Environmental Law Commons^™

A Fishery, A Sanctuary, A Sink, And A Disaster: The Often-Hapless Management Of California’S Salton Sea, William M. Mclaren

UC Law Environmental Journal

No abstract provided.

Misconstruing Size Of Economic Impacts As The Determinant Of Penn Central Test Does Not Invoke Average Reciprocity Of Advantage, William W. Wade

UC Law Environmental Journal

No abstract provided.

Climate Change Law In California And Massachusetts: Lessons For State Policy Makers, Riti Chandiok

UC Law Environmental Journal

No abstract provided.

Environmental Concerns In India: Problems And Solutions, Mahesh Chandra

Journal of International Business and Law

No abstract provided.

Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Time For A Restatement, Tracy Hester, Robert Percival, Irma S. Russell, Victor Flatt, Joel A. Mintz

Faculty Works

No abstract provided.

Fracking Fad: The Morally Ambiguous Method Of Extraction And The Trade Secret Protections Of Its Chemical Formulas, Vince Villio

Journal of Law, Technology, & the Internet

"Hydraulic fracturing (“fracking”) has taken the nation’s political soapbox by storm in the last decade, despite being in practice since the mid-20th century. The recent surge of debate comes from an increasing amount of states passing regulatory schemes for when fracking is used in the extraction of natural gas and other energy producing materials. The regulation of energy extraction has been and continues to be a state issue rather than federal. One of the major concerns of the energy industry with new regulation is the increasing demand for disclosure of the chemicals and processes used in fracking, something the industry …

Helping Haiti: Incorporating Ngo Technology Transfer Into The Trips Agreement Framework To Aid Least Developed Countries In The Adoption Of Clean Technologies, Michelle Balaklaw

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Fighting Fire With Fire: How Developing Geothermal Energy Plants On U.S. Protected Land Will Minimize The Effects Of Global Warning, Joseph B. Rinaldi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Can Conservation Easements Preserve Agriculture In Kentucky Without Expressly Protecting Water Rights?, Rebecca Price

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki

University of Michigan Journal of Law Reform Caveat

The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …

Electricity Sector Adaptation To Heat Waves, Sofia Aivalioti

Sabin Center for Climate Change Law

Electricity is very important for human settlements and a key accelerator for development and prosperity. As heat waves become more frequent and intense the reliability and efficiency of the electricity systems is threatened. Increased temperatures have adverse effects on electricity generation, transmission, distribution and demand. The high temperatures cause intentional or unintentional brownouts and blackouts, which come at high costs for people and economies. The case studies in this analysis highlight the importance of heat wave impacts to the electricity sector and the need for adaptation. The electricity sector requires a holistic approach for adaptation that comprises technological, behavioral and …

Climate Change And Human Rights, Michael Burger, Jessica A. Wentz

Sabin Center for Climate Change Law

This report, commissioned by the United Nations Environment Programme (UNEP), describes the nexus between climate change, environmental degradation, and the impairment of fundamental human rights, such as the rights to food, water, housing, and life. It explains how governments and other actors can address climate change in a manner consistent with their obligations to respect, protect, promote and fulfill human rights. The report was released during COP21 to help inform the development of the Paris Agreement.

Assessing The Impacts Of Climate Change On The Built Environment Under Nepa And State Eia Laws: A Survey Of Current Practices And Recommendations For Model Protocols, Jessica A. Wentz

Sabin Center for Climate Change Law

Federal agencies are beginning to incorporate descriptions of climate change impacts into environmental reviews for buildings and infrastructure, but there is no consistent methodology for evaluating these impacts and mitigating any foreseeable risks to the project or affected environment. This Article asserts that an assessment of climate-related risks and adaptation options falls within the scope of considerations that should be addressed under the National Environmental Policy Act and similar laws. It concludes with a set of recommended protocols for identifying the impacts of climate change on projects and their affected environment, evaluating physical and environmental risks, and selecting appropriate mitigation …

