V.4, 2013 Masthead,
2013
University of San Diego
Who Regulates The Smart Grid? : Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets,
2013
University of San Diego
Who Regulates The Smart Grid? : Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets, Joel B. Eisen
San Diego Journal of Climate & Energy Law
This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC’s broad authority to regulate the wholesale power markets.
Waste Not, Want Not: Landfill Gas To Energy Projects, Climate Change, And The Clean Air Act,
2013
University of San Diego
Waste Not, Want Not: Landfill Gas To Energy Projects, Climate Change, And The Clean Air Act, Katherine A. Trisolini
San Diego Journal of Climate & Energy Law
This Article aims to address this gap, proposing how the Rule could be amended to reduce methane generally and enhance LGTE specifically.
The sections discuss legal mechanisms to reduce landfill methane emissions and promote LGTE where appropriate, focusing on the federal Clean Air Act’s potential role in regulating landfill gas emissions. Section II explains the adverse effects of methane emissions generally and the potential benefits of reducing landfill emissions specifically. Section III describes federal emissions standards under the Clean Air Act and incentive programs for expanded use of LGTE. The discussion highlights potential conflicts between divergent means of regulating landfill …
Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability,
2013
University of San Diego
Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send
San Diego Journal of Climate & Energy Law
This Article draws attention to the different outcomes that may result when WTO law is applied to resolve climate related national energy policy disputes, signals this might send for national energy policies, and how a subtle effect of indirect state liability may arise. Several pending or unresolved complaints currently at the WTO are used to demonstrate these effects. The complaints include the greenhouse gas controversy, the wind energy subsidies complaint, and the feed-in tariffs complaint. The next section, Section II, presents the basic WTO obligations of the four countries involved in these complaints (Japan, Canada, USA, China), and ways that …
An Essay Adapted From A Presentation Entitled "Adaptation To Climate Change," 47 J. Marshall L. Rev. 487 (2013),
2013
UIC School of Law
An Essay Adapted From A Presentation Entitled "Adaptation To Climate Change," 47 J. Marshall L. Rev. 487 (2013), Rosina Bierbaum
UIC Law Review
No abstract provided.
Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013),
2013
UIC School of Law
Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan
UIC Law Review
No abstract provided.
Using Development Financing Tools To Help Cover Costs Of Adapting To Climate Change In Tornado Alley And Beyond, 47 J. Marshall L. Rev. 609 (2013),
2013
UIC School of Law
Using Development Financing Tools To Help Cover Costs Of Adapting To Climate Change In Tornado Alley And Beyond, 47 J. Marshall L. Rev. 609 (2013), Carl Circo
UIC Law Review
No abstract provided.
Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013),
2013
UIC School of Law
Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht
UIC Law Review
No abstract provided.
Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013),
2013
UIC School of Law
Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013), Jonathan Rosenbloom
UIC Law Review
No abstract provided.
Arctic Ice Melt: Emerging Resources, Emerging Issues, The,
2013
Case Western Reserve University School of Law
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Canada-United States Law Journal
No abstract provided.
Do You Know What's On Your Plate?: The Importance Of Regulating The Processes Of Food Production,
2013
University of Missouri - Columbia
Do You Know What's On Your Plate?: The Importance Of Regulating The Processes Of Food Production, Martha Dragich
Faculty Publications
This article argues that the current regulatory approach-focusing on the supposed equivalence of new foods to traditional ones-is unduly narrow, particularly given the characteristics of the modem food system. To achieve the broad objectives of the FDCA in the context of the industrialized, highly processed, and global food supply of the twenty-first century requires adopting a broader understanding of consumer protection needs with respect to food. The FDCA itself is written in very broad terms and provides much of the authority needed today. The FDA's enforcement capacity, however, already is severely strained.52 Moreover, the scientific basis for some process- oriented …
Too Much Of A Good Thing: How Overpopulation, Overconsumption, And Failing Distributive Justice Programs Are Imperiling Mankind,
2013
Villanova University Charles Widger School of Law
Too Much Of A Good Thing: How Overpopulation, Overconsumption, And Failing Distributive Justice Programs Are Imperiling Mankind, Michael Keenan
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Keystone Xl Pipeline: Charting The Course To Energy Security Or Environmental Jeopardy?,
2013
Villanova University Charles Widger School of Law
The Keystone Xl Pipeline: Charting The Course To Energy Security Or Environmental Jeopardy?, Megan O'Rourke
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic,
2013
Barry University
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
The Importance Of Information And Participation Principles In Environmental Law In Brazil,
2013
Elisabeth Haub School of Law at Pace University
The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio
Elisabeth Haub School of Law Faculty Publications
This article explores the two different kinds of uncertainty, ‘hard’ uncertainty (unknown unknowns) and ‘soft’ uncertainty (known unknowns), in the context of environmental law decision making. First, the authors argue that these different categories should not be treated the same when facing decisions under uncertainty. To deal with these different uncertainties, a tiered risk analysis process is called for, using participatory techniques to turn hard uncertainty into (more manageable) soft uncertainty as well as to increase the legitimacy of environmental decision making, even in cases of hard uncertainty. This methodology can and should apply to all instances of domestic, transnational …
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development,
2013
Pace Law School
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …
Hydrofracking: State Preemption, Local Power, And Cooperative Governance,
2013
Elisabeth Haub School of Law at Pace University
Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking—risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and fit …
Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization,
2013
Columbia Law School, Sabin Center for Climate Change Law
Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization, Michael Burger
Sabin Center for Climate Change Law
In this Essay, I make a preliminary foray into new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings' attachments to a sense of "place" or "dwelling" and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America's long history of nationalizing nature manifests in the discourse surrounding …
Envisioning Resilient Electrical Infrastructure: A Policy Framework For Incorporating Future Climate Change Into Electricity Sector Planning,
2013
Columbia Law School
Envisioning Resilient Electrical Infrastructure: A Policy Framework For Incorporating Future Climate Change Into Electricity Sector Planning, Sam C.A. Nierop
Sabin Center for Climate Change Law
Climate change needs to be incorporated in future designs of the electricity sector. This paper argues for a policy framework in which utilities take the lead by performing an electrical climate change impact assessment that evaluates to what extent utilities’ electrical assets are vulnerable to future climate change. Based on this assessment, electrical climate change adaptation plans should be formulated by the utility in cooperation with utility regulators, municipalities and supralocal governments. A collaborative process is essential, because adaptation measures need to be tailored to the regional circumstances and many types of adaptation measures require governmental approval. In order for …
Legal Issues In Integrated, Multi-Pollutant Planning For Energy And Air Quality,
2013
New York University School of Law
Legal Issues In Integrated, Multi-Pollutant Planning For Energy And Air Quality, Shawna Ganley, Shelley Welton
Sabin Center for Climate Change Law
In the face of persistent air quality problems, as well as emerging concerns such as greenhouse gases and state budgetary constraints, states are looking to new ways to maximize air quality while minimizing costs. The non-profit Regulatory Assistance Project (RAP) assists states in air quality management, and has recently proposed a new methodology for states to use in order to take a proactive, forward-thinking approach to optimize air quality. RAP’s proposed Integrated, Multi-Pollutant Planning for Energy and Air Quality (IMPEAQ) fosters long-range planning, multi-pollutant analysis and cost optimization modeling to enable state air quality districts to achieve efficient gains in …
