Environmental Law Commons^™

Priceline For Pollution: Auctions To Allocate Public Pollution Control Dollars, Robert W. Adler

William & Mary Environmental Law and Policy Review

No abstract provided.

Electric Power In A Carbon Constrained World, Arnold W. Reitze Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Pc Pets For A Price: Combating Online And Traditional Wildlife Crime Through International Harmonization And Authoritative Policies, Jessica B. Izzo

William & Mary Environmental Law and Policy Review

No abstract provided.

Spectre, Llc V. Dhec And The Administrative Procedures Act, Sam Finklea

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Coal Ash Law And Regulation In The United States: An Overview, Steven T. Moon, Amanda B. Turner

Southeastern Environmental Law Journal

No abstract provided.

A Repulsive River Comes Back, Barry B. Boyer

Other Scholarship

No abstract provided.

Water Law In The Western United States, Susan Kelly

Publications

No abstract provided.

A Sea Of Change To Change The Sea: Stopping The Spread Of The Pacific Garbage Patch With Small-Scale Environmental Legislation, Jessica R. Coulter

William & Mary Law Review

No abstract provided.

Energy Efficiency Merits More Than A Nudge, Michael P. Vandenbergh, Thomas Dietz, Gerald T. Gardner, Jonathan Gilligan, Paul Stern

Vanderbilt Law School Faculty Publications

In their policy forum (Behavior and Energy Policy,” 5 March, p. 1204), H. Allcott and S. Mullainathan identify an important opportunity for reducing energy consumption inexpensively by applying behavioral science. Even larger opportunities can be realized, however, by combining behavioral interventions with other policy tools to address a wider range of behaviors.The field policy experiments cited by the authors use behavioral “nudges” to change home equipment use. The full potential of behavioral interventions comes from inducing people to adopt energy-efficient technology.

Climate Change Adaptation And The Structural Transformation Of Environmental Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to regulate sources of greenhouse gas emissions quickly snuffed out meaningful progress on the formulation of adaptation strategies designed to respond to the effects of climate change on humans and the environment. Only recently has this adaptation deficit become a concern now actively included in climate change policy debate. Previously treating talk of adaptation as taboo, the climate change policy world has …

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article focuses on a different but related fundamental policy design question: How should federal agencies implement existing statutory authorities to contribute to a coherent national climate change policy? One might ask why we should be concerned with how existing laws can be employed given reasonable expectations that the Obama Administration and Congress are poised to make gains on new federal initiatives. For several reasons, however, it is unlikely that even bold new federal legislation-a comprehensive carbon tax on all fossil fuel consumption or a cap-and-trade program broadly encompassing major emission sources-will obviate the need to solve the puzzle of …

New Mexico Environmental Flows Workshop Report And Synthesis, From The Environmental Flows Workshop At The University Of New Mexico School Of Law March 15, 2010, Utton Transboundary Resources Center, Unm, Adrian Oglesby

Publications

This report is a synthesis of the presentations and discussions featured at the Utton Transboundary Re-sources Center’s March 15, 2010 Environmental Flows Workshop at the University of New Mexico School of Law. Over 100 stakeholders, lawyers, scientists, and decision-makers gathered to develop a better understanding of how environmental flows are successfully implemented across the West and in New Mexico. They also began the process of evaluating the condition of New Mexico’s rivers and identifying opportunities to conserve and enhance their natural functions.

The goal of the Workshop was to inform a wide range of policy-makers, agency managers and stakeholders of …

Protecting New Mexico’S Waters: A Blueprint For The Future, Denise D. Fort

Faculty Scholarship

Aquatic species are imperiled by water diversions, introduced species, pollution and now climate change. In the western U.S., water law rewards the withdrawal and use of water, rather than leaving water instream for ecological, recreational and other purposes. New Mexico has no statutory protections for environmental flows and is increasing its diversions of water from rivers. This paper discusses the status of instream flows in the state and proposes policies to better protect the state’s waters.

Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig

Washington and Lee Journal of Energy, Climate, and the Environment

In January 2009, the EPA agreed to respond to the Center for Biological Diversity’s (CBD’s) petition requesting it to modify its marine pH water quality criteria to reflect ocean acidification. Ocean acidification, however, is a by-product of increasing concentrations of carbon dioxide in the atmosphere. Thus, climate change has come to the Clean Water Act—and in May 2009, the CBD filed suit in the U.S. District Court for the District of Washington to bring this point home. The question, of course, is what the Clean Water Act can actually contribute to efforts to deal with climate change. After reviewing the …

Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre

Washington and Lee Journal of Energy, Climate, and the Environment

Climate debate and policy proposals in the United States have yet to grasp the gravity and magnitude of the challenges posed by global warming. This paper develops three arguments to redress this situation. First, the spatial and temporal scale of the processes linking greenhouse gas (GHG) emissions to climate change is unprecedented in human experience, challenging our abilities to comprehend, let alone act. An adequate understanding of the scale of global warming leads to an unequivocal starting point for all discussions: we must leave as much fossil fuel in the ground as possible, for as long as possible. Second, a …

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Greening The Economy Sustainably, David L. Markell

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova

Washington and Lee Journal of Energy, Climate, and the Environment

I argue that an appropriately conceived and well-designed border climate adjustment scheme, as a policy mechanism potentially utilizable by many States party to the United Nations Framework Convention on Climate Change, may lead to desirable consequences for the development of comprehensive global greenhouse gas management in furtherance of the Framework Convention’s objectives. By creating the conditions for a healthy experimentalism and regulatory competition among the regulating bodies of diverse national markets, the use of origin-neutral border climate adjustment schemes, equivalent to the climate regulatory costs imposed on like domestic products as a condition of market access, may lead to a …

Arrival Then Denial: Interpreting §203(A) Of The Clean Air Act, Analyzing Evidentiary Challenges, & Assessing Conflicting Statutory Directives, Jesse Levine

Distinguished Student Research Papers

An “arrival then denial” occurs when uncertified engines arrive at a U.S. port, but are denied entry to the U.S. by Customs & Border Protection (Customs). Why does this matter? In most cases these uncertified engines are sent back to the country of origin. However, due to resource constraints, a sizeable number of uncertified engines slip past Customs and enter the U.S. each year. Uncertified engines, without proper controls, have been estimated to emit at least 30% more emissions than their certified counterparts. Such emissions exacerbate climate change, acid rain, and air quality generally. EPA attorneys assert that their best …