Wednesday, February 29, 2012

Synopsis of the Queensland Environmental Legal System -- ELP

Synopsis of the Queensland Environmental Legal System.  This book from Environmental Law Publishing (AU) explains the four layers of the Queensland environmental legal system: international law; Commonwealth law; Queensland law; and the common law. It provides short explanations of major international treaties and domestic legislation with links to useful websites for anyone interested in a particular topic.

Conservation Café -- Greenburgh (NY) Public Library

Conservation Café PDFPrintE-mail
cafePreserving our Community Forests during ”Stormy” Times

Friday, March 23, 8:45 a.m. – 10 a.m.
(Registration begins at 8:30 a.m.)
Greenburgh Public Library in Elmsford, NY

With all the recent harsh weather wreaking havoc on our local tree population, what does it take to protect the trees that are left behind? Find out how you can help protect and preserve the trees in your local community.

The program will feature:• Rick Harper, from Cornell Cooperative Extension of Westchester, who will discuss the importance of urban forests and their value to the ecosystem;
• Mark Gilliland, from the Village of Irvington’s Green Policy Board and Chairman of the Tree Board, who will discuss the results of the recent tree inventory and present analysis of the data collected during the study;
• Frank DiMarco, Commissioner of Tuckahoe Department of Public Works, who will discuss the town’s newly revised tree ordinance.

A panel discussion with a question-and-answer session will follow with:• Brendan Murphy, Forester with the Watershed Agricultural Council, who will discuss helpful information about choosing and planting native trees for reforestation efforts on public land as well as in your own backyard;
• Allan Douglas, Field Operations Planner for Con Edison, will give a brief overview of their Vegetation Management Program and respond to any inquiries.

Pre-registration is requested. Register online or by calling (914) 422.4053.

Coffee provided by Coffee Roaster Labs – please bring your own mug and carpool if possible.

The Greenburgh Public Library is located at 300 Tarrytown Road in Elmsford, NY.

World Water Forum -- Conference

World Water Forum 2012 Marseille, France
The Forum that will take place in Marseille from March 12th to 17, 2012
"Every three years since 1997, the World Water Council, with a host country and city, organises a forum that mobilises creativity, innovation, competence and know-how in favour of water.

The five World Water Forums organised since 1997 have placed water on the international political
agenda. They have undoubtedly contributed to a global awareness of the water issues. The Forum must be perceived first of all as a tri-annual process initiated as soon as a host country and a host city have been selected and prepared by a series of preparatory processes which combine thematic, regional and political activities. These processes mobilise thousands of water stakeholders from 5 continents over a three year period and culminate in the Forum week. However this week is not an end in itself: it represents simply an important milestone in a continuous process combining dialogue, action and monitoring of the results.

With a unifying and open-minded spirit, the World Water Forum strives to open its activities to the
tire water stakeholders of the professional community, water users, political arena and of the civil
society. The World Water Council, the host city and the host country promote interactions and
partnerships at all geographic scales and between all actors."

BuildingEnergy 2012 -- Conference

BuildingEnergy is the most established and most cross-disciplinary renewable energy and high performance building conference in the region. Organized by the Northeast Sustainable Energy Association, it brings together architects, engineers, builders, policymakers, developers and building managers for three days of networking, accredited educational sessions and a high-level trade show. Attracting participants from across the US and Europe, it will take place next year March 6-8, 2012, at the Seaport World Trade Center in Boston, MA.

Thursday, February 23, 2012

A Primer on Pending Environmental Regulations and their Potential Impacts on Electric System Reliability -- NESCAUM

A Primer on Pending Environmental Regulations and their Potential Impacts on Electric System Reliability a report by the Northeast States for Coordinated Air Use Management updated February 2012

"The purpose of this primer is to provide a basic background on recent and pending U.S. Environmental Protection Agency (USEPA) rules affecting the electric power generation sector (with coal power plants being a major focus). Several studies are briefly summarized that have assessed the environmental regulations’ possible collective impact on power plant retirements and electric system reliability. Where available, USEPA analyses of the costs and benefits of proposed and final rules are presented. Also presented are planning options identified in several of the scenario studies that can help mitigate potential reliability issues."

