Carbon Outlasts The Law: States Walk The Constitutional Line,
2014
Suffolk University Law School
Carbon Outlasts The Law: States Walk The Constitutional Line, Steven Ferrey
Suffolk University Law School Faculty Works
State carbon policies to control climate warming and our energy future are under legal attack. A successful barrage of litigation now invokes the dormant Commerce Clause and the Federal Power Act as interpreted through the Filed Rate Doctrine, as well as the Supremacy Clause of the U.S. Constitution, to challenge the legal validity and sustainability of these state carbon-based laws. California and other states have survived these legal challenges sparingly, and then often only by prevailing with procedural defenses that dismiss the case before a decision on the legal merits of their state energy regulation. This Article examines and analyzes …
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013),
2014
University of Montana School of Law
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh
Public Land & Resources Law Review
As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.
Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife,
2014
University of Montana School of Law
Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell
Public Land & Resources Law Review
In Pyramid Lake Paiute Tribe of Indians v. Nevada, Dept. of Wildlife, the Court of Appeals for the Ninth Circuit upheld a Nevada federal district court decision to vacate the Nevada state engineer’s approval of the transfer of three water applications. While the appeals court recognized the state’s re-watering of wetlands as a “salutary” purpose, it could not allow the engineer’s decision to go forward because it did not meet the legal definition of “irrigation.” The Court made the decision pursuant to two federal court decrees, which resulted from prior actions by the United States to quiet title to …
Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions,
2014
University of Denver
Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk
Washington and Lee Journal of Energy, Climate, and the Environment
It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries following …
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law,
2014
Tilburg Law School
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Washington and Lee Journal of Energy, Climate, and the Environment
As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …
Table Of Contents,
2014
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Oil And Gas Law: From Habendum To Patent Law,
2014
University of Windsor Faculty of Law
Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael
Washington and Lee Journal of Energy, Climate, and the Environment
This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.
Masthead & Front Matter,
2014
Washington and Lee University School of Law
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development,
2014
Northeastern University
The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.
Washington and Lee Journal of Energy, Climate, and the Environment
One of the oldest doctrines of environmental law, the public trust doctrine, is sufficiently ambiguous that it risks threatening widespread adoptions of alternative energy sources such as wind energy. Because of this, the public trust doctrine threatens the protection of the environment in the name of protection of the environment. Yet, the public trust doctrine and future energy policy should be complementary and not exclusionary of each other. In light of this, whether an agency has public trust authority should be determined based on six factors: the legal authority of state fiduciaries; due diligence by state fiduciaries in determining if …
Law And Governance Of The Great Lakes,
2014
Wayne State University
Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston
Law Faculty Research Publications
No abstract provided.
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia,
2014
Jackson Kelly PLLC
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
West Virginia Law Review
No abstract provided.
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding,
2014
Robinson & McElwee PLLC
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
West Virginia Law Review
No abstract provided.
Feed-In Tarrifs In Turmoil,
2014
University of Utah College of Law
Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen
West Virginia Law Review
No abstract provided.
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era,
2014
Jackson Kelly PLLC
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks
West Virginia Law Review
No abstract provided.
Spring 2014 Utton Center Newsletter,
2014
University of New Mexico
Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals,
2014
Dinsmore & Shohl LLP
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks
West Virginia Law Review
No abstract provided.
Geology, The Marcellus Shale, Experts, And Dispute Resolution,
2014
Hebrew University of Jerusalem
Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld
West Virginia Law Review
No abstract provided.
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania,
2014
West Virginia University College of Law
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
West Virginia Law Review
No abstract provided.
Common Resource Or Private Right: Contested Claims
To Seaweed In 19th Century Prince Edward Island,
2014
St. Thomas University
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Dalhousie Law Journal
In the nineteenth century, before farmers could purchase inexpensive chemical fertilizers, farmers on Prince Edward Island looked to the sea and the shore for nutrients to add to their soils. When disputes over who had the right to gather seaweed led to litigation, judges ruled that the owners of property fronting on the shore had the exclusive right to seaweed cast up on the shore, both above and belot, the high water mark. These rulings did little to dispel the popular perception that seaweed, a gift of nature, was a common resource that belonged to the people who collected it. …
The Pitfalls Of The Pittman-Robertson Act: Threats To An American Wildlife Act That Ensnare Hunters And Hikers Alike,
2014
Benjamin N. Cardozo School of Law
The Pitfalls Of The Pittman-Robertson Act: Threats To An American Wildlife Act That Ensnare Hunters And Hikers Alike, Greg Huffaker
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
