Offsetting Programs: Struggling To Find An Equitable Solution Internationally,
2012
American University Washington College of Law
Offsetting Programs: Struggling To Find An Equitable Solution Internationally, Silvia Fejka
Sustainable Development Law & Policy
No abstract provided.
Recognition Of Property Rights In Carbon Credits Under California’S New Greenhouse Gas Cap-And-Trade Program,
2012
American University Washington College of Law
Recognition Of Property Rights In Carbon Credits Under California’S New Greenhouse Gas Cap-And-Trade Program, John Monterubio
Sustainable Development Law & Policy
No abstract provided.
Preventing Coral Grief: A Comparison Of Australian And French Coral Reef Protection Strategies In A Changing Climate,
2012
American University Washington College of Law
Preventing Coral Grief: A Comparison Of Australian And French Coral Reef Protection Strategies In A Changing Climate, Anne Caillaud, Florence Damiens, Bernard Salvat, Clive Wilkinson
Sustainable Development Law & Policy
No abstract provided.
The Abcs Of Governing The Himalayas Inresponse To Glacial Melt: Atmospheric Brownclouds, Black Carbon, And Regional Cooperation,
2012
American University Washington College of Law
The Abcs Of Governing The Himalayas Inresponse To Glacial Melt: Atmospheric Brownclouds, Black Carbon, And Regional Cooperation, Erwin Rose
Sustainable Development Law & Policy
No abstract provided.
The Montreal Protocol: Fit For Hydroflurocarbons,
2012
American University Washington College of Law
The Montreal Protocol: Fit For Hydroflurocarbons, Veronica Kennedy
Sustainable Development Law & Policy
No abstract provided.
The East African Community And Theclimate Change Agenda: An Inventory Of Theprogress, Hurdles, And Prospects,
2012
American University Washington College of Law
The East African Community And Theclimate Change Agenda: An Inventory Of Theprogress, Hurdles, And Prospects, James Forole Jarso
Sustainable Development Law & Policy
No abstract provided.
An Un-Conventional Approach: Ecuador’S Yasuní-Itt Initiative Is In Discord With The Unfccc,
2012
American University Washington College of Law
An Un-Conventional Approach: Ecuador’S Yasuní-Itt Initiative Is In Discord With The Unfccc, Ryan Haddad
Sustainable Development Law & Policy
No abstract provided.
Unconstructive Ambiguity In The Durban Climate Deal Of Cop 17 / Cmp 7,
2012
American University Washington College of Law
Unconstructive Ambiguity In The Durban Climate Deal Of Cop 17 / Cmp 7, Remi Moncel
Sustainable Development Law & Policy
No abstract provided.
What Litigation Of A Climate Nuisance Suit Might Look Like,
2012
American University Washington College of Law
What Litigation Of A Climate Nuisance Suit Might Look Like, Michael B . Gerrard
Sustainable Development Law & Policy
No abstract provided.
Editors' Note,
2012
American University Washington College of Law
Editors' Note, Braunson Virjee, Chelsea Tu
Sustainable Development Law & Policy
No abstract provided.
Introductory Remarks,
2012
American University Washington College of Law
Introductory Remarks, Charles E. Di Leva
Sustainable Development Law & Policy
No abstract provided.
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules ,
2012
Pepperdine University
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown ,
2012
Pepperdine University
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
Pepperdine Law Review
In 2009, the promise of a comprehensive federal cap and trade bill to address climate change fell apart. At least in part, this was due to the fears that exotic 'carbon' financial instruments might cause more financial crises. As California launches it economy wide carbon trading system, and other regional systems and the even possibly the EPA consider cap and trade, it is important to revisit what, if anything, about carbon denominated financial instruments might lead to financial market problems. The most problematic of the instruments, offsets, can be designed to lessen financial risk from underlying asset failure.
