Using The Clean Water Act To Protect Our Ocean's Biodiversity,
2010
American University Washington College of Law
Using The Clean Water Act To Protect Our Ocean's Biodiversity, Kate Halloran
Sustainable Development Law & Policy
No abstract provided.
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas,
2010
Columbia Law School
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Sabin Center for Climate Change Law
The State of Colorado's recently-enacted Clean Air-Clean Jobs Act (CACJA) requires utilities to create plans that reduce NOx emissions by 70% at a specified portion of their coal-fired electricity generation facilities by the end of 2017. It allows utilities to use many different methods to achieve those reductions, but encourages and incentivizes the replacement of coal-based generation with natural gas. Utilities must seek approval for their plans from state agencies and must work closely with those agencies in designing the plans. This paper discusses the legal, political, and economic context for CACJA, and highlights the bill's advantages and disadvantages as …
"It's Not Easy Being Green": Local Initiatives, Preemption Problems, And The Market Participant Exception,
2010
Columbia Law School, Sabin Center for Climate Change Law
"It's Not Easy Being Green": Local Initiatives, Preemption Problems, And The Market Participant Exception, Michael Burger
Sabin Center for Climate Change Law
This Article considers whether the market participant exception should be interpreted to exempt local climate change and sustainability initiatives from the "ceilings" imposed by existing environmental laws and pending federal climate change legislation. In the decades-long absence of federal action on climate change, local governments – along with the states – positioned themselves at the forefront of climate change and sustainability planning. In fact, state and local actions account for most of the nation's greenhouse gas reduction efforts to date. Yet, front-running localities are being limited by a preemption doctrine that fails to account for both the motives behind their …
Epa's Impending Greenhouse Gas Regulations: Digging Through The Morass Of Litigation,
2010
Columbia Law School, Sabin Center for Climate Change Law
Epa's Impending Greenhouse Gas Regulations: Digging Through The Morass Of Litigation, Gregory E. Wannier
Sabin Center for Climate Change Law
As the U.S. Congress has failed to pass meaningful climate legislation, the EPA has initiated a series of regulations under the Clean Air Act designed to recognize greenhouse gases as endangering human health and welfare, and set greenhouse gas emission standards for vehicle fleets and for major stationary sources. Unsurprisingly these efforts have been challenged in the DC Circuit Court of Appeals. This paper discusses both the substantive and procedural issues surrounding the cases, all of which merit attention: in the absence of viable climate legislation these decisions will have important bearing on the extent to which the United States …
An Environmental Competition Statute,
2010
Syracuse University. College of Law
An Environmental Competition Statute, David M. Driesen
San Diego Journal of Climate & Energy Law
The next generation of environmental law should use economic incentives to creatively stimulate innovation in environmental technology. This Article proposes an environmental competition statute as a means of stimulating movement toward a more sustainable future. Such a statute would authorize those who achieve low emissions to collect the cost of achieving low emissions plus a premium from competitors with higher emissions.
This Article briefly explains the value of using this mechanism. It then canvasses the problems with the first and second generation of environmental law that an environmental competition statute can help us overcome. A detailed description of an environmental …
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal,
2010
University of New Mexico
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism,
2010
Lewis & Clark Law School
Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs
Animal Law Review
Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases,
2010
University of Colorado Law School
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
University of Colorado Law Review
Neither the National Environmental Policy Act ("NEPA') nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an evergrowing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements ("EISs'). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
The Market For Treaties,
2010
Allard School of Law at the University of British Columbia
The Market For Treaties, Natasha Affolder
All Faculty Publications
Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, …
Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers,
2010
Duke Law
Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey
Duke Environmental Law & Policy Forum
No abstract provided.
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases,
2010
University of Florida Levin College of Law
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
UF Law Faculty Publications
Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act,
2010
University of Florida Levin College of Law
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
UF Law Faculty Publications
Part I of this article provides a brief background to fish stocking practices in the United States, including a discussion of beneficial fish stocking practices, as well as some of the allegations surrounding the detrimental effects. Part II of this article provides some necessary background on section 9 of the ESA, the “actual injury” prong, the “significant impairment” prong, and their application to fish stocking. Part III of this article sets forth recommendations for future clarification and increased consistency on these issues. Specifically, this article supports the use of two rules that can help reconcile the uncertain landscape surrounding a …
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio,
2010
Cleveland State University
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab
Cleveland State Law Review
This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.
Canaries In The Coal Mine: The Tactical Use Of The National Labor Relations Act To Aid In The Protection Of Non-Union Workers Exposed To Pollutants,
2010
Saint Louis University School of Law
Canaries In The Coal Mine: The Tactical Use Of The National Labor Relations Act To Aid In The Protection Of Non-Union Workers Exposed To Pollutants, Michael C. Duff
All Faculty Scholarship
Canaries were used in times past to alert miners to the presence of dangerous gases in a mine. A canary would die, and the miners would thereby become aware of deadly, but sometimes odorless, gases. Just as canaries have alerted miners to the presence of dangerous gases in mines, workers exposed to dangerous pollutants and conditions in workplaces may function as societal canaries warning the broader public of environmental dangers; but hopefully without having to die in the process. To perform this role, the workers must live to work (and protest) another day. Section 7 of the National Labor Relations …
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance,
2010
Indiana University Maurer School of Law
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
Articles by Maurer Faculty
Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …
Adaptive Management In The Courts,
2010
Indiana University Maurer School of Law
Adaptive Management In The Courts, Robert L. Fischman, J. B. Ruhl
Articles by Maurer Faculty
Adaptive management has become the tonic of natural resources policy. With its core idea of “learning while doing,” adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending “adaptive” in front of “management” somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …
Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight,
2010
Indiana University Maurer School of Law
Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. Mclaughlin
Articles by Maurer Faculty
This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a conservation easement that had been conveyed to the County as a tax-deductible charitable gift. The County's actions were challenged, first in a suit brought by a resident of the County, Hicks v. Dowd, and then in a suit brought by the Wyoming Attorney General, Salzburg v. Dowd. The over six years of litigation associated with the easement's attempted termination has been the …
Looking Back To Move Forward: Revisiting The Btu In Evaluating Current Policy Alternatives,
2010
University of San Diego
Looking Back To Move Forward: Revisiting The Btu In Evaluating Current Policy Alternatives, Walter Wang
San Diego Journal of Climate & Energy Law
To evaluate the current policy alternatives, it is necessary to take a step back and revisit the Btu tax proposed by the Clinton Administration. Although seventeen years have passed since the Btu tax was proposed, and the U.S. is at war in theaters that are much different from those in which it was involved during the Clinton Administration, the landscape of the climate change debate has not changed dramatically. The lessons learned from the policies espoused by the Btu tax proposal may be critical in determining how to best approach climate change legislation today.
Resistance, “Revolution,” And Reassessment 1981 - 1997,
2010
California Western School of Law
Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore
Faculty Scholarship
No abstract provided.
Preemption In Green Marketing: The Case For Uniform Federal Marketing Definitions,
2010
Indiana University Maurer School of Law
Preemption In Green Marketing: The Case For Uniform Federal Marketing Definitions, Robert B. White
Indiana Law Journal
No abstract provided.
