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.
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.
Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil,
2013
University of Colorado Law School
Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore
University of Colorado Law Review
The financial concept of real options has important consequences in areas of environmental and natural resources law where irreversible decisions are made in the face of uncertainty. This article argues that consideration of real options is necessary to maximize economic returns from nonrenewable natural resource extraction, using offshore oil drilling as a case study. Because decisions over drilling are often framed as a now-or-never choice, the option to wait (or the "real option" value) is improperly treated in administrative processes that determine whether, when, and how offshore oil resources will be tapped. The value associated with the option to delay …
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 …
Keynote: Sustainability And Sovereignty In The 21st Century,
2013
Pacific McGeorge School of Law
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration,
2013
University of Michigan Law School
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Other Publications
Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …
Getting Paid In Probate Court.,
2013
St. Mary's University
Getting Paid In Probate Court., Robert J. Augsburger
St. Mary's Law Journal
After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …
Big Basin, California,
2013
UC Law SF
Big Basin, California, Michael Bland
UC Law Environmental Journal
No abstract provided.
Courts Rulings Accept Climate Science,
2013
Columbia Law School
Courts Rulings Accept Climate Science, Michael Gerrard
Faculty Scholarship
Viewers of certain television networks, readers of certain newspapers, and anyone visiting Capitol Hill would come away with the impression that there are serious questions about whether climate change is occurring and, if it is, whether it is mostly caused by human activity. One place where there are few such questions is the courts. In fact it appears that (with one lone exception in a dissent) not a single U.S. judge has expressed any skepticism, in a written opinion or dissent, about the science underlying the concern over climate change. To the contrary, the courts have uniformly upheld this science, …
The Opportunities For And Hurdles To Combined Heat And Power In New York City,
2013
Columbia Law School
The Opportunities For And Hurdles To Combined Heat And Power In New York City, Alexis Saba, Bianca Howard, Michael Gerrard, Vijay Modi
Faculty Scholarship
This paper first seeks to quantify the potential for CHP development in New York City and describe the primary hurdles to optimal deployment in Parts I and II. Part III provides policy solutions for overcoming these hurdles and recommendations for how stakeholders can use information and analysis to maximize the opportunities for CHP.
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.
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.
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 …
