This report from the IUCN and the NRDC states taht "Human activity is expanding in the Arctic marine environment, in part due to warming ocean temperatures and the dramatic loss of summer sea ice. New and expanding human uses include fishing, shipping and offshore oil and gas development. All have the potential to place major additional stress on ocean ecosystems which are already undergoing profound change related to warming, sea ice loss, and alterations in ocean chemistry.
Because activities conducted in one nation's waters can affect other parts of the region, effective management of some human uses in the Arctic marine environment will require international cooperation. The United Nations Convention on the Law of the Sea, in conjunction with other international agreements and national laws and regulations, provides a general legal foundation.
However, new rules may be necessary to protect the Arctic marine environment. Examples of possible areas of international cooperation include: development of new standards for Arctic marine shipping, regulation of new or expanding Arctic fisheries, rules to protect the environment in the course of natural resource development, stricter regulation of Arctic tourism, mechanisms to assess and manage the cumulative impacts of multiple activities affecting the same ecosystems, and procedures for the establishment of representative networks of protected marine areas..."
Thursday, April 28, 2011
Reclamation: Managing Water in the West -- DOI
The report, produced by the U.S. Department of the Interior Policy and Administration, Denver, Colorado office, (dated April 2011) responds to requirements under the SECURE Water Act of 2009, and shows several increased risks to western United States water resources during the 21st century due to climate change.
"Specific projections include:
• a temperature increase of 5-7 degrees Fahrenheit;
• a precipitation increase over the northwestern and north-central portions of the western United States and a decrease over the southwestern and south-central areas;
• a decrease for almost all of the April 1st snowpack, a standard benchmark measurement used to project river basin runoff; and
• an 8 to 20 percent decrease in average annual stream flow in several river basins, including the Colorado, the Rio Grande, and the San Joaquin."
"Specific projections include:
• a temperature increase of 5-7 degrees Fahrenheit;
• a precipitation increase over the northwestern and north-central portions of the western United States and a decrease over the southwestern and south-central areas;
• a decrease for almost all of the April 1st snowpack, a standard benchmark measurement used to project river basin runoff; and
• an 8 to 20 percent decrease in average annual stream flow in several river basins, including the Colorado, the Rio Grande, and the San Joaquin."
Clean Water: Foundation of Healthy Communities and a Healthy Environment -- U.S. President
This report from the White House, dated April 27, 2011, states that the nation's water resources would benefit from promoting partnerships to conserve water, notes steps necessary to ensure water quality, invest in communities restoring important waterbodies, make more efficient use of water resources, enhance the use and enjoyment of our waters, investigate updating the Nation’s water policies and regulations, and make better use of science to solve water problems.
"Further the purpose of this document is to highlight important, ongoing initiatives at the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE), the U.S. Department of Agriculture (USDA), and the Department of the Interior (DOI), together with their other Federal partners, to protect our vital water resources."
"Further the purpose of this document is to highlight important, ongoing initiatives at the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE), the U.S. Department of Agriculture (USDA), and the Department of the Interior (DOI), together with their other Federal partners, to protect our vital water resources."
Annual Energy Outlook - 2011 EIA
The Annual Energy Outlook from the Energy Information Administration finds that
*Imports meet a major but declining share of total U.S. energy demand.
*Domestic shale gas resources support increased natural gas production with moderate prices.
*Despite rapid growth in generation from natural gas and nonhydropower renewable energy sources, coal continues to account for the largest share of electricity generation.
*Proposed environmental regulations could alter the power generation fuel mix.
*Assuming no changes in policy related to greenhouse gas emissions, carbon dioxide emissions grow slowly and do not return to 2005 levels until 2027.
"the projections in the Energy Information Administration's (EIA) Annual Energy Outlook 2011 (AEO2011) focus on the factors that shape the U.S. energy system over the long term. Under the assumption that current laws and regulations remain unchanged throughout the projections, the AEO2011 Reference case provides the basis for examination and discussion of energy production, consumption, technology, and market trends and the direction they may take in the future. It also serves as a starting point for analysis of potential changes in energy policies." (from the summary).
*Imports meet a major but declining share of total U.S. energy demand.
*Domestic shale gas resources support increased natural gas production with moderate prices.
*Despite rapid growth in generation from natural gas and nonhydropower renewable energy sources, coal continues to account for the largest share of electricity generation.
*Proposed environmental regulations could alter the power generation fuel mix.
*Assuming no changes in policy related to greenhouse gas emissions, carbon dioxide emissions grow slowly and do not return to 2005 levels until 2027.
"the projections in the Energy Information Administration's (EIA) Annual Energy Outlook 2011 (AEO2011) focus on the factors that shape the U.S. energy system over the long term. Under the assumption that current laws and regulations remain unchanged throughout the projections, the AEO2011 Reference case provides the basis for examination and discussion of energy production, consumption, technology, and market trends and the direction they may take in the future. It also serves as a starting point for analysis of potential changes in energy policies." (from the summary).
Tuesday, April 26, 2011
Energy-Water Nexus: Amount of Energy Needed to Supply, Use, and Treat Water Is Location-Specific... GAO
This Government Accountability Office report (GAO-11-225), dated March 23, 2011, finds (from the Summary) "Comprehensive data about the energy needed for each stage of the urban water lifecycle are limited. In particular, few nationwide studies have been conducted on the amount of energy used to provide drinking water and wastewater services, and these studies do not consider all stages of the lifecycle in their analysis.
Specialists GAO spoke with emphasized that the energy demands of the urban water lifecycle vary by location. Considering location-specific and other key factors is necessary to assess energy needs. The specialists mentioned such factors as the topography of the area over which water is conveyed, the level and type of treatment provided, and the quality of the source water.
