Environmental Law Commons^™

Ehb Review - An Electrifying Change: The Ehb Begins Digging Away From Strict Interpretation Of The Bituminous Coal Mine Safety Act In Cumberland Coal V. Dep, Danielle Quinn

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Taking Climate Change By Storm: Theorizing Global And Local Policy-Making In Response To Extreme Weather Events, Sonia E. Rolland, Amy Pimentel, Auroop Ganguly

Buffalo Law Review

No abstract provided.

An Open Access Distribution Tariff: Removing Barriers To Innovation On The Smart Grid, Joel B. Eisen

Law Faculty Publications

This Article proposes that the Federal Energy Regulatory Commission (FERC) consider promulgating an Open Access Distribution Tariff (OADT) to open the nation's electric grid to new products and services at the consumer (distribution) level. Design of the OADT would be comparable to the Open Access Transmission Tariff that the FERC has used previously to open the nation's transmission wires. This Article argues that an OADT is necessary to create a smart electricity network that would be national, multimodal, and interactive. There is no smart electricity network at present, and there are numerous barriers to the development of open networking, such …

Alliance For Wild Rockies V. Salazar: Congress Behaving Badly, Edward A. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Monetary Exactions: Not Just Compensation? The Expansion Of Nollan And Dolan In Koontz V. St. Johns River Water Management District, Catherine Contino

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Governing A Global Commons: Sharks In The High Seas, Jared R. Wigginton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Trends In Environmental Law Scholarship 2008-2013, Michael P. Vandenbergh, Linda K. Breggin, David L. Stabb, Emma T. Doineau

Vanderbilt Law School Faculty Publications

As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles published during the previous academic year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic years 2008-2013.

Specifically, this Article reports on the number of environmental law articles published in general law reviews and environmental law journals. We find that although the total varied somewhat from year to year, more than 400 environmental law articles were published each year during the 2008-2013 period. Additionally, …

Energy And Climate Change: A Climate Prediction Market, Michael P. Vandenbergh, Kaitlin T. Raimi, Jonathan M. Gilligan

Vanderbilt Law School Faculty Publications

Much of energy policy is driven by concerns about climate change. Views about the importance of carbon emissions affect debates on topics ranging from the regulation of electricity generation and transmission to the need for incentives to develop emerging technologies. Government efforts to fund and communicate climate science have been extraordinary, but recent polling suggests that roughly half of the American population is unsure or does not believe that anthropogenic climate change is occurring. Among some populations, belief in climate change is declining even as the climate science becomes more certain. Much of the doubt occurs among individuals who support …

Court Limitations On 'Cap And Trade' Regulation: Administrative Law Decisions Applicable To The Mechanism Of The Kyoto Protocol, E.U.-Ets, And U.S. Regulation, Steven Ferrey

Suffolk University Law School Faculty Works

‘Cap-and-trade’ regulation is the regulatory 21st century tool used in environmental law and climate change regulation. It is a key mechanism employed under the U.S. Clean Air Act, integral to the Clean Development Mechanism of the Kyoto Protocol for greenhouse gas control, and the regulatory foundation of carbon control legislation in every U.S. state which regulates carbon. This modern ‘cap-and-trade’ mechanism for environmental regulation has been challenged in recent litigation in the U.S. The D.C. Circuit Court of Appeals in every one of five recent legal challenges has held EPA’s use of ‘cap-and-trade’ to be illegal. In only one case, …

Property Constructs And Nature's Challenge To Perpetuity, Jessica Owley

Contributions to Books

Published as Chapter 4 in Environmental Law and Contrasting Ideas of Nature: a Constructivist Approach, Keith H. Hirokawa, ed.

Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.

Order And Disorder In The Urban Forest: A Foucauldian-Latourian Perspective, Irus Braverman

Contributions to Books

Published as Chapter 9 in Urban Forests, Trees, and Greenspace: A Political Ecology Perspective, L. Anders Sandberg, Adrina Bardekjian & Sadia Butt, eds.

