Environmental Law Commons^™

Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, J.B. Ruhl, James Salzman

Vanderbilt Law Review

In 1988, candidate George H. W. Bush was in a tight race for the presidency, behind in the polls to the Democratic challenger, Michael Dukakis. Stung by the D+ grade given by the League of Conservation Voters, Bush was searching for a way to claw back some of the environmental vote.' He saw an opening in wetlands. Perceived as worthless swamps and wasted development opportunities for most of our nation's history, conversion of wetlands for agricultural and urban land uses has resulted in a staggering loss of resources. Beginning in the 1970s, however, views started to change, with growing recognition …

The Federalism Of Climex Lectularius: What Bed-Bugs Tell Us About Fifra Preemption In Pesticide Applicator Cases, David Beugelmans

The Appendix, Journal of Health Care Law & Policy

No abstract provided.

Buyer Beware: An Exploration Of Health Risks And Legal Policies In Favor Of A Labeling Requirement For Genetically Modified Organisms, Rebecca Jesada

The Appendix, Journal of Health Care Law & Policy

No abstract provided.

Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn

Florida A & M University Law Review

No abstract provided.

Seeds Of Compromise: A Proposal And Justification For The Partial Deregulation Of Genetically Modified Alfalfa And Sugar Beets, Whitney J. Waters

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Local Energy, Hannah J. Wiseman, Garrick B. Pursley

Scholarly Publications

At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable energy farms is central to a transition away from fossil fuels, but distributed renewable energy technologies—wind turbines in backyards and solar panels on roofs—are immediately essential as well. Widespread deployment of distributed renewable technologies requires rapid innovation led by renewable energy pioneers—individuals who act as market leaders and prove to their neighbors that these new energy devices are safe and worthy of use. Existing law and the very structure of governmental authority over energy is ill-suited to this …

Offshore Wind Energy Development In Michigan’S Great Lakes: Current Law And Proposed Legislation, Katherine Brady-Medley, Nick Schroeck

Law Faculty Research Publications

Michigan has over 38,000 square miles of state owned Great Lakes bottomlands. However, due to current limits with wind turbine technology, wind farms are restricted to areas on the Great Lakes where the water is less than 30 meters deep. For wind energy to be practicable, wind farms must be close to existing transmission facilities, so that energy generated from the turbines can be distributed to consumers. Construction of a wind energy facility requires heavy machinery and a wind farm site needs a transmission station nearby and underground lines for transmission of power.

For terrestrial wind farms, a developer typically …

New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson

Faculty Scholarship

Congress established the reclamation program in 1902, and the hundreds of federal water projects built in the 20th century helped shape the West. Today, the Bureau of Reclamation plays an enormously important role in managing these projects. But with no big new dams to build, the Bureau has been forced to revise its mission to address todays water management challenges, such as stretching finite water supplies and restoring aquatic ecosystems. Through both site-specific enactments and programmatic statutes, Congress in recent years has given the Bureau new authority and direction to address these modern challenges. But Congress has left a significant …

Public On Paper: The Failure Of Law To Protect Public Water Uses In The Western United States, Reed D. Benson

Faculty Scholarship

Water conflicts in the western United States increasingly arise from competition between traditional economic uses (especially irrigation, municipal supply and hydropower) and public uses (especially environmental protection and water-based recreation). Western United States water law, based on the prior appropriation doctrine, has always promoted maximizing ‘beneficial use’ of the resource and has effectively protected water allocations for traditional purposes. Public water uses also enjoy some legal protection, but it exists mostly on paper; in practice, neither statutory public interest provisions nor the non-statutory public trust doctrine has been widely effective. This paper identifies the relevant legal principles and briefly explains …

Aspen Leaf After A Rainstorm, Basalt, Colorado, Alan Fong

UC Law Environmental Journal

No abstract provided.

Deferring To The Assertion Of National Security: The Creation Of A National Security Exemption Under The National Environmental Policy Act Of 1969, Emily Donovan

UC Law Environmental Journal

No abstract provided.

Glacial Creation, Prince William Sound, Alaska, Erin Sedloff

UC Law Environmental Journal

No abstract provided.

Political Cases Or Political Questions: The Justiciability Of Public Nuisance Climate Change Litigation And The Impact On Native Village Of Kivalina V. Exxonmobil, Ashley E. Breakfield

UC Law Environmental Journal

No abstract provided.

Why California Failed To Meet Its Rps Target, Deborah Behles

UC Law Environmental Journal

No abstract provided.

Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey

Faculty Scholarship

No abstract provided.

The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner

Indiana Journal of Global Legal Studies

As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …

Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales

Washington International Law Journal

The Environment Protection and Biodiversity Conservation Act 1999 (“EPBCA” or “the Act”) is the Australian government's keystone piece of environmental legislation. The EPBCA provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities, and heritage places—defined in the Act as matters of National Environmental Significance (“NES”). The Act comes into play when a proposed action has the potential to have a significant impact on a matter of national environmental significance. Although it has played a vital role in protecting Australia’s environment, the EPBCA does not explicitly address the cumulative impact of multiple actions on …

How Much Should China Pollute?, John Copeland Nagle

Journal Articles

The debate concerning how much China should pollute is at the heart of international negotiations regarding climate change and environmental protection more generally. China is the world’s leading polluter and leading emitter of greenhouse gases. It insists that it has a right to emit as much as it wants in the future. China interprets the principle of “common but differentiated responsibilities” to mean that China has a responsibility to help avoid the harmful consequences associated with climate change, but that its responsibility is different from that imposed on the United States and the rest of the developed world. In fact, …

Dream Of Californication: Constitutional Questions Put The Brakes On The Nation's First Low Carbon Fuel Standard, Morgan Brubaker

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Letting A Hundred Transgenic Flowers Blossom: The Future Of Genetically Modified Agriculture In The People's Republic Of China, Michael Debona

Villanova Environmental Law Journal (1991 - )

No abstract provided.