A variety of technologies and approaches can improve the energy efficiency of drinking water and wastewater processes, but barriers exist to their adoption. Installing more efficient equipment, adopting water conservation measures, and upgrading infrastructure are among some of the approaches that can decrease energy use, according to specialists GAO spoke with and studies GAO reviewed. For example, technologies to identify potential pipeline leaks throughout water systems can reduce water loss and the energy required to pump and treat that "lost" water. However, according to specialists, adoption of technologies and approaches to improve energy efficiency may be hindered by the costs of retrofitting plants with more energy-efficient equipment and competing priorities at treatment facilities, among other barriers.
Specialists GAO spoke with emphasized that the energy demands of the urban water lifecycle vary by location. Considering location-specific and other key factors is necessary to assess energy needs. The specialists mentioned such factors as the topography of the area over which water is conveyed, the level and type of treatment provided, and the quality of the source water.
A variety of technologies and approaches can improve the energy efficiency of drinking water and wastewater processes, but barriers exist to their adoption. Installing more efficient equipment, adopting water conservation measures, and upgrading infrastructure are among some of the approaches that can decrease energy use, according to specialists GAO spoke with and studies GAO reviewed. For example, technologies to identify potential pipeline leaks throughout water systems can reduce water loss and the energy required to pump and treat that "lost" water. However, according to specialists, adoption of technologies and approaches to improve energy efficiency may be hindered by the costs of retrofitting plants with more energy-efficient equipment and competing priorities at treatment facilities, among other barriers.
Monday, April 25, 2011
Federal Oil and Gas: Interagency Committee Needs to Better Coordinate Research on Oil Pollution Prevention and Response -- GAO
This Government Accountability Office report (GAO-11-319), dated March 25, 2011, finds that "Congress passed the Oil Pollution Act in 1990 (OPA). Among other things, OPA established the Interagency Coordinating Committee on Oil Pollution Research (interagency committee) to coordinate an oil pollution research program among federal agencies, including developing a plan, having the National Academy of Sciences review that plan, and reporting to Congress on the interagency committee's efforts biennially. The 2010 Deepwater Horizon explosion and fire led to the largest oil spill in U.S. history, raising new concerns about the effects of oil spills." The GAO recommends that "In order to better identify oil pollution risks, determine research priorities, and coordinate research efforts, the Commandant of the U.S. Coast Guard should direct the chair of the interagency committee to evaluate the contributions of past research to current knowledge on oil pollution prevention and response and report the results of these evaluations, including remaining gaps in knowledge, in its biennial reports to Congress."
Canada is the most significant source for U.S. energy imports -- EIA
This report from the Energy Information Administration finds that Canada has been a significant component of the global energy trade due to its proximity to and trade with the largest energy consumer in the world, the United States. Canada maintains a surplus in all sellable energy commodities, exporting crude oil, natural gas, coal and electricity. The country is the most significant source for U.S. energy imports. The United States has traditionally provided the markets for Canada's energy exports. However, Asian countries are seeking greater access to Canada's natural resources to fuel Asia's own long-term economic growth.
Energy-Water Nexus: Amount of Energy Needed to Supply, Use, and Treat Water Is Location-Specific and Can Be Reduced by Certain Technologies... - GAO
This Government Accountability Office report (GAO-11-225), dated March 2011, finds that comprehensive data about the energy needed for each stage of the urban
water lifecycle are limited.
Specialists GAO spoke with emphasized that the energy demands of the urban water lifecycle vary by location. Considering location-specific and other key factors is necessary to assess energy needs.
A variety of technologies and approaches can improve the energy efficiency of
drinking water and wastewater processes, but barriers exist to their adoption.
Installing more efficient equipment, adopting water conservation measures, and upgrading infrastructure are among some of the approaches that can decrease energy use, according to specialists GAO spoke with and studies
GAO reviewed technologies to identify potential pipeline leaks throughout water systems can reduce water loss and the energy required to pump and treat that “lost” water. However, according to specialists, adoption of technologies and approaches to improve energy efficiency may be hindered by the costs of retrofitting plants with more energy-efficient equipment and competing priorities at treatment facilities, among other barriers.
water lifecycle are limited.
Specialists GAO spoke with emphasized that the energy demands of the urban water lifecycle vary by location. Considering location-specific and other key factors is necessary to assess energy needs.
A variety of technologies and approaches can improve the energy efficiency of
drinking water and wastewater processes, but barriers exist to their adoption.
Installing more efficient equipment, adopting water conservation measures, and upgrading infrastructure are among some of the approaches that can decrease energy use, according to specialists GAO spoke with and studies
GAO reviewed technologies to identify potential pipeline leaks throughout water systems can reduce water loss and the energy required to pump and treat that “lost” water. However, according to specialists, adoption of technologies and approaches to improve energy efficiency may be hindered by the costs of retrofitting plants with more energy-efficient equipment and competing priorities at treatment facilities, among other barriers.
Framework for Early Restoration Addressing Injuries Resulting from the Deeepwater Horizon Oil Spill -- NOAA
From the press release by NOAA "Under an unprecedented agreement announced today by the Natural Resource Trustees for the Deepwater Horizon oil spill (Trustees), BP has agreed to provide $1 billion toward early restoration projects in the Gulf of Mexico to address injuries to natural resources caused by the spill. The Trustees involved are: Alabama, Florida, Louisiana, Mississippi, Texas, the Department of the Interior (DOI), and the National Oceanic and Atmospheric Administration (NOAA). The Department of Justice provided assistance in reaching the agreement. This early restoration agreement, the largest of its kind ever reached, represents a first step toward fulfilling BP’s obligation to fund the complete restoration of injured public resources, including the loss of use of those resources by the people living, working and visiting the area. The Trustees will use the money to fund projects such as the rebuilding of coastal marshes, replenishment of damaged beaches, conservation of sensitive areas for ocean habitat for injured wildlife, and restoration of barrier islands and wetlands that provide natural protection from storms."