Wednesday, February 22, 2012

G-20 Clean Energy, and Energy Efficiency Deployment and Policy Progress- IEA

Reporting to G-20 on Clean Energy and Efficiency Progress

G-20 Clean Energy, and Energy Efficiency Deployment and Policy Progress, a report prepared by the International Energy Agency (IEA) in collaboration with the G-20 Clean Energy and Energy Efficiency Working Group, provides an overview of clean energy and energy efficiency technology deployment and summarises support policies in place across G-20 countries. The report highlights that while clean energy technology deployment has made steady progress and energy efficiency improvements have been made, continued reliance on fossil fuels to meet growth in global energy demand presents a significant challenge. Scaling-up the deployment of renewable energy, in addition to improving end-use efficiency, enhancing the efficiency of fossil fuel based power generation, and supporting the widespread deployment of CCS will, therefore, also be crucial aspects of the transition to a cleaner energy future.

Because the G-20 group of countries represent close to 80% of energy-related CO₂emissions, by developing and deploying energy efficiency and clean energy technologies, they are presented with a unique opportunity to make collective progress in transitioning the global energy system. IEA Deputy Executive Director Richard Jones emphasised the importance of G-20 efforts, saying, "The IEA welcomes this important collaboration with the G-20. Enhanced deployment of clean energy technologies and of energy efficiency improvements offers energy security and environmental benefits. It will also enable cost savings over the medium and long term – an aspect that is particularly relevant at a time of economic uncertainty. We believe that enhanced policy assessment and analysis, building on this initial report, will enable governments to take more cost effective and efficient policy decisions.”

New Library Acquisitions -- Week of Jan. 19, 2012

Adirondack books, 1966-1992 : an annotated bibliography with a partial listing of book-length materials for the year 1993 / compiled by Douglas B. Welch

The great forest of the Adirondacks / Barbara McMartin ; maps, charts, and graphs by W. Alec Reid ; research and editing by Edward Comstock, Jr

Report on the progress of the Adirondack State Land Survey to the year 1886 : with an historical sketch of the work and table of elevations, plates and maps / by Verplanck Colvin

Animal Law
Animals and the law / Lesli Bisgould

Climate Change
Climate management issues : economics, sociology, and politics / Julie Kerr Gines

Energy Policy
Improving energy efficiency through technology : trends, investment behaviour and policy design / edited by Raymond J.G.M. Florax, Henri L.F. de Groot and Peter Mulder

Energy Standards
Inside energy : developing and managing an ISO 50000 energy management system / by Charles H. Eccleston, Frederic March, Timothy Cohen

Environmental Policy
Efficiency, sustainability, and justice to future generations / edited by Klaus Mathis

Fundamentals of practical environmentalism / Mark B. Weldon

Market denial and international fisheries regulation : the targeted and effective use of trade measures against the flag of convenience fishing industry / [edited] by Darren S. Calley

Marine Mammals
The dolphin in the mirror : exploring dolphin minds and saving dolphin lives / Diana Reiss

National Security
National security implications of climate change for U.S. naval forces / Committee on National Security Implications of Climate Change for U.S. Naval Forces, Naval Studies Board, Division on Engineering and Physical Sciences, National Research Council of the National Academies

Natural Resources
Implementing environmental and resource management / Michael Schmidt, Vincent Onyango, Dmytro Palekhov, editors

Renewable Energy
Offshore renewable energy : accelerating the deployment of offshore wind, tidal and wave technologies / IEA-RETD

Sustainable Development
Regional planning for a sustainable America : how creative programs are promoting prosperity and saving the environment / [edited by] Carleton K. Montgomery

The Road to Commercialization: Advanced Biofuels in the Public and Private Sectors -- PEW Conference

The Road to Commercialization: Advanced Biofuels in the Public and Private Sectors -- A Pew Charitable Trust Conference

Date: March 8, 2012
The Pew Charitable Trusts
901 E St. NW

Washington, DC 20004
The United States imports almost 50 percent of the oil it consumes and sends $1 billion a day overseas—some of it to regimes hostile to U.S. interests. Advanced biofuels, currently being tested and used by the Department of Defense as well as several commercial airlines, offer the nation a real opportunity to diversify and increase its use of domestic fuels while positioning U.S. companies and farmers to be global leaders in the industry. The departments of Defense, Agriculture, and Energy are working with the private sector to spur more production of advanced aviation and marine biofuels to power military and commercial transportation. This session will focus on the important role the public and private sectors can play in bringing these fuels to market in order to enhance security and provide widespread economic benefits.

