The Dynamics And Global Implications Of Subglobal Carbon-Restricting Regimes,
2013
Case Western Reserve University School of Law
The Dynamics And Global Implications Of Subglobal Carbon-Restricting Regimes, Juscelino F. Colares
Faculty Publications
The European Union and Australia have enacted comprehensive carbon-restricting reforms that will affect both domestic and foreign industries. After describing these reforms in detail, the article develops a microeconomic analytical model that explains the impact these regimes have on the dynamics of inter-firm competition in carbon-restricting nations and how they will also influence technology choices by certain industries in carbon-friendly nations. Specifically, exporters and producers operating in vertically-integrated industries in carbon-friendly nations will increasingly elect carbon-efficient technologies to minimize costs as they adjust to a changing international regulatory environment. The article hypothesizes that this shift in the carbon intensity of …
International Law In The Anthropocene: Responding To The Geoengineering Challenge,
2013
University of Canterbury, New Zealand
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
Michigan Journal of International Law
From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …
Risk And Response In Fracturing Policy,
2013
University of Colorado Law School
Risk And Response In Fracturing Policy, Hannah J. Wiseman
University of Colorado Law Review
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches,
2013
University of Colorado Law School
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
University of Colorado Law Review
No abstract provided.
A Just And Healthy Future For The 100 Percent,
2013
University of Colorado Law School
A Just And Healthy Future For The 100 Percent, Bill Hedden
University of Colorado Law Review
No abstract provided.
Reflections On Social Change And Law Reform,
2013
University of Colorado Law School
Reflections On Social Change And Law Reform, John D. Leshy
University of Colorado Law Review
No abstract provided.
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures,
2013
University of Oklahoma College of Law
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
Oklahoma Law Review
No abstract provided.
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause,
2013
University of Wyoming College of Law
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Oklahoma Law Review
No abstract provided.
Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011,
2013
Suffolk University Law School
Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira
Oklahoma Law Review
From the late 1970s to the end of the 1990s, electricity producers modified and operated coal-fired power plants in violation of the Environment Protection Agency’s (EPA) permitting requirements, creating widespread air quality degradation. The EPA’s policy of lax oversight ended in 1999 when it launched a large, coordinated enforcement effort. The 2012 Republican presidential candidates all denounced this more vigilant EPA as engaging in economic terrorism through “sue and settle” tactics that amount to backdoor regulation. This article evaluates federal environmental enforcement, drawing upon objective data from our empirical study of EPA permitting violation settlements for coal-fired power plants entered …
The Architecture Of Ignorance,
2013
Brooklyn Law School
The Architecture Of Ignorance, Gregg P. Macey
Faculty Scholarship
No abstract provided.
Insurance And Climate Change,
2013
University of Connecticut School of Law
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Faculty Articles and Papers
Climate change started as a scientific theory, became the subject of environmental policy and international negotiation, and today manifests itself within the courts in a series of boundary testing cases that challenge the settled concepts of risk and redress available under both environmental and insurance law. As our climate becomes increasingly unstable and the causal link between damage from sea-level rise and severe weather events becomes ever more tangible and traceable, courts at all levels wrestle with varying avenues of legal authority, including: the limitations of legal redress through the political question doctrine the appropriateness of traditional federal and state …
The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013),
2013
John Marshall Law School
The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond
UIC Law Review
No abstract provided.
Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013),
2013
UIC School of Law
Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger
UIC Law Review
No abstract provided.
The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots,
2013
University of Texas at Austin School of Law
The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman
Indiana Law Journal
This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all outdoor sources of air toxics. This pattern spans multiple spatial scales, ranging from census tracts to the nation as a whole. However, it is most pronounced in metropolitan areas, which have the lowest air quality and are home to eighty percent of the U.S. population. …
Hydraulic Fracturing And Water Management In The Great Lakes,
2013
Wayne State University
Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny
Law Faculty Research Publications
No abstract provided.
Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks,
2013
Johns Hopkins University
Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss
School of Law Faculty Publications
The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …
The Rebirth Of The Neighborhood,
2013
Georgetown University Law Center
The Rebirth Of The Neighborhood, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This essay argues that new urban residents primarily seek a type of community properly called a neighborhood. “Neighborhood” refers to a legible, pedestrian-scale area that has an identity apart from the corporate and bureaucratic structures that dominate the larger society. Such a neighborhood fosters repeated, casual contacts with neighbors and merchants, such as while one pursues Saturday errands or takes children to activities. Dealing with independent local merchants and artisans face-to-face provides a sense of liberation from large power structures, where most such residents work. Having easy access to places of sociability like coffee shops and bars permits spontaneous “meet-ups,” …
The Increasing Privatization Of Environmental Permitting,
2013
University of Miami School of Law
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Articles
No abstract provided.
Compartmentalized Thinking And The Clean Water Act,
2013
University of Florida Levin College of Law
Compartmentalized Thinking And The Clean Water Act, Christine A. Klein
UF Law Faculty Publications
Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In …
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic,
2013
Indiana University Maurer School of Law
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