BP's Complaints Against Transocean Over Gulf Oil Spill
Here are BP's pleading in the case styled "In re: Oil Spill by the Oil Rig “ Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010". BP PARTIES’ COUNTER-COMPLAINT, CROSS-COMPLAINT AND THIRD PARTYCOMPLAINT AGAINST TRANSOCEAN AND CLAIM IN LIMITATION
Energy Conservation Modeling for Weatherization -- DOE Webinar
The U.S. Department of Energy (DOE) Technical Assistance Program (TAP) for state and local officials will present a webinar next Wednesday about how to calculate energy savings for weatherization projects in multifamily buildings. At the webinar, you will hear about how to interpret energy calculations based on models used in savings calculations for commercial buildings. Ed Pierce, a researcher at the DOE Oak Ridge National Laboratory, will present these findings.
The presentation will take place April 27, from 3:00 to 4:15 p.m. Eastern Daylight Time, and is titled Energy Conservation Modeling for Weatherization.
The presentation will take place April 27, from 3:00 to 4:15 p.m. Eastern Daylight Time, and is titled Energy Conservation Modeling for Weatherization.
More Extreme Weather and the U.S. Energy Infrastructure -- NWF
This report from the National Wildlife Federation, dated 2011, argues that The U.S. energy infrastructure is vulnerable to disruption from the more frequent and extreme weather brought on by climate change. To minimize such disruptions the U.S. should increase energy efficiency and decentralize energy production.
Thursday, April 21, 2011
PEN-e name a LexisNexis Top 50 Environmental Law & Climate Change Community Blogs for 2011
From the LexisNexis announcement: "The Top 50 Blogs for the Environmental Law & Climate Change Community recognizes preeminent thought leaders in the blogosphere and creates an invaluable content aggregate for all segments of the environmental law and climate change practice. Most good blogs provide frequent posts on timely topics, but the authors in this year’s collective take their blogs to a different level by providing insightful commentary that demonstrates how blogs can—and do—impact the practice of environmental and climate change law."
Wednesday, April 13, 2011
Recent Law Review Articles -- April 2011
ADMINISTRATIVE LAW.
Criddle, Evan J. Mending holes in the rule of (administrative) law. 104 Nw. U. L. Rev. 1271-1280 (2010).
Krohn, David R. Pekarek. Cooper Technologies Co. v. Dudas: laying the foundation for minimal deference. (Cooper Technologies Co. v. Dudas, 536 F.3d 1330, 2008.) 104 Nw. U. L. Rev. 1213-1251 (2010).
Pojanowski, Jeffrey A. Reason and reasonableness in review of agency decisions. 104 Nw. U. L. Rev. 799-852 (2010).
Weldon, Ryan G. and Michael E. Patterson. Maintaining the Ninth Circuit’s clarified arbitrary and capricious standard of review for agency science after Lands Council v. McNair. 31 Pub. Land & Resources L. Rev. 55-124 (2010).
AGRICULTURE.
Hazen, Tyler E. The effects of Brazilian agricultural property policies and international pressures on the soybean industry: incentives for Amazon deforestation and how it may be reduced. 2 San Diego J. Climate & Energy L. 223-247 (2010).
Maguire, Annise. Shifting the paradigm: broadening our understanding of agriculture and its impact on climate change. 33 Environs 275-316 (2010).
Ross, Carrie. In the hot house: will Canada’s WTO challenge slaughter U.S. COOL regulations? 36 Brook. J. Int’l L. 299-336 (2010).
ANIMAL LAW.
Carnelley, Marita. Betting on dog racing. The next legalised gambling opportunity in South Africa? A cautionary note from the regulation of greyhound racing in Britain. 1 UNLV Gaming L.J. 73-98 (2010).
Sheketoff, Julia Fong. State innovations in noncapital proportionality doctrine. 85 N.Y.U. L. Rev. 2209-2240 (2010).
ARCHITECTURE.
Glesby, Lauren E. Fitting the bill: proposed regulatory and non-regulatory approaches to advancing green building technologies. 21 Fordham Envtl. L. Rev. 637-671 (2010).
BANKRUPTCY.
Frank, Robert P. Liability without end? The discharge of CERCLA liability in bankruptcy after Atlantic Research. 21 Fordham Envtl. L. Rev. 559-573 (2010).
CHINA.
Eisen, Joel B. China’s renewable energy law: a platform for green leadership? 35 Wm. & Mary Envtl. L. & Pol’y Rev. 1-52 (2010).
Washburn, Valerie Jaffee. Regular takings or regulatory takings?: land expropriation in rural China. 20 Pac. Rim L. & Pol’y J. 71-124 (2011).
Yan, Xu. Green taxation in China: a possible consolidated fuel tax to promote clean air? 21 Fordham Envtl. L. Rev. 295-343 (2010).
CLEAN AIR ACT.
McLaughlin, Patrick A. Ignoring implementation costs of the Clean Air Act: a costly mistake. 7 J.L. Econ. & Pol’y 119-136 (2010).
CLIMATE CHANGE.
Doremus, Holly. Adapting to climate change with law that bends without breaking. 2 San Diego J. Climate & Energy L. 45-85 (2010).
Lazarus, Richard J. Climate change law in and over time. 2 San Diego J. Climate & Energy L. 29-43 (2010).
Montalvo, William R. Cracks on the wall: why states should be allowed to lead on climate change. 21 Fordham Envtl. L. Rev. 383-413 (2010).
COAL.
Robinson, Sam. So much up in the air: the carbon dioxide debate and coal plant permitting in Virginia. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 269-302 (2010).
COMPARATIVE LAW.
Dales, Jessica T. Death by a thousand cuts: incorporating cumulative effects in Australia’s Environment Protection and Biodiversity Conservation Act. 20 Pac. Rim L. & Pol’y J. 149-178 (2011).
Faure, Michael G. and A.V. Raja. Effectiveness of environmental public interest litigation in India: determining the key variables. 21 Fordham Envtl. L. Rev. 239-294 (2010).
CORPORATIONS.
Cogswell, Valorie. Student article. Catching the rabbit: the past, present, and future of California’s approach to finding corporate officers civilly liable under the responsible corporate officer doctrine. 33 Environs 343-371 (2010).
