Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon,
2012
UC Law SF
Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon, Abby J. Queale
UC Law Environmental Journal
No abstract provided.
Denali,
2012
UC Law SF
Keeping Dry Streams Green: Can Landowners In Arizona And California Use Property Rights To Maintain Groundwater-Dependent Riparian Habitat Along Non-Perennial Watercourses?, Christopher J. Losi
UC Law Environmental Journal
No abstract provided.
Civil Conspiracy Up In Smoke: How Similar Are Cigarettes And Smokestacks?,
2012
UC Law SF
Civil Conspiracy Up In Smoke: How Similar Are Cigarettes And Smokestacks?, Henry Steinberg
UC Law Environmental Journal
No abstract provided.
Wind Energy Development: Can Wind Power Overcome Substantial Hurdles To Reach The Grid?,
2012
UC Law SF
Wind Energy Development: Can Wind Power Overcome Substantial Hurdles To Reach The Grid?, Steve Goodman
UC Law Environmental Journal
No abstract provided.
Splash,
2012
UC Law SF
Creating A Category Under The Kyoto Protocol Based On Non Emissions,
2012
UC Law SF
Creating A Category Under The Kyoto Protocol Based On Non Emissions, Erin Sedloff
UC Law Environmental Journal
No abstract provided.
Fallen Tree,
2012
UC Law SF
Water Reuse In The West: State Programs And Institutional Issues. A Report Complied By The Western States Water Council,
2012
UC Law SF
Water Reuse In The West: State Programs And Institutional Issues. A Report Complied By The Western States Water Council, Nathan S. Bracken
UC Law Environmental Journal
No abstract provided.
Interstate Competition And The Race To The Top,
2012
Case Western University School of Law
Interstate Competition And The Race To The Top, Jonathan H. Adler
Faculty Publications
This essay, based on remarks at the 211 Federalist Society Student Symposium, discusses some of the benefits of federalism. Many of the benefits of federalism derive from interjurisdictional competition, as competition among jurisdictions is a powerful means to discover and promote welfare-enhancing policies. Decentralizing authority over various policy matters also leaves states free to account for regional variation and can facilitate policy discovery and entrepreneurship and reduce the risks of policy failures. While the arguments for decentralization are strong, there are persuasive justifications for federal intervention in some instances, such as the existence of interstate spillovers. Fears of a “race …
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?,
2012
Florida State University College of Law
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
Scholarly Publications
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …
Water Rights, Markets, And Changing Ecological Conditions,
2012
Case Western University School of Law
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Faculty Publications
Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This essay, written for the Environmental Law Symposium on 21st Century Water Law, presents an alternative view. Specifically, this essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case …
Hydraulic Fracturing Additives: A Solution To The Tension Between Trade Secret Protection And Demands For Public Disclosure,
2012
University of Kentucky
Hydraulic Fracturing Additives: A Solution To The Tension Between Trade Secret Protection And Demands For Public Disclosure, Travis D. Van Ort
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Adverse Effects Of Aquatic Invasive Species On Native Commercial And Recreational Fisheries Of The Great Lakes And The Exacerbation Of The Problem By Judicial Reluctance To Act,
2012
University of Kentucky
The Adverse Effects Of Aquatic Invasive Species On Native Commercial And Recreational Fisheries Of The Great Lakes And The Exacerbation Of The Problem By Judicial Reluctance To Act, Andrew S. Leung
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Bundling Solutions For Financing Building Energy Efficiency Retrofit Projects In Residential And Commercial Buildings,
2012
Columbia Law School, Sabin Center for Climate Change Law
Bundling Solutions For Financing Building Energy Efficiency Retrofit Projects In Residential And Commercial Buildings, Michael Kerstetter
Sabin Center for Climate Change Law
Buildings are responsible for approximately 40% of overall national energy consumption and renewed investment in energy efficiency (EE) projects and measures in that sector, in particular, could potentially save consumers and the U.S. economy billions of dollars, create jobs and significantly reduce the emission of greenhouse gasses. Accordingly, a comprehensive and well crafted economy-wide EE solution should include programs for the upgrading or retrofitting of existing residential and commercial structures. Although there is already investment in these types of projects, significant potential still remains for further investment. The subjects discussed in this paper could serve as a useful starting point …
Public Utilities Commissions & Energy Efficiency: A Handbook Of Legal And Regulatory Tools For Commissioners & Advocates,
2012
Columbia Law School, Sabin Center for Climate Change Law
Public Utilities Commissions & Energy Efficiency: A Handbook Of Legal And Regulatory Tools For Commissioners & Advocates, Shelley Welton, Chen Xu, Brian Troxler, Chao Huang, Andrew Kirchner, Krista Yacovone, Maria Hristova
Sabin Center for Climate Change Law
This handbook examines the range of legal and regulatory tools that state PUCs have to promote energy efficiency. It draws from a broad and deep body of literature on the topic, an examination of relevant state laws and regulations, and interviews with experts in the private and public sectors. The handbook may prove useful in those states that are more advanced in their energy efficiency policies by illuminating potential refinements or alternative design options in areas that prove to be sticking points. It is intended primarily, however, as a resource for those in states that are not yet as advanced …
Livestock And Climate Change – Annotated Bibliography,
2012
Columbia Law School
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Sabin Center for Climate Change Law
Over the past two decades, efforts to address climate change have primarily focused on reducing carbon dioxide (CO2) from fossil fuel combustion. The potential contribution of livestock production to climate change has been largely overlooked. Recent scholarship suggests that activities related to livestock production constitute a significant proportion of anthropogenic greenhouse gas (GHG) emissions. Although estimates of livestock’s contribution to our overall GHG emissions range broadly – from 18% to 51% – there is no question that this impact warrants serious consideration from policy makers.
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,
2012
Columbia Law School, Sabin Center for Climate Change Law
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
Sabin Center for Climate Change Law
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.
Analysis Of California, Washington, And New York Insurer Climate Risk Surveys For The 2011 Reporting Year,
2012
Columbia Law School, Sabin Center for Climate Change Law
Analysis Of California, Washington, And New York Insurer Climate Risk Surveys For The 2011 Reporting Year, Irene Shulman
Sabin Center for Climate Change Law
Climate change has the potential to affect the availability and affordability of insurance across most major insurance categories. The National Association of Insurance Commissioners (NAIC) adopted the Insurer Climate Risk Disclosure Survey in 2009, and in February 2012, California, Washington, and New York administered the survey to insurance companies that write in excess of $300 million in premiums annually. This working paper summarizes and analyzes the survey responses that were submitted to California, Washington, and New York in 2012 for the 2011 reporting year. The working paper found that the majority of the 400 survey responses indicated that climate change …
Past Its Prime: Why The Clean Air Act Is In Need Of Modification,
2012
University of Michigan Law School
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
University of Michigan Journal of Law Reform Caveat
The Clean Air Act (CAA) is the primary federal statute regulating the emission of air pollutants. First enacted in 1970, the CAA requires, inter alia, the federal government to establish air quality goals and states to develop implementation plans to achieve those goals. The most stringent requirements of the CAA are imposed on “new” or “modified” sources of pollution, such as sulfur dioxide, nitrous oxides, and particulate matter. Sources that were operating when the CAA was enacted are mostly exempt from regulation under the Act. Because of the substantial costs associated with the CAA standards, there is an incentive for …