Designing A Climate Change Displacement Coordination Facility: Key Issues For Cop 21, Jessica A. Wentz, Michael Burger

Sabin Center for Climate Change Law

There have been several proposals to include a “climate change displacement coordination facility” in the upcoming UNFCCC agreement, but there has been very little public discussion about what this facility would entail and how it would operate. This briefing note highlights some of the functions that the displacement coordination facility could fulfill, as well as some key questions for negotiators in the lead-up to COP 21 and subsequent talks. The note is not intended to be a proposal for how the facility should operate, nor do the functions highlighted below necessarily reflect what is politically or economically feasible. Rather, the …

Federal Implementation Plans For Controlling Carbon Emissions From Existing Power Plants: A Primer Exploring The Issues, Daniel Selmi

Sabin Center for Climate Change Law

Much has been made of late about EPA’s authority to develop federal implementation plans (FIPs) to achieve the state-based GHG emissions reduction targets the agency is preparing establish under Clean Power Plan. Led by Senator Mitch McConnell, objectors have loudly urged states not to submit plans at all. Instead, they have argued, states need not be concerned about EPA imposing FIPs on their states. In turn, EPA has announced that it will release a draft federal implementation plan this summer.

Since 1970, Section 110 the Clean Air Act has required EPA to implement a FIP if a state implementation plan …

Legal Tools For Climate Adaptation Advocacy: Securities Law, Nina Hart

Sabin Center for Climate Change Law

Corporations today face increasing risks from climate change. These risks threaten not only the operations and infrastructure of the corporations, but ultimately their long-­‐‑term financial soundness as well. For example, as has been noted with respect to the oil and gas industries, refineries often do not have high profit margins because most of the profits come from extraction. Therefore, refineries, which frequently are near the coasts and vulnerable to increasing sea levels and storms surges, could suffer material financial losses if their operations were disrupted.1 To prevent this physical infrastructure or operational damage, as well as the attendant financial losses, …

Draft Nepa Guidance Requires Agencies To Consider Both Ghg Emissions And The Impacts Of Climate Change On Proposed Actions, Jessica A. Wentz

Sabin Center for Climate Change Law

On December 24, 2014, the Council on Environmental Quality (CEQ) released revised draft guidance on how federal agencies should evaluate greenhouse gas (GHG) emissions and the impacts of climate change when conducting reviews under the National Environmental Policy Act (NEPA). The CEQ’s new guidance does not impose any new legal requirements on federal decision-makers, but it does clarify how federal agencies should consider the effects of GHG emissions and climate change in a manner consistent with their preexisting obligations under NEPA. It is significantly more detailed than the draft guidance released by CEQ in February 2010, and unlike its predecessor, …

Legal Tools For Climate Adaptation Advocacy: Clean Water Act Permitting And Funding Programs, Channing R. Jones

Sabin Center for Climate Change Law

Climate change imperils the quality of water resources and aquatic ecosystems by introducing or exacerbating supply challenges and pollution threats. Existing legal frameworks, including permitting and grant programs, can incorporate climate change adaptation into the way we protect water. In particular, the Clean Water Act – the primary tool used nationwide to protect surface waters from pollutant discharges and fill activity – can be used to promote climate change adaptation in a number of ways.

The Clean Water Act was enacted in 1972 and amended in 1977 and 1987. The statute is principally administered by the U.S. Environmental Protection Agency, …

A Legal Approach To The Improvement Of Energy Efficiency Measures For The Existing Building Stock In The United States Based On European Experience, Teresa Parejo-Navajas

Sabin Center for Climate Change Law

Energy consumption in buildings is on the rise and represents almost half of the total greenhouse gas emissions in cities, which are the main cause of global warming on the planet. There is a great scientific consensus that improving energy efficiency of building systems and operations is a very effective way to tackle this important problem. However, despite the fact that the existing building stock has the greatest potential for greenhouse gas emission reduction, most laws and regulations have focused primarily on new buildings. Hence, improving energy efficiency in existing buildings represents a great opportunity for reducing greenhouse gas emissions …