Watnick, Valerie M. PCBs in schools and corporate responsibility for remediation: Yorktown Central School District v. Monsanto Company. 33 Environs 231-273 (2010).
COURTS.
Schwartz, Victor E., Phil Goldberg and Corey Schaecher. Why trial courts have been quick to cool “global warming” suits. 77 Tenn. L. Rev. 803-848 (2010).
CRIMINAL LAW.
Atkins, Andrew. A complicated environment: the problem with extending victims’ rights to victims of environmental crimes. 67 Wash. & Lee L. Rev. 1623-1658 (2010).
E-WASTE.
Elisha, Hanna G. Addressing the e-waste crisis: the need for comprehensive federal e-waste regulation within the United States. 14 Chapman L. Rev. 195-236 (2010).
EDUCATION.
Dernbach, John C. The essential and growing role of legal education in achieving sustainability. 60 J. Legal Educ. 489-518 (2011).
EMISSIONS TRADING.
Mann, Roberta. How to love the one you’re with: changing tax policy to fit cap-and-trade. 2 San Diego J. Climate & Energy L. 145-180 (2010).
McAllister, Lesley K. Enforcing cap-and-trade: a tale of two programs. 2 San Diego J. Climate & Energy L. 1-28 (2010).
ENDANGERED SPECIES ACT.
Fish, Jared B. Critical habitat designations after New Mexico Cattle Growers: an analysis of agency discretion to exclude critical habitat. (N.M. Cattle Growers Ass’n v. U.S. Fish & Wildlife Serv., 248 F.3d 1277, 2001.) 21 Fordham Envtl. L. Rev. 575-635 (2010).
Fitzgerald, Edward A. Defenders of Wildlife v. Salazar: delisting the children of the night in the Northern Rocky Mountains. 31 Pub. Land & Resources L. Rev. 1-54 (2010).
ENERGY INDUSTRY.
Wise, Robert K. Administrative penalties against electricity market participants under the Texas Public Utility Regulatory Act. 62 Baylor L. Rev. 788-850 (2010).
ENERGY POLICY.
Bronin, Sara C. Curbing energy sprawl with microgrids. 43 Conn. L. Rev. 547-584 (2010).
Sussman, Edna. A multilateral energy sector investment treaty: is it time for a call for adoption by all nations? 44 Int’l Law. 939-966 (2010).
Wang, Walter. Looking back to move forward: revisiting the Btu in evaluating current policy alternatives. 2 San Diego J. Climate & Energy L. 181-197 (2010).
Wiener, Jason R. and Christian Alexander. “On-site renewable energy and public finance: how and why municipal bond financing is the key to propagating access to on-site renewable energy and energy efficiency.” 26 Santa Clara Computer & High Tech. L.J. 559-590 (2010).
ENVIRONMENTAL JUSTICE.
Danta, Victoria R. VX in TX: chemical weapons incineration and environmental injustice in Port Arthur, Texas. 21 Fordham Envtl. L. Rev. 415-443 (2010).
ENVIRONMENTAL LAW.
Driesen, David M. An environmental competition statute. 2 San Diego J. Climate & Energy L. 199-222 (2010).
Nash, Jonathan Remy. The curious legal landscape of the extraterritoriality of U.S. environmental laws. 50 Va. J. Int’l L. 997-1020 (2010).
FEDERALISM.
Thomson, Vivian E. and Vicki Arroyo. Upside-down cooperative federalism: climate change policymaking and the states. 29 Va. Envtl. L.J. 1-61 (2011).
FORESTS.
Bradshaw, Karen M. A modern overview of wildfire law. 21 Fordham Envtl. L. Rev. 445-478 (2010).
Nie, Martin. Place-based forest law: questions and opportunities presented by Senator Tester’s Forest Jobs and Recreation Act. 31 Pub. Land & Resources L. Rev. 175-182 (2010).
GREENHOUSE GASES.
Etienne, Nadine. Should we go green for the Waxman-Markey bill? 21 Fordham Envtl. L. Rev. 345-381 (2010).
Schang, Scott and Teresa Chan. Federal greenhouse gas control options from an enforcement perspective. 2 San Diego J. Climate & Energy L. 87-144 (2010).
INSURANCE LAW.
Vazquez, Caroline. Into the unknown: the reach of environmental insurance in cases. 16 Conn. Ins. L.J. 467-503 (2009-2010).
INTELLECTUAL PROPERTY.
Hall, Bronwyn H. and Christian Helmers. The role of patent protection in (clean/green) technology transfer. 26 Santa Clara Computer & High Tech. L.J. 487-532 (2010).
INTERNATIONAL LAW.
French, Duncan. Iraq and climate change: the mainstream lawyer’s survival guide. 44 Int’l Law. 1019-1033 (2010).
LAND USE.
Bornstein, Laura C. Conceptualizing Cleburne (City of Cleburne, Tex. V. Cleburne Living Ctr., Inc., 473 U.S. 432, 1985.) 41 Golden Gate U. L. Rev. 91-119 (2010).
Crowder, Patience A. More than merely incidental: third-party beneficiary rights in urban redevelopment contracts. 17 Geo. J. on Poverty L. & Pol’y 287-333 (2010).
Russell-Evans, Vanessa and Carl S. Hacker. Expanding waistlines and expanding cities: urban sprawl and its impact on obesity, how the adoption of smart growth statutes can build healthier and more active communities. 29 Va. Envtl. L.J. 63-113 (2011).
Salkin, Patricia E. and John R. Nolon. Practically grounded: convergence of land use law pedagogy and best practices. 60 J. Legal Educ. 519-548 (2011).
NATIONAL SECURITY.
Jo, Michael. National security preemption: the case of chemical safety regulation. 85 N.Y.U. L. Rev. 2065-2098 (2010).
Munson, Michael S. Averting nuclear 9/11: the need to move beyond NEPA and transition to a homeland security-administered infrastructure security statement. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 335-370 (2010).
NATIVE AMERICAN LANDS.
