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Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep In The Heart Of Texas. Sierra Club, Inc. V. Sandy Creek Energy Assoc., L.P., Kristen R. Michael 2011 University of Missouri School of Law

Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep In The Heart Of Texas. Sierra Club, Inc. V. Sandy Creek Energy Assoc., L.P., Kristen R. Michael

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law Updates, 2011 University of Missouri School of Law

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.


Table Of Contents, 2011 University of Missouri School of Law

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen, Madeline Gottlieb, Joshua Linn, Nathan Richardson 2011 Vanderbilt University Law School

Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen, Madeline Gottlieb, Joshua Linn, Nathan Richardson

Vanderbilt Law Review

Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public's perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by a firm; and (2) there may be principal-agent …


Real-Time Economic Analysis And Policy Development During The Bp "Deepwater Horizon" Oil Spill, Joseph E. Aldy 2011 Vanderbilt University Law School

Real-Time Economic Analysis And Policy Development During The Bp "Deepwater Horizon" Oil Spill, Joseph E. Aldy

Vanderbilt Law Review

The 2010 BP Deepwater Horizon oil spill posed near-term economic risks to the Gulf of Mexico region and raised questions about appropriate policies to mitigate catastrophic oil-spill risks. This Essay reviews the Obama Administration's assessment of the economic vulnerabilities to the spill, the Administration's May 12, 2010, legislative proposal focused on minimizing the adverse economic impacts to workers and small businesses in the Gulf of Mexico, and the effort to secure an agreement with BP to ensure that those harmed by the spill will receive full compensation. Then, the Essay discusses several of the policy reforms advanced by the Administration …


Coastal Wetland Restoration And The "Deepwater Horizon" Oil Spill, Edward B. Barbier 2011 Vanderbilt University Law School

Coastal Wetland Restoration And The "Deepwater Horizon" Oil Spill, Edward B. Barbier

Vanderbilt Law Review

Both the 2005 Hurricanes Katrina and Rita and the 2010 BP oil spill have focused attention on the need to restore coastal wetland habitats along the Gulf of Mexico of the United States. As restoration is required by the Oil Pollution Act of 1990, restoring coastal wetlands will be required as part of BP's legal obligations. Although plans to restore the Mississippi River Delta are well on their way, the damages to the Gulf Coast wetlands caused by the Deepwater Horizon spill are still occurring and have yet to be fully assessed. At this critical time for wetland restoration in …


Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen 2011 Vanderbilt University Law School

Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen

Vanderbilt Law Review

Nathan Richardson 64 Vand. L. Rev. 1853 (2011) Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public's perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by …


Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser 2011 Vanderbilt University Law School

Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser

Vanderbilt Law School Faculty Publications

The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability structure for deep-sea oil drilling and for catastrophic risks generally. It delineates a two-tier system of liability. The first tier would impose strict liability up to the firm's financial resources, including insurance coverage. The second tier would be an annual tax equal to the expected costs in the coming year beyond this damages amount. Before beginning a risky operation, the proposed liability scheme would identify a single firm-the …


The One Percent Problem, Kevin M. Stack, Michael P. Vandenbergh 2011 Vanderbilt University Law School

The One Percent Problem, Kevin M. Stack, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively small contributors. These arguments for exemption garner broad acceptance in part because they appeal to behavioral biases that induce individuals to discount or ignore small values. But when a regulatory problem can be solved only by regulating small contributors, accepting one percent arguments creates what we call the one percent problem. This Article shows that this general problem for regulation has particularly damaging effects on …


Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye LIU, Frank MAES 2011 Singapore Management University

Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes

Research Collection Yong Pung How School Of Law

This article examines China’s domestic legal regime for the prevention of vessel sourcepollution. It pays special attention to the recently adopted Regulation on Preventionand Control of Marine Pollution from Vessels. Potential challenges and emerging issuesthat China has to confront are addressed, including: application of the legislation todisputed sea areas between China and its neighbors, freedom of navigation in theexclusive economic zone, reduction of emission from ships, and prevention of invasivespecies from ballast water.


Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser 2011 Vanderbilt University Law School

Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser

Vanderbilt Law Review

The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability structure for deep-sea oil drilling and for catastrophic risks generally. It delineates a two-tier system of liability. The first tier would impose strict liability up to the firm's financial resources, including insurance coverage. The second tier would be an annual tax equal to the expected costs in the coming year beyond this damages amount. Before beginning a risky operation, the proposed liability scheme would identify a single firm-the …


Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang 2011 University of Maryland Francis King Carey School of Law

Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang

Faculty Scholarship

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny. For example, Maryland charges less than Pennsylvania and Virginia for some pollutant discharge permits, and the state does not assess permit fees for municipalities despite the resources required to administer those permits. The penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. Maryland law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in …


Environmental Law At Maryland, No. 32, Fall 2011, 2011 University of Maryland Francis King Carey School of Law

Environmental Law At Maryland, No. 32, Fall 2011

Environmental Law at Maryland

No abstract provided.


Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall 2011 Stone Pigman Walther Wittman L.L.C.

Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall

Buffalo Environmental Law Journal

For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …


Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg 2011 University at Buffalo School of Law

Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg

Buffalo Environmental Law Journal

Hydrocarbons can be produced more efficiently ihen neighboring landowners work in cooperation, rather than in competition. Yet market failures often make it difficult for landovners and the well operators iwith whi om they contract to reach agreements for the cooperative development of hy drocarbon reservoirs. Therefore, some states have enacted forced pooling provisions, vhich allow states to compel cooperative development under certain criteria. While forced pooling is generally acceptable for traditional oil and gas resources, state legislatures and regulators should reassess their forced pooling provisions as they are applied to shale gas resources. Based on the unique characteristics of shale …


Global Law And The Environment, Robert V. Percival 2011 University of Washington School of Law

Global Law And The Environment, Robert V. Percival

Washington Law Review

This Article explores three areas in which globalization is profoundly affecting the development of a global environmental law. First, countries increasingly are borrowing law and regulatory innovations from one another to respond to common environmental problems. Although this is not an entirely new phenomenon, it is occurring at an unprecedented pace. Second, lawsuits seeking to hold companies liable for environmental harm they have caused outside their home countries are raising new questions concerning the appropriate venue for such transnational liability litigation and the standards courts should apply for enforcement of foreign judgments. Third, nongovernmental organizations are playing an increasingly important …


Beyond Absurdity: Climate Regulation And The Case For Restricting The Absurd Results Doctrine, Katherine Kirklin O'Brien 2011 University of Washington School of Law

Beyond Absurdity: Climate Regulation And The Case For Restricting The Absurd Results Doctrine, Katherine Kirklin O'Brien

Washington Law Review

The absurd results doctrine of statutory interpretation allows courts to depart from clear legislative text when a literal reading would be “absurd.” Traditionally, courts defined an absurd result as one that offends fundamental social values. Over time, however, courts have expanded the concept of legal absurdity to include outcomes that do not violate moral principles, but instead present regulatory burdens deemed too onerous to reflect congressional intent. In June 2010, the U.S. Environmental Protection Agency (EPA) invoked this expansive reading of the absurd results doctrine to support a regulation known as the “Tailoring Rule,” which the agency promulgated as part …


Protective Tool Or Legal Loophole - Examining The Legal Status Of Environmental Covenants In South Carolina, Kathryn M. Buckner 2011 University of South Carolina

Protective Tool Or Legal Loophole - Examining The Legal Status Of Environmental Covenants In South Carolina, Kathryn M. Buckner

Southeastern Environmental Law Journal

No abstract provided.


Table Of Contents, 2011 University of South Carolina

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


South Carolina's Energy Landscape, T. Hamilton Davis IV 2011 University of South Carolina

South Carolina's Energy Landscape, T. Hamilton Davis Iv

Southeastern Environmental Law Journal

No abstract provided.


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