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 …
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits,
2010
University of Colorado Law School
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
University of Colorado Law Review
Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …
The Power To End War: The Extent And Limits Of Congressional Power.,
2010
St. Mary's University
The Power To End War: The Extent And Limits Of Congressional Power., Adam Heder
St. Mary's Law Journal
Congress has several options in limiting the execution of war, however, Congress has no implied constitutional authority to terminate a war. Congress may limit the scope at the outset of the war, dissolve the army, or use its appropriation power. Congress may also impeach the President. Domestic statutes, the Court’s strong protection of essential liberties, and the democratic process further check the President’s power. Short of these, however, neither the Constitution nor subsequent case law gives Congress any definitive power to end or effectively limit the President’s ability to conduct a war. Congress gets its “bite at the apple” at …
Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students.,
2010
St. Mary's University
Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students., Joseph O. Oluwole
St. Mary's Law Journal
Safford Unified Sch. Dist. No. 1 v. Redding (Redding III) represents a pivotal decision in school search and seizure jurisprudence, specifically regarding strip searches of students. Redding III establishes constraints specific to strip searches on the search and seizure authority of school officials. Redding III is intended to provide a uniform test for the judiciary and school officials when evaluating the reasonableness of strip searches of students. The Court explicitly interposed a “reliable knowledge” element requiring: (1) the degree to which known facts imply prohibited conduct; (2) the specificity of the information received; and (3) the reliability of its source. …
Winter Surf, 2007,
2010
UC Law SF
Volume 9 Issue 4
Journal Du Droit Et Politique Du Développement Durable (French Edition),
2010
American University Washington College of Law
Volume 9 Issue 4 Journal Du Droit Et Politique Du Développement Durable (French Edition), Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Exceptionalism United?: Unpacking Unfccc Article 7.2 ©,
2010
American University Washington College of Law
Exceptionalism United?: Unpacking Unfccc Article 7.2 ©, Niranjali M. Amerasinghe
Sustainable Development Law & Policy
No abstract provided.
Fsm Vs. Czech: A New “Standing” For Climate Change?,
2010
American University Washington College of Law
Fsm Vs. Czech: A New “Standing” For Climate Change?, Paulo A. Lopes
Sustainable Development Law & Policy
No abstract provided.
Industry Cries Foul To Epa’S Attempt To Regulate Ghg Emissions Using The Clean Air Act,
2010
American University Washington College of Law
Industry Cries Foul To Epa’S Attempt To Regulate Ghg Emissions Using The Clean Air Act, William J. Walsh, Mark A. Erman
Sustainable Development Law & Policy
No abstract provided.
Legal Foundations For Ngo Participation In Climate Treaty Negotiations ,
2010
American University Washington College of Law
Legal Foundations For Ngo Participation In Climate Treaty Negotiations , Winfield Wilson
Sustainable Development Law & Policy
No abstract provided.
Book Review: Storms Of My Grandchildren: The Truth About The Coming Climate Catastrophe And Our Last Chance To Save Humanity,
2010
American University Washington College of Law
Book Review: Storms Of My Grandchildren: The Truth About The Coming Climate Catastrophe And Our Last Chance To Save Humanity, Lauren Trevisan
Sustainable Development Law & Policy
No abstract provided.
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.
Critique Of U.S. House Bill 2454 On Climate Change,
2010
University of Colorado Law School
Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner
Publications
The U.S. House of Representatives, in June 2009, approved a bill to create a cap and trade system and a system of regulations and subsidies to address the problems of climate change. The U.S. Senate is now considering remedies for climate change. The approach of House Bill 2454 is ill-advised, and should be rejected by the Senate, because of the problems outlined below. I propose that these problems that would not be presented by a carbon tax, a simpler and more effective remedy for the risk of climate change.
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.
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.