Zanoni, Michelle Uberuaga. Evaluating the consequences of climate change on Indian reserved water rights and the PIA: the impracticably irrigable acreage standard. 31 Pub. Land & Resources L. Rev. 125-148 (2010).
NEPA.
Cohen, Aliza M. NEPA in the hot seat: a proposal for an office of environmental analysis. 44 U. Mich. J.L. Reform 169-217 (2010).
Cossi, Domenic A. Getting our priorities straight: streamlining NEPA to hasten renewable energy development on public land. 31 Pub. Land & Resources L. Rev. 149-174 (2010).
OCEANS.
Kushlan, Kristin. Coral reefs: the failure to regulate at the international level. 33 Environs 317-341 (2010).
OIL.
Wood, Duncan. The administration of decline: Mexico’s looming oil crisis. 16 Law & Bus. Rev. Am. 855-870 (2010).
RENEWABLE RESOURCES.
Fershee, Joshua P. When prayer trumps politics: the politics and demographics of renewable portfolio standards. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 53-134 (2010).
Gold, Ivan and Nidhi Thakar. A survey of state renewable portfolio standards: square pegs for round climate change holes? 35 Wm. & Mary Envtl. L. & Pol’y Rev. 183-268 (2010).
Loomis, David G. and Adrienne Ohler. Are renewable portfolio standards a policy cure-all?: a case study of Illinois’s experience. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 135-182 (2010).
TAKINGS.
Nedzel, Nadia E. Reviving protection for private property: a practical approach to blight takings. 2008 Mich. St. L. Rev. 995-1021.
Yellin, David S. Masters of their own eminent domain: the case for a reliance interest associated with economic development takings. 99 Geo. L.J. 651-676 (2011).
TAXATION.
Forsyth, Elizabeth B. Solving widespread toxic chemical exposure: a taxing job. 29 Va. Envtl. L.J. 115-141 (2011).
TECHNOLOGY.
Lane, Eric. Clean tech reality check: nine international green technology transfer deals unhindered by intellectual property rights. 26 Santa Clara Computer & High Tech. L.J. 533-557 (2010).
WATER POLLUTION.
Bartels, Bradford T. Wall Street walk dead end for Chesapeake cleanup? 35 Wm. & Mary Envtl. L. & Pol’y Rev. 303-334 (2010).
WATER RESOURCES.
Folger, James A. From Australia to California: solving California’s water crisis by applying lessons learned down under. 45 U.S.F.L. Rev. 243-264 (2010).
Criddle, Evan J. Mending holes in the rule of (administrative) law. 104 Nw. U. L. Rev. 1271-1280 (2010).
Krohn, David R. Pekarek. Cooper Technologies Co. v. Dudas: laying the foundation for minimal deference. (Cooper Technologies Co. v. Dudas, 536 F.3d 1330, 2008.) 104 Nw. U. L. Rev. 1213-1251 (2010).
Pojanowski, Jeffrey A. Reason and reasonableness in review of agency decisions. 104 Nw. U. L. Rev. 799-852 (2010).
Weldon, Ryan G. and Michael E. Patterson. Maintaining the Ninth Circuit’s clarified arbitrary and capricious standard of review for agency science after Lands Council v. McNair. 31 Pub. Land & Resources L. Rev. 55-124 (2010).
AGRICULTURE.
Hazen, Tyler E. The effects of Brazilian agricultural property policies and international pressures on the soybean industry: incentives for Amazon deforestation and how it may be reduced. 2 San Diego J. Climate & Energy L. 223-247 (2010).
Maguire, Annise. Shifting the paradigm: broadening our understanding of agriculture and its impact on climate change. 33 Environs 275-316 (2010).
Ross, Carrie. In the hot house: will Canada’s WTO challenge slaughter U.S. COOL regulations? 36 Brook. J. Int’l L. 299-336 (2010).
ANIMAL LAW.
Carnelley, Marita. Betting on dog racing. The next legalised gambling opportunity in South Africa? A cautionary note from the regulation of greyhound racing in Britain. 1 UNLV Gaming L.J. 73-98 (2010).
Sheketoff, Julia Fong. State innovations in noncapital proportionality doctrine. 85 N.Y.U. L. Rev. 2209-2240 (2010).
ARCHITECTURE.
Glesby, Lauren E. Fitting the bill: proposed regulatory and non-regulatory approaches to advancing green building technologies. 21 Fordham Envtl. L. Rev. 637-671 (2010).
BANKRUPTCY.
Frank, Robert P. Liability without end? The discharge of CERCLA liability in bankruptcy after Atlantic Research. 21 Fordham Envtl. L. Rev. 559-573 (2010).
CHINA.
Eisen, Joel B. China’s renewable energy law: a platform for green leadership? 35 Wm. & Mary Envtl. L. & Pol’y Rev. 1-52 (2010).
Washburn, Valerie Jaffee. Regular takings or regulatory takings?: land expropriation in rural China. 20 Pac. Rim L. & Pol’y J. 71-124 (2011).
Yan, Xu. Green taxation in China: a possible consolidated fuel tax to promote clean air? 21 Fordham Envtl. L. Rev. 295-343 (2010).
CLEAN AIR ACT.
McLaughlin, Patrick A. Ignoring implementation costs of the Clean Air Act: a costly mistake. 7 J.L. Econ. & Pol’y 119-136 (2010).
CLIMATE CHANGE.
Doremus, Holly. Adapting to climate change with law that bends without breaking. 2 San Diego J. Climate & Energy L. 45-85 (2010).
Lazarus, Richard J. Climate change law in and over time. 2 San Diego J. Climate & Energy L. 29-43 (2010).
Montalvo, William R. Cracks on the wall: why states should be allowed to lead on climate change. 21 Fordham Envtl. L. Rev. 383-413 (2010).
COAL.
Robinson, Sam. So much up in the air: the carbon dioxide debate and coal plant permitting in Virginia. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 269-302 (2010).
COMPARATIVE LAW.
