Implementation Of Neighborhood Regional Planning And Its Potential Effects On Environmental Resilience, Elizabeth M. Juvera

Master's Projects and Capstones

Ecodistricts, or neighborhood-scale, community-driven areas of sustainable development, have emerged internationally and within the U.S. to create models of adaptive environmental design and advanced urban infrastructure. Central SoMa is the first ecodistrict to be planned and implemented in San Francisco, with the intention of revitalizing and greening this urbanized region of the city. At this time, the Central SoMa area has very low biodiversity levels, inefficient infrastructure, and poor water management capabilities. Through the implementation of ecodistricts in San Francisco, the city can integrate physical and behavioral sustainability measures from existing ecodistricts such as permeable surfaces, green roofs, stormwater management, …

Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein

Georgia Journal of International & Comparative Law

No abstract provided.

Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long

Articles

No abstract provided.

Front Matter

Michigan Journal of Environmental & Administrative Law

No abstract provided.

Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi

William & Mary Environmental Law and Policy Review

No abstract provided.

Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke

William & Mary Environmental Law and Policy Review

This Article presents a comparative institutional analysis of an increasingly important type of environmental conflict—the agricultural-waste-discharge and water-land-nexus conflict—using the recent citizen suit Waterkeeper v. Hudson as a case study. The objective is to assess the resource allocation efficiency and procedural fairness of the dispute processing in Hudson. The Hudson setting involves substantial scientific complexity, including ecological interdependencies, unobservable and observable land management decisions, pollutant transport, in-stream removal, and the problem of multiple and diverse sources of water quality pollution. Although the Hudson farm does fall under a regulated point source category in a state legislative definition, not all agricultural …

From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll

William & Mary Environmental Law and Policy Review

No abstract provided.

Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss

William & Mary Environmental Law and Policy Review

No abstract provided.

What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan

University of Richmond Law Review

No abstract provided.

Va Coastlines (End Of 2014-2015 Term), Virginia Coastal Policy Center

Virginia Coastal Policy Center

No abstract provided.

Yes To Infill, No To Nuisance, Michael Lewyn

Scholarly Works

This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.

The Superagency Solution, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In many parts of the country, hydraulic fracturing has brought energy development onto people’s doorsteps. Efforts by local governments to employ traditional land use mechanisms to study and mitigate some of the impacts of these latest intrusions have erupted into battles over the scope of statewide agencies’ control. Forgotten in this fray are many renewable energy resources. As a general rule, they are not subject to statewide oversight, and consequently renewable energy providers must navigate the myriad of siting and permitting requirements of local jurisdictions. For several years, scholars have urged more statewide renewable energy siting procedures to level the …

Litigating Cross-Border Environmental Dispute In Indonesian Civil Court: The Montara Case, Iman Prihandono, Esty Hayu Dewanty R. K.

Indonesia Law Review

In August 2009, a wellhead blowout of took place at an offshore drilling facility named the Montara platform, on the north coast of Australia. This incident released crude oil into the sea and continued until November 2009. The Montara platform is owned by PTTEP Australasia Pty. Ltd., a company incorporated under the law of Australia, and a subsidiary of PTT Exploration and Production Public Company Limited, a Thailand based, state-owned oil company. Based on samples taken by the East Nusa Tenggara Municipality in the waters along the coast of Kolbano, it was found that the sea water has been polluted …

Organization For Economic Co-Operation And Development - Regulation Of Chemicals - In A Council Decision, The Oecd Has Adopted Provisions Designed To Protect Human Health And The Environment Without Creating Barriers To International Chemicals Trade, Walter Ballew Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos

Public Land & Resources Law Review

In an attempt to stave off what it saw as impending litigation, Shell Gulf of Mexico, Inc. filed suit under the Declaratory Judgment Act against a range of environmental groups opposed to Shell’s oil exploration in the Beaufort and Chukchi seas of Alaska’s Arctic Coast. Shell requested a declaratory judgment that its oil spill response plans, as approved by the Bureau of Safety and Environmental Enforcement, did not violate the Administrative Procedures Act. Although noting the novelty of Shell’s argument, the United States Court of Appeals for the Ninth Circuit concluded the district court had erred in determining a justiciable …

Is The Puerto Rican Parrot Worth Saving? The Biopolitics Of Endangerment And Grievability, Irus Braverman

Contributions to Books

Published as Chapter 5 in Economies of Death: Economic Logics of Killable Life and Grievable Death, Patricia J. Lopez & Kathryn A. Gillespie, eds.

“Is the Puerto Rican Worth Saving? The Biopolitics of Endangerment and Grievability” describes how threatened species lists elevate listed nonhuman species from the realm of biological life into that of a political life that is both worth saving and worth grieving. The chapter provides a novel perspective on the biopolitics of lists that highlights both their affirmative properties and their acute relevance for understanding the governance of entire nonhuman species.

Maine Distributed Solar Valuation Study, Benjamin L. Norris, Philip M. Gruenhagen, Robert C. Grace, Po-Yu Yuen, Richard Perez, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

During its 2014 session, the Maine Legislature enacted an Act to Support Solar Energy Development in Maine. P.L Chapter 562 (April 24, 2014) (codified at 35‐A M.R.S. §§ 3471‐3473) (“Act”). Section 1 of the Act contains the Legislative finding that it is in the public interest is to develop renewable energy resources, including solar energy, in a manner that protects and improves the health and well‐being of the citizens and natural environment of the State while also providing economic benefits to communities, ratepayers and the overall economy of the State.

Section 2 of the Act requires the Public Utilities Commission …

Trending @ Rwu Law: Dennis Esposito's Post: Marine Affairs: Esposito Takes The Helm, Dennis Esposito

Law School Blogs

No abstract provided.

Adaptive Law In The Anthropocene, Shalanda H. Baker

Chicago-Kent Law Review

The sky has fallen. We are now firmly rooted in a new epoch scientists have named the Anthropocene, where the activities of humans will most certainly negatively impact the trajectory of Earth and its inhabitants. What the Anthropocene fully holds is uncertain, but there are a few clues. The global ecology is shifting. The oceans are dying. The planet is getting hotter and drier, and its storms increasingly volatile.

Amidst this changing climate is evidence of a failed approach to economic development in the Global South. Globally, the poor are becoming poorer. Inequality reigns as the global economy shrinks. This …