When Scientific Palmers Make Policy: The Impact And Future Of Cap-And-Trade In The United States,
2012
Pepperdine University
When Scientific Palmers Make Policy: The Impact And Future Of Cap-And-Trade In The United States, Sophia Hamilton
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Closing The Regulatory Gap In Michigan's Public Trust Doctrine: Saving Michigan Millions With Statutory Reform,
2012
University of Michigan Law School
Closing The Regulatory Gap In Michigan's Public Trust Doctrine: Saving Michigan Millions With Statutory Reform, Kelsey Breck
University of Michigan Journal of Law Reform
The Great Lakes are some of Michigan's most valuable and important environmental resources. The public trust doctrine requires Michigan to protect and preserve the lands along the shores of the Great Lakes for the use of future generations. Unfortunately, the public trust doctrine in Michigan is in disarray and as a result, public and private rights to the lands along the Great Lakes are poorly delineated. This Note presents an economic argument for why the public trust doctrine should be reformed to better define public and private rights to the land along Michigan's Great Lakes. It also suggests a statutory …
Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation ,
2012
University of Michigan Law School
Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly
Michigan Journal of Environmental & Administrative Law
First Amendment challenges by billboard companies and other sign owners to local sign regulations have become a frequent occurrence in the past thirty years. The stakes are high for both commercial sign owners and local governments. Sign control has emerged as an important front in the environmental protection movement, as it focuses on the visual or scenic quality of the environment. Courts have begun to recognize and accept local governments’ interest in controlling the proliferation of signage as part of their efforts to improve environmental quality, but courts have applied First Amendment doctrine in an inconsistent manner. The courts’ inconsistent …
Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills ,
2012
University of Michigan Law School
Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills , Christopher D. Eaton
Michigan Journal of Environmental & Administrative Law
Mountaintop removal mining operations in the Appalachian region have expanded significantly in recent decades. The practice decimates the mountain ecosystems by leveling forests, filling headwater streams, and producing significant runoff of heavy metals, sediment, and other pollutants that impair the aquatic environment of entire watersheds. Yet environmental permitting of the practice is relatively limited. A recent trend in litigation aimed at halting mining operations has involved challenging permits that authorize the discharge of mining overburden into headwater streams pursuant to the Clean Water Act (CWA). The Army Corps of Engineers has assumed jurisdiction over such discharges under section 404 of …
Setting The Bar For "Injury" In Environmental Exposure Cases: How Low Can It Go?,
2012
University of Maryland Francis King Carey School of Law
Setting The Bar For "Injury" In Environmental Exposure Cases: How Low Can It Go?, John C. Cruden, Carla Burke, John Guttmann, Robert V. Percival
Faculty Scholarship
On May 16, 2012, ELI convened a panel of experts to provide an overview and analysis of the tension between regulatory and common-law standards for injury in the context of toxic tort litigation. The speakers discussed and debated emerging trends in toxic tort litigation, including claims for property damage or medical monitoring regarding exposure to environmental contamination that never exceeds applicable regulatory standards. The panel also analyzed recent court opinions on the bounds of "injury" in environmental contamination cases and the potential for plaintiffs to recover damages based upon relatively low concentrations of chemicals. Issues explored by the panel included …
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride,
2012
University of Maryland Francis King Carey School of Law
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Faculty Scholarship
This briefing paper examines the agricultural secrecy granted by section 1619 of the 2008 Farm Bill, its implications for transparency and oversight, and its impact on other federal agencies such as the U.S. Environmental Protection Agency (EPA). In an era of fiscal responsibility, tight budgets, and increasing pressure on the environment, the public has a right to know whether the U.S. Department of Agriculture (USDA) is making the best decisions about how to allocate public funds.
Each year, agricultural producers in the United States receive billions of dollars in federal payments: crop subsidies, crop insurance, conservation payments, disaster payments, loans, …
Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure,
2012
Columbia Law School, Columbia Center on Sustainable Investment
Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for power infrastructure.