Dales, Jessica T. Death by a thousand cuts: incorporating cumulative effects in Australia’s Environment Protection and Biodiversity Conservation Act. 20 Pac. Rim L. & Pol’y J. 149-178 (2011).
Faure, Michael G. and A.V. Raja. Effectiveness of environmental public interest litigation in India: determining the key variables. 21 Fordham Envtl. L. Rev. 239-294 (2010).
CORPORATIONS.
Cogswell, Valorie. Student article. Catching the rabbit: the past, present, and future of California’s approach to finding corporate officers civilly liable under the responsible corporate officer doctrine. 33 Environs 343-371 (2010).
Watnick, Valerie M. PCBs in schools and corporate responsibility for remediation: Yorktown Central School District v. Monsanto Company. 33 Environs 231-273 (2010).
COURTS.
Schwartz, Victor E., Phil Goldberg and Corey Schaecher. Why trial courts have been quick to cool “global warming” suits. 77 Tenn. L. Rev. 803-848 (2010).
CRIMINAL LAW.
Atkins, Andrew. A complicated environment: the problem with extending victims’ rights to victims of environmental crimes. 67 Wash. & Lee L. Rev. 1623-1658 (2010).
E-WASTE.
Elisha, Hanna G. Addressing the e-waste crisis: the need for comprehensive federal e-waste regulation within the United States. 14 Chapman L. Rev. 195-236 (2010).
EDUCATION.
Dernbach, John C. The essential and growing role of legal education in achieving sustainability. 60 J. Legal Educ. 489-518 (2011).
EMISSIONS TRADING.
Mann, Roberta. How to love the one you’re with: changing tax policy to fit cap-and-trade. 2 San Diego J. Climate & Energy L. 145-180 (2010).
McAllister, Lesley K. Enforcing cap-and-trade: a tale of two programs. 2 San Diego J. Climate & Energy L. 1-28 (2010).
ENDANGERED SPECIES ACT.
Fish, Jared B. Critical habitat designations after New Mexico Cattle Growers: an analysis of agency discretion to exclude critical habitat. (N.M. Cattle Growers Ass’n v. U.S. Fish & Wildlife Serv., 248 F.3d 1277, 2001.) 21 Fordham Envtl. L. Rev. 575-635 (2010).
Fitzgerald, Edward A. Defenders of Wildlife v. Salazar: delisting the children of the night in the Northern Rocky Mountains. 31 Pub. Land & Resources L. Rev. 1-54 (2010).
ENERGY INDUSTRY.
Wise, Robert K. Administrative penalties against electricity market participants under the Texas Public Utility Regulatory Act. 62 Baylor L. Rev. 788-850 (2010).
ENERGY POLICY.
Bronin, Sara C. Curbing energy sprawl with microgrids. 43 Conn. L. Rev. 547-584 (2010).
Sussman, Edna. A multilateral energy sector investment treaty: is it time for a call for adoption by all nations? 44 Int’l Law. 939-966 (2010).
Wang, Walter. Looking back to move forward: revisiting the Btu in evaluating current policy alternatives. 2 San Diego J. Climate & Energy L. 181-197 (2010).
Wiener, Jason R. and Christian Alexander. “On-site renewable energy and public finance: how and why municipal bond financing is the key to propagating access to on-site renewable energy and energy efficiency.” 26 Santa Clara Computer & High Tech. L.J. 559-590 (2010).
ENVIRONMENTAL JUSTICE.
Danta, Victoria R. VX in TX: chemical weapons incineration and environmental injustice in Port Arthur, Texas. 21 Fordham Envtl. L. Rev. 415-443 (2010).
ENVIRONMENTAL LAW.
Driesen, David M. An environmental competition statute. 2 San Diego J. Climate & Energy L. 199-222 (2010).
Nash, Jonathan Remy. The curious legal landscape of the extraterritoriality of U.S. environmental laws. 50 Va. J. Int’l L. 997-1020 (2010).
FEDERALISM.
Thomson, Vivian E. and Vicki Arroyo. Upside-down cooperative federalism: climate change policymaking and the states. 29 Va. Envtl. L.J. 1-61 (2011).
FORESTS.
Bradshaw, Karen M. A modern overview of wildfire law. 21 Fordham Envtl. L. Rev. 445-478 (2010).
Nie, Martin. Place-based forest law: questions and opportunities presented by Senator Tester’s Forest Jobs and Recreation Act. 31 Pub. Land & Resources L. Rev. 175-182 (2010).
GREENHOUSE GASES.
Etienne, Nadine. Should we go green for the Waxman-Markey bill? 21 Fordham Envtl. L. Rev. 345-381 (2010).
Schang, Scott and Teresa Chan. Federal greenhouse gas control options from an enforcement perspective. 2 San Diego J. Climate & Energy L. 87-144 (2010).
INSURANCE LAW.
Vazquez, Caroline. Into the unknown: the reach of environmental insurance in cases. 16 Conn. Ins. L.J. 467-503 (2009-2010).
INTELLECTUAL PROPERTY.
Hall, Bronwyn H. and Christian Helmers. The role of patent protection in (clean/green) technology transfer. 26 Santa Clara Computer & High Tech. L.J. 487-532 (2010).
INTERNATIONAL LAW.
French, Duncan. Iraq and climate change: the mainstream lawyer’s survival guide. 44 Int’l Law. 1019-1033 (2010).
LAND USE.
Bornstein, Laura C. Conceptualizing Cleburne (City of Cleburne, Tex. V. Cleburne Living Ctr., Inc., 473 U.S. 432, 1985.) 41 Golden Gate U. L. Rev. 91-119 (2010).
Crowder, Patience A. More than merely incidental: third-party beneficiary rights in urban redevelopment contracts. 17 Geo. J. on Poverty L. & Pol’y 287-333 (2010).
Russell-Evans, Vanessa and Carl S. Hacker. Expanding waistlines and expanding cities: urban sprawl and its impact on obesity, how the adoption of smart growth statutes can build healthier and more active communities. 29 Va. Envtl. L.J. 63-113 (2011).