We pass by street trees everyday. Their existence as well as their particular location in the city seems obvious, innocuous, natural. But, as is the case with most taken-for-granted "things" (Brown, 2011), some excavation is bound to reveal a more complicated and even ideological story. This study focuses on such a story: the story of the clandestine governance of nature and of humans by way of nature - all through the construction and regulation of city street …

Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.

Tackling Climate Change: Don't Forget Energy Efficency, Joel B. Eisen

Law Faculty Publications

Todd S. Aagaard and Joel B. Eisen write that one option available for states under the EPA's high-profile Clean Power Plan is relying on greater efficiency in energy usage and other demand-side strategies such as "demand response," which involves programs to reduce consumption at specific times of high electricity demand. However, a federal court recently cast a cloud over demand response's future.

A Tale Of Two Cities: The Need For Greater Federal Involvement To Ensure Proper Notification, Medical Monitoring And Treatment, And Successful Relocation For Tallevast, Florida And Other Environmental Justice Communities, Sabrina R. Collins

Student Works

This article explores the environmental justice battles being waged in two Florida communities. The first is in Pensacola at the site of the infamous “Mount Dioxin” and the second is in Tallevast. The article further examines the treatment of the two communities by the local, state and federal governments. Further insight is also provided regarding the affected communities. The article offers suggestions for fair and effective treatment of environmental justice communities.

Climate Change Regulation And Prediction Markets, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Exporting Coal, Importing Pollution: Can The Consumption Of Coal Be Ignored Under Nepa And Sepa Analysis When Burned Overseas?, Ross Taylor

Washington Journal of Environmental Law & Policy

The Millennium Bulk Terminal in Longview, Washington, is one of several proposed locations along the west coast of the United States for a large export facility, which would allow large-scale exportation of domestic coal to Asia. The Millennium Bulk Terminal proposal has garnered significant opposition, yet attention is only recently turning to the specific concern over greenhouse gas emissions associated with such a project. This concern stems not just from operation of the facility or transportation to and from it but from the possibly damaging amount of emissions that would result from the coal’s ultimate consumption in Asia. Implicated by …

Climate Change: Disappearing States, Migration, And Challenges For International Law, Sumudu Atapattu

Washington Journal of Environmental Law & Policy

This Article discusses two inter-related issues: the legal implications of climate-induced migration and the phenomenon of ‘disappearing states’ through the lens of four case studies, Kivalina, Inuit, the Maldives, and Tuvalu. As early as 1990, the Intergovernmental Panel on Climate Change (IPCC) recognized that the greatest single impact of climate change may be on human migration. With sea level rise, Small Island States face the prospect of losing their territory. The Article discusses the challenges that these two issues pose for international law.

Climate Variability, Land Ownership And Migration: Evidence From Thailand About Gender Impacts, Sara R. Curran, Jacqueline Meijer-Irons

Washington Journal of Environmental Law & Policy

Scholars point to climate change, often in the form of more frequent and severe drought, as a potential driver of migration in the developing world, particularly for places where populations rely on agriculture for their livelihoods. To date, however, there have been few large-scale, longitudinal studies that explore the relationship between climate change and migration. This study significantly extends current scholarship by evaluating distinctive effects of climatic variation and models these effects on men’s and women’s responsiveness to drought and rainfall. Our study also investigates how land ownership moderates these effects. We find small, but significant, increases in migration above …

Climate Change, Gender Inequality And Migration In East Africa, Medhanit A. Abebe

Washington Journal of Environmental Law & Policy

East Africa, one of the most volatile regions in Africa, has been suffering from enormous problems caused by population growth, weak governance, war, and famine. Recently, the advent of climate change has exacerbated these pre-existing problems. These impacts are not felt equally across populations, and, according to various studies, disproportionately affect women. Despite reforms, rural East African women still struggle to access resources or participate in decision-making processes. As a result, they have a weaker ability to adapt to climate change than men. This weaker adaptive capacity influences migration patterns between the genders, and creates its own set of problems. …