Cafta-Dr's Citizen Submission Process: Is It Protecting The Indigenous Peoples Rights And Promoting The Three Pillars Of Sustainable Development? ,
2013
Loyola University Chicago, School of Law
Cafta-Dr's Citizen Submission Process: Is It Protecting The Indigenous Peoples Rights And Promoting The Three Pillars Of Sustainable Development? , Josephine M. Balzac
Loyola University Chicago International Law Review
No abstract provided.
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability,
2013
University of Maryland Francis King Carey School of Law
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann
Maryland Law Review
No abstract provided.
Dynamic Energy Federalism,
2013
University of Maryland Francis King Carey School of Law
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Maryland Law Review
No abstract provided.
Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense,
2013
University of Maryland Francis King Carey School of Law
Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase
Maryland Law Review
No abstract provided.
Conservative Principles For Environmental Reform,,
2013
Case Western University School of Law
Conservative Principles For Environmental Reform,, Jonathan H. Adler
Faculty Publications
Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental bills have been enacted since then.
E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others,
2013
University of Kentucky
E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Defying The Law: Northern Plains Resource Council, Inc. V. Surface Transportation Board And The State Of Nepa Jurisprudence,
2013
University of Kentucky
Defying The Law: Northern Plains Resource Council, Inc. V. Surface Transportation Board And The State Of Nepa Jurisprudence, Rachel Shelton
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Big Basin, California,
2013
UC Law SF
Big Basin, California, Michael Bland
UC Law Environmental Journal
No abstract provided.
Federal Regulatory Barriers To Grid-Deployed Energy Storage,
2013
Columbia Law School
Federal Regulatory Barriers To Grid-Deployed Energy Storage, Andrew Meyer
Sabin Center for Climate Change Law
Until recently, the most advanced form of grid-deployed energy storage involved pumping water up a hill. But “newer storage technologies like flywheels and chemical batteries have recently achieved technological maturity and are well into successful pilot stages and, in some cases, commercial operation”. If widely adopted these new energy storage technologies will fundamentally alter the operation of our electricity system
State Hazard Mitigation Plans And Climate Change: Rating The States,
2013
Columbia Law School, Center for Climate Change Law
State Hazard Mitigation Plans And Climate Change: Rating The States, Matthew Babcock
Sabin Center for Climate Change Law
Climate change is affecting and will continue to affect the frequency and severity of natural hazard events, a trend that is of increasing concern for emergency managers and hazard mitigation agencies across the United States. Proper response to these hazards will require preparation and planning. Unfortunately, states are not required to include analysis of climate change in their State Hazard Mitigation Plans, which leads to uneven treatment of the issue and missed opportunities for mitigation planning. This survey identifies those state plans that address climate change and climate-related issues in an accurate and helpful manner and those that do not. …
Encouraging Energy Efficiency Through The Clean Air Act,
2013
Columbia Law School, Sabin Center for Climate Change Law
Encouraging Energy Efficiency Through The Clean Air Act, Moneen Nasmith
Sabin Center for Climate Change Law
Energy efficiency measures provide tremendous opportunities for achieving effective and cost-friendly reductions in the emissions of greenhouse gases. In the absence of more comprehensive legislative efforts, proponents of energy efficiency projects can look to existing environmental laws for tools to promote and encourage energy efficiency and conservation. One such law is the federal Clean Air Act (“CAA”), which empowers the U.S. Environmental Protection Agency (“EPA”) to use a variety of mechanisms to address air pollution and protect the public health. Although the statute and its accompanying regulations are complex, the CAA provides a number of important avenues for advocates of …
Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports,
2013
Columbia Law School, Sabin Center for Climate Change Law
Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports, Elizabeth Sheargold, Smita Walavalkar
Sabin Center for Climate Change Law
As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.
Compilation Of International Authorities Supporting Specific Measures To Combat Climate Change,
2013
Columbia Law School, Sabin Center for Climate Change Law
Compilation Of International Authorities Supporting Specific Measures To Combat Climate Change, Fiona Kinniburgh
Sabin Center for Climate Change Law
This document is a compilation of international authorities that endorse or require various specific measures to combat climate change. The document comprises a non-exhaustive compilation of extracts from various international agreements, environmental treaties and resolutions / declarations of international organizations, as well as reports from several respected international bodies. While the UNFCCC, the Kyoto Protocol and decisions of the Conference of the Parties contain the most authoritative and directly applicable obligations regarding climate change, other international conventions, declarations, agreements and charters also give legal support for some of these specific measures.
Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter,
2013
Columbia Law School
Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang
Sabin Center for Climate Change Law
This paper focuses on one of China’s efforts to engage with climate change—the establishment and development of carbon emissions trading schemes (ETSs) in the country. Section II examines the shift from command and control approaches to market mechanisms in China’s climate policy over the past two decades, which primed the domestic scene for the emergence of carbon emissions trading. Section III studies the seven regional ETS pilots due to launch later this year, the success or failure of which will to a large extent determine the future of carbon markets in not only China, but most likely the rest of …
Digest Of Hydraulic Fracturing Cases,
2013
Columbia Law School, Sabin Center for Climate Change Law
Digest Of Hydraulic Fracturing Cases, Smita Walavalkar
Sabin Center for Climate Change Law
As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.
Fracking And Federalism Choice,
2013
Columbia Law School, Sabin Center for Climate Change Law
Fracking And Federalism Choice, Michael Burger
Sabin Center for Climate Change Law
In response to David B. Spence's "Federalism, Regulatory Lags, and the Political Economy of Energy Production," I offer a set of constructive challenges to his article. In Part I, I argue that fracking’s federalism-choice question has already been answered, and that but for the outdated and underjustified exemptions mentioned above, fracking is already under the jurisdiction of federal regulators. In Part II, I conduct an alternative federalism-choice analysis that adds to Professor Spence’s analysis in three ways. First, I balance his analysis by examining rationales commonly used to justify decentralization, rather than federalization, of environmental law. Second, I argue that …
Carbon Capture And Storage Policy In China,
2013
Columbia Law School, Center for Climate Change Law
Carbon Capture And Storage Policy In China, Yan Gu
Sabin Center for Climate Change Law
This paper examines the current state of Carbon Capture, Utilization and Storage technology (CCUS) in China as well as the related climate change policy, laws, and initiatives that might be used to encourage the large-scale deployment of carbon sequestration in China. The paper is organized in six sections. Section I examines the overall status of CCUS development in China, including CCUS research activities and demonstration project deployment. Section II discusses the broader environment of national climate change policies issued by the State Council (namely the Central People’s Government) and how it accommodates CCUS development policy. Section III reviews China’s technology …
Environmental Law/Environmental Literature,
2013
Columbia Law School, Sabin Center for Climate Change Law
Environmental Law/Environmental Literature, Michael Burger
Sabin Center for Climate Change Law
What, is truly "environmental" about environmental law? This Article is the first attempt to answer this question by integrating Law & Literature scholarship with the study of environmental law. I argue that competing narratives of nature and culture common to the American environmental imagination play a more significant role in environmental law and litigation than previously acknowledged. These competing narratives, communicated through a known set of environmental stories and tropes, are used by attorneys to establish, frame, narrate and argue their cases, and they are absorbed, reimagined, reframed and retold by judges in their written opinions, making environmental law a …
Discussion Of Climate Change-Related Water Impacts In Federal Environmental Impact Statements (Eiss), January-September 2012,
2013
Columbia Law School, Center for Climate Change Law
Discussion Of Climate Change-Related Water Impacts In Federal Environmental Impact Statements (Eiss), January-September 2012, Cathy Li
Sabin Center for Climate Change Law
Climate change and its predicted effect on precipitation, temperature, storm frequency and intensity, global sea levels, and numerous other factors will pose significant challenges for the maintenance and operations of built infrastructure. Climate change is predicted to exacerbate water-related issues, such as water supply shortages brought on by increasingly severe droughts and more frequent or intense flooding caused by extreme precipitation events. Executive Order 13514 and subsequent instructions from the Council on Environmental Quality (CEQ) have directed federal agencies to prepare for and adapt to the changing environment in which they will have to operate. The National Environmental Policy Act …
The (Re)Federalization Of Fracking Regulation,
2013
Columbia Law School, Sabin Center for Climate Change Law
The (Re)Federalization Of Fracking Regulation, Michael Burger
Sabin Center for Climate Change Law
The purpose of this Article is to defend environmental law's federalism choices from the insinuation that they do not match fracking's environmental impacts and to demonstrate that fracking does indeed belong under the umbrella of federal law. The Article proceeds in four Parts. Part I establishes the federalism-choice analysis framework and applies it to both state and federal regulation of fracking. Part II buttresses the conclusion that federal regulation of potential impacts on underground drinking-water supplies is appropriate through a fresh and extensive examination of the statutory scheme and legislative history of SDWA. Part III offers further support for federal …