Salkin, Patricia E. and John R. Nolon. Practically grounded: convergence of land use law pedagogy and best practices. 60 J. Legal Educ. 519-548 (2011).
NATIONAL SECURITY.
Jo, Michael. National security preemption: the case of chemical safety regulation. 85 N.Y.U. L. Rev. 2065-2098 (2010).
Munson, Michael S. Averting nuclear 9/11: the need to move beyond NEPA and transition to a homeland security-administered infrastructure security statement. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 335-370 (2010).
NATIVE AMERICAN LANDS.
Zanoni, Michelle Uberuaga. Evaluating the consequences of climate change on Indian reserved water rights and the PIA: the impracticably irrigable acreage standard. 31 Pub. Land & Resources L. Rev. 125-148 (2010).
NEPA.
Cohen, Aliza M. NEPA in the hot seat: a proposal for an office of environmental analysis. 44 U. Mich. J.L. Reform 169-217 (2010).
Cossi, Domenic A. Getting our priorities straight: streamlining NEPA to hasten renewable energy development on public land. 31 Pub. Land & Resources L. Rev. 149-174 (2010).
OCEANS.
Kushlan, Kristin. Coral reefs: the failure to regulate at the international level. 33 Environs 317-341 (2010).
OIL.
Wood, Duncan. The administration of decline: Mexico’s looming oil crisis. 16 Law & Bus. Rev. Am. 855-870 (2010).
RENEWABLE RESOURCES.
Fershee, Joshua P. When prayer trumps politics: the politics and demographics of renewable portfolio standards. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 53-134 (2010).
Gold, Ivan and Nidhi Thakar. A survey of state renewable portfolio standards: square pegs for round climate change holes? 35 Wm. & Mary Envtl. L. & Pol’y Rev. 183-268 (2010).
Loomis, David G. and Adrienne Ohler. Are renewable portfolio standards a policy cure-all?: a case study of Illinois’s experience. 35 Wm. & Mary Envtl. L. & Pol’y Rev. 135-182 (2010).
TAKINGS.
Nedzel, Nadia E. Reviving protection for private property: a practical approach to blight takings. 2008 Mich. St. L. Rev. 995-1021.
Yellin, David S. Masters of their own eminent domain: the case for a reliance interest associated with economic development takings. 99 Geo. L.J. 651-676 (2011).
TAXATION.
Forsyth, Elizabeth B. Solving widespread toxic chemical exposure: a taxing job. 29 Va. Envtl. L.J. 115-141 (2011).
TECHNOLOGY.
Lane, Eric. Clean tech reality check: nine international green technology transfer deals unhindered by intellectual property rights. 26 Santa Clara Computer & High Tech. L.J. 533-557 (2010).
WATER POLLUTION.
Bartels, Bradford T. Wall Street walk dead end for Chesapeake cleanup? 35 Wm. & Mary Envtl. L. & Pol’y Rev. 303-334 (2010).
WATER RESOURCES.
Folger, James A. From Australia to California: solving California’s water crisis by applying lessons learned down under. 45 U.S.F.L. Rev. 243-264 (2010).
Tuesday, April 12, 2011
Third Follow up Report to the Communication on water scarcity and droughts in the European Union
This report from the the Commission to the European Parliament and the Council (COM (2007) 414 final /* COM/2011/0133 final */), offers planning advice and steps to be taken to improve water use efficiency and prevent droughts.
Fukushima Nuclear Accident Update Log -- IAEA
This web site fromthe International Atomic Energy Agency provides regular updates regarding the Fukushima nuclear accident.
Monday, April 11, 2011
Report of 2010 Assessment of the Scientific Assessment Panel -- UNEP
This report from the United Nations Environmental Programme's Scientific Assessment Panel finds that changes in stratospheric ozone are linked to the Earth’s climate. The report finds that over the past decade, global ozone levels, and ozone levels in the Arctic and Antarctic regions are at a turnaround point — no longer decreasing but not yet increasing. The abundances of ozone-depleting substances in the atmosphere are responding as expected to the controls of the Montreal Protocol, with many now declining in both the lower and upper atmosphere."
Saving Oil and Reducing Greenhouse Gas Emissions through U.S. Federal Transportation Policy -- Pew
This white paper from the Pew Center on Global Climate Change, dated February 2011, finds that the United States consumes over 10 million barrels of oil per day moving people and goods on roads and rail throughout the country. Surface transportation generates over 23 percent of U.S. anthropogenic greenhouse gas (GHG) emissions.
Transportation is the primary cause of U.S. oil dependence with its attendant risks to U.S. energy security. Contributions from this sector will be necessary in any effort to maintain a sustainable and secure economy in the future. There are many opportunities to save oil and reduce GHG emissions under existing federal law and possibly in the next surface transportation reauthorization legislation in the U.S. Congress, while increasing the mobility of people and goods in the U.S. economy.
This paper identifies opportunities possible in transportation reauthorization legislation and using existing legislative authority that will save oil and reduce GHG emissions. The strategy focuses on five key elements: vehicles; fuels; vehicle miles traveled (VMT); system efficiency; and construction, maintenance, and other activities of transportation agency operations.
Transportation is the primary cause of U.S. oil dependence with its attendant risks to U.S. energy security. Contributions from this sector will be necessary in any effort to maintain a sustainable and secure economy in the future. There are many opportunities to save oil and reduce GHG emissions under existing federal law and possibly in the next surface transportation reauthorization legislation in the U.S. Congress, while increasing the mobility of people and goods in the U.S. economy.
This paper identifies opportunities possible in transportation reauthorization legislation and using existing legislative authority that will save oil and reduce GHG emissions. The strategy focuses on five key elements: vehicles; fuels; vehicle miles traveled (VMT); system efficiency; and construction, maintenance, and other activities of transportation agency operations.
