Wind Power Growing Pains,
2015
University of Denver
Wind Power Growing Pains, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The United States loves wind power. Since 2004 alone, U.S. wind capacity has multiplied almost ten times — from about 6.7 gigawatts in 2004 to over 65.9 gigawatts by 2014. This growth in generation potential has been accompanied by a growth in the size of the turbines that deliver that power — from approximately 56 feet in the 1980s to over 300 feet in 2015. As the turbines and meterological or met towers push up into non-surface atmospheric weather layers and navigable airspace over 200 feet, new wake efficiency and competing legal concerns arise.
Parallels In Public And Private Environmental Governance,
2015
The Wharton School, University of Pennsylvania
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Michigan Journal of Environmental & Administrative Law
Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a descriptive …
The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions,
2015
University of Michigan Law School
The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith
Michigan Journal of Environmental & Administrative Law
In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in large part to technological …
Uncloaking The Secrecy Behind Large-Scale Land Deals,
2015
Columbia Law School, Columbia Center on Sustainable Development
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.
Public Trust Doctrine Implications Of Electricity Production,
2015
University of Delaware
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff,
2015
Roger Williams University
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography
School of Law Conferences, Lectures & Events
No abstract provided.
Revising International Law: A Liberal Account Of Natural Resources,
2015
University of San Diego
Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón
San Diego Law Review
In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group’s claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015),
2015
University of Montana - Missoula
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015),
2015
Alexander Blewett III School of Law at the University of Montana
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …
Recent Case Decisions,
2015
University of Oklahoma College of Law
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2015
University of Oklahoma College of Law
Editor's Introduction, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-68 (Enviro Clean Facility)
Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-498 (Geitgey Donald #3 Well)
Measuring Brief (Moon Moo Farm, Inc.),
2015
Wayne State University Law School
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Riverwatcher, Inc. & Dean James),
2015
S.J. Quinney School of Law
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (United States),
2015
Yale Law School
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Pace Environmental Law Review Online Companion
No abstract provided.
2015 Bench Memorandum,
2015
Pace University
2015 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2015 National Environmental Law Moot Court Competition Problem,
2015
Pace University
2015 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation,
2015
Case Western Reserve University School of Law
Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act,
2015
University of Georgia School of Law
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Georgia Journal of International & Comparative Law
No abstract provided.
