Masthead And Front Matter,
2013
Washington and Lee University School of Law
Masthead And Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend,
2013
William & Mary Law School
Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend, Gary D. Godman
William & Mary Environmental Law and Policy Review
No abstract provided.
New Corporate Forms And Green Business,
2013
William & Mary Law School
New Corporate Forms And Green Business, Antony Page
William & Mary Environmental Law and Policy Review
You want to start a business: not just an ordinary business, producing ordinary social benefit, but a dual-mission business that will both make a profit and benefit the environment. This green business, you expect, will sometimes face trade-offs between the missions, in the sense that sometimes owners’ wealth and profit will have to be sacrificed to pursue environmental benefits. You’re optimistic, in that you hope the business will find outside investors and will scale up easily. Moreover, you don’t want to lie or even dissemble about your motives or about the business’s actions. You want to be both authentic and …
Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands,
2013
William & Mary Law School
Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean
William & Mary Environmental Law and Policy Review
This Article posits that corporate real estate development of coastal property can coexist with conservation strategies to preserve the ecological and cultural integrity of the barrier islands along the southeastern seaboard. Reformed corporate land use techniques that reflect prudent and sustainable master-planned communities may result in manageable natural and cultural resource preservation. The Introduction defines the historical, cultural, and ecological significance of the Sea Islands, an archipelago stretching from the Carolinas to Florida. Part I presents a series of corporate real estate redevelopment projects on the Sea Islands for analysis. Part II sets forth viable solutions for the implementation of …
Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program,
2013
William & Mary Law School
Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao
William & Mary Environmental Law and Policy Review
In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics have suggested …
Food Ordinances: Encouraging Eating Local,
2013
William & Mary Law School
Food Ordinances: Encouraging Eating Local, Mia Shirley
William & Mary Environmental Law and Policy Review
No abstract provided.
Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris,
2013
William & Mary Law School
Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button
William & Mary Environmental Law and Policy Review
No abstract provided.
Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission,
2013
William & Mary Law School
Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp
William & Mary Environmental Law and Policy Review
No abstract provided.
Small-Scale Generation: Issues In Standardizing Power Purchase Agreements,
2013
Suffolk University Law School
Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno
Suffolk University Law School Faculty Works
This note provides an introduction to the issues surrounding the design of Power Purchase Agreement's (PPAs). Programs to attract investment in small-scale electricity generation, often powered by renewable energy sources, have become increasingly common in the developing world as governments seek to both expand access to electricity and improve sustainability. A valuable tool for such programs is a well-crafted, standardized power purchase agreement, which can reduce transaction costs for generators and government agencies alike and substantially improve the economics of small generation facilities. This note discusses key considerations in designing a standardized agreement for a small power producer program. The …
Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23,
2013
Vanderbilt University Law School
Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber
Vanderbilt Law Review
In the fall of 2010, two major political battles over climate change in the United States reached their climax. At the federal level, efforts to enact comprehensive climate change legislation-already in doubt after the Senate refused to consider legislation passed by the House-were terminated for the near future by a landslide win for conservative Republicans, who are overwhelmingly hostile to climate change legislation, in midterm Congressional elections.' At the state level, California voters considered Proposition 23, a ballot initiative that would have effectively repealed the state's comprehensive global warming statute (AB 32, enacted in 2006). Yet despite the fact that …
David Sive Award For Best Brief Overall,
2013
Texas Tech University School of Law
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
Pace Environmental Law Review Online Companion
No abstract provided.
The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy,
2013
The University of Akron
The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins
University of Akron Press Publications
This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and …
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation,
2013
Pepperdine University
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues,
2013
Pepperdine University
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz
Pepperdine Law Review
No abstract provided.
Energy In The Eighties—Energy Law Symposium: Lng In Southern California,
2013
Pepperdine University
Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz
Pepperdine Law Review
In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …
Climate Change Meets The Law Of The Horse,
2013
Vanderbilt University Law School
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the …
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation ,
2013
Pepperdine University
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor
Pepperdine Law Review
In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General,
2013
Pepperdine University
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
Pepperdine Law Review
The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …
The Development Of Outer Continental Shelf Energy Resources,
2013
Pepperdine University
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
Pepperdine Law Review
An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.
The Law Of The Sea: Offshore Installations And Marine Pollution,
2013
Pepperdine University
The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt
Pepperdine Law Review
No abstract provided.