Emissions of Greenhouse Gases in the U. S -- EIA
This report from the Energy Information Administration dated March 2011 finds that total U.S. anthropogenic (human-caused) greenhouse gas emissions in 2009 were 5.8 percent below the 2008 total (Table 1).
The decline in total emissions—from 6,983 million metric tons carbon dioxide equivalent (MMTCO2e) in 2008 to 6,576 MMTCO2e in 2009—was the largest since emissions have been tracked over the 1990-2009 time frame. It was largely the result of a 419-MMTCO2e drop in carbon dioxide (CO2) emissions (7.1 percent). There was a small increase of 7 MMTCO2e (0.9 percent) in methane (CH4) emissions, and an increase of 8 MMTCO2e (4.9 percent), based on partial data, in emissions of man-made gases with high global warming potentials (high-GWP gases). (Draft estimates for emissions of HFC and PFC substitutes for ozone-depleting substances in 2009 are included; 2008 data are used for emissions of other high-GWP gases.) Emissions of nitrous oxide (N2O), on the other hand, fell by 4 MMTCO2e (1.7 percent).
The decline in total emissions—from 6,983 million metric tons carbon dioxide equivalent (MMTCO2e) in 2008 to 6,576 MMTCO2e in 2009—was the largest since emissions have been tracked over the 1990-2009 time frame. It was largely the result of a 419-MMTCO2e drop in carbon dioxide (CO2) emissions (7.1 percent). There was a small increase of 7 MMTCO2e (0.9 percent) in methane (CH4) emissions, and an increase of 8 MMTCO2e (4.9 percent), based on partial data, in emissions of man-made gases with high global warming potentials (high-GWP gases). (Draft estimates for emissions of HFC and PFC substitutes for ozone-depleting substances in 2009 are included; 2008 data are used for emissions of other high-GWP gases.) Emissions of nitrous oxide (N2O), on the other hand, fell by 4 MMTCO2e (1.7 percent).
Lead In Tap Water: CDC Public Health Communications Need Improvement -- GAO
This Government Accountability Office report (GAO-11-279), dated March 2011, recommends that the Center for Disease Control (CDC) (1) publish an article providing a comprehensive overview of tap water as a source of lead exposure and communicating the potential health effects on children and (2) develop procedures to address any confusion after information is published. CDC generally concurred with GAO’s recommendations. For the second recommendation, while CDC described procedures it is developing, the agency did not explicitly address all components of the recommendation.
THE MARCELLUS SHALE: HYDROFACTURE GAS DRILLING IN NYS -- Pace Law School
Cosponsored with Pace Law School’s Environmental Studies Program
Thursday, April 14 (Live/Webcast)
6:30 p.m. - 9:30 p.m.
Pace Law School - Moot Court Room, Law Library
CLE Credits: 3 Practice
This program will provide an overview of the legal, regulatory, economic, environmental, and human health issues attendant to natural gas drilling within the Marcellus Shale pocket of New York State. Speakers were chosen to reflect a broad range of perspectives to stimulate an active well-informed dialogue.
Thursday, April 14 (Live/Webcast)
6:30 p.m. - 9:30 p.m.
Pace Law School - Moot Court Room, Law Library
CLE Credits: 3 Practice
This program will provide an overview of the legal, regulatory, economic, environmental, and human health issues attendant to natural gas drilling within the Marcellus Shale pocket of New York State. Speakers were chosen to reflect a broad range of perspectives to stimulate an active well-informed dialogue.
New Library Acquisitions -- Week of April 11, 2011
Agriculture
Animal factory : the looming threat of industrial pig, dairy, and poultry farms to humans and the environment / David Kirby
Brazil
The deepest wounds : a labor and environmental history of sugar in Northeast Brazil / Thomas D. Rogers
Economics
Economics and ecosystems : efficiency, sustainability and equity in ecosystem management / Lars Hein
World on the edge : how to prevent environmental and economic collapse / Lester Brown
Energy Law
International energy investment law : stability through contractual clauses / by Mustafa Erkan
Environmental Management
Engineering nature : water, development, & the global spread of American environmental expertise / Jessica B. Teisch
European Union
Environmental policies for air pollution and climate change in the new Europe / Caterina De Lucia
The European impact assessment and the environment / Kilian Bizer, Sebastian Lechner, Martin Führ, editors
Public Utilities
Private utilities and poverty alleviation : market initiatives at the base of the pyramid / edited by Carlos Rufín, Patricia C. Márquez
Rainforests
Temperate and boreal rainforests of the world : ecology and conservation / edited by Dominick A. DellaSala ; foreword by David Suzuki
Taxation
Renewable energy tax incentives and WTO law: irreconcilably incompatible? : an examination of the WTO-consistency of direct corporate tax incentives for the development of renewable energy / Carol Ní Ghiollarnáth
Animal factory : the looming threat of industrial pig, dairy, and poultry farms to humans and the environment / David Kirby
Brazil
The deepest wounds : a labor and environmental history of sugar in Northeast Brazil / Thomas D. Rogers
Economics
Economics and ecosystems : efficiency, sustainability and equity in ecosystem management / Lars Hein
World on the edge : how to prevent environmental and economic collapse / Lester Brown
Energy Law
International energy investment law : stability through contractual clauses / by Mustafa Erkan
Environmental Management
Engineering nature : water, development, & the global spread of American environmental expertise / Jessica B. Teisch
European Union
Environmental policies for air pollution and climate change in the new Europe / Caterina De Lucia
The European impact assessment and the environment / Kilian Bizer, Sebastian Lechner, Martin Führ, editors
Public Utilities
Private utilities and poverty alleviation : market initiatives at the base of the pyramid / edited by Carlos Rufín, Patricia C. Márquez
Rainforests
Temperate and boreal rainforests of the world : ecology and conservation / edited by Dominick A. DellaSala ; foreword by David Suzuki
Taxation
Renewable energy tax incentives and WTO law: irreconcilably incompatible? : an examination of the WTO-consistency of direct corporate tax incentives for the development of renewable energy / Carol Ní Ghiollarnáth
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