Special Guest:

The Honorable John W. Warner
Panelists Include:
  • Jim Rekoske, vice president of renewable energy and chemicals, Honeywell
  • Jonathan Wolfson, CEO, Solazyme Inc.
  • Nancy Young, vice president of environmental affairs, Airlines for America

Continental breakfast, 8:30 a.m.
Program, 9-10:30 a.m.
Click here.

Media Contact:

Tracy Schario, 202.540.6582

Friday, February 17, 2012

Superfund: Status of EPA's Efforts to Improve Its Management and Oversight of Special Accounts -- GAO

"From fiscal year 1990 through October 2010, the Environmental Protection Agency’s (EPA) 10 regions collected from potentially responsible parties almost $4 billion in funds that were placed in special accounts. Nearly half of these funds are still available to be obligated for future Superfund cleanup; the remaining funds have already been obligated, but not all of these obligated funds have been disbursed. According to GAO’s analysis of EPA data, EPA has plans to obligate almost all of the available funds in special accounts over the next 10 years. However, EPA regional officials told GAO that special account funds that are planned to be obligated are estimates rather than commi"tments, and the planned use of funds often changes as site circumstances warrant. As of October 2010, of the $1.9 billion funds that EPA had obligated for Superfund cleanup expenses, $1.6 billion had been disbursed.

According to GAO’s review of EPA documents and interviews with agency officials, EPA has taken steps, including implementing strategies and guidance, in the last few years to better monitor and manage special accounts. EPA took these steps in response to the EPA Inspector General’s (IG) findings and recommendations, as well as EPA officials’ own recognition that the agency needed to provide better oversight of the special accounts process. These steps include the following:

•processes to better plan for the use of special account funds by adding a screen in the agency’s Superfund database that enables EPA regions to enter special account planning data into specific data fields and create reports, so that officials can monitor the special account balances against planned obligations for ongoing and future site-specific response activities;

•increased oversight of special accounts, including designating a national special accounts coordinator who, among other things, conducts annual and midyear reviews and holds discussions with regional staff to evaluate their plans to allocate special account funds, and establishing a Special Accounts Senior Management Committee that meets semiannually to provide overall management oversight and monitor the status of special accounts; and

•strategies and guidance on how to plan for using special accounts, including an agencywide strategic plan, overall guidance for the regions on the proper use and planning of special accounts funds throughout the cleanup process, detailed guidance on the reclassification process, and a model memorandum for transferring funds from a special account to the Hazardous Substance Superfund Trust Fund (Trust Fund) and closing out a special account."

Cleaning up the Haze: Protecting People and America’s Treasured Places -- NPCA

Cleaning up the Haze: Protecting People and America’s Treasured Places: Recommendations to Strengthen EPA’s Approach. 

On December 23, 2011 EPA proposed a BART rule exemption that will allow 28 states in the eastern U.S. to avoid compliance with the BART program. EPA will instead allow these states to rely on emissions reductions they may make under the Cross State Air Pollution Rule (CSAPR)[3] in order to satisfy their obligations under the BART program to protect Class I air quality. While the emission trading program created by CSAPR will result in significant air quality benefits for many eastern states, it will not require some of the most egregious polluters of iconic Class I national landscapes to clean up their pollution to the same level that would be required under BART.

Cleaning up the Haze: Protecting People and America’s Treasured Places asks EPA to drop its proposed BART rule exemption so that our country’s most iconic natural places are fully protected from unsightly and unhealthy air.

A Call to Action -- NPS

A Call to Action: Preparing for a Second Century of Stewardship and Engagement by the National Park Service provides in-depth background information on areas of emphasis to carry the National Forest System forward and highlights for each action item a forum for sharing ideas, strategies, and successes on these actions.

"The implementation strategy emphasizes CHOICE... FLEXIBILITY and CREATIVITY are encouraged.

The work of the National Park Service is too dynamic and extensive to be fully reflected in this set of actions. The day-to-day business of running parks and programs across the Service will continue. A Call to Action should not limit us but instead serve as a catalyst for further creative steps on the path toward the second century of stewardship and engagement."

Monday, February 13, 2012

New Library Acquisitions -- Week of February 12, 2012

Climate change in the Adirondacks : the path to sustainability / Jerry Jenkins ; foreword by Bill McKibben

The forest preserve of New York State : the great Adirondack and Catskill public forests, and their protection through a century of conflict : a handbook for conservationists / compiled for the Conservation Committee, Adirondack Mountain Club Inc. by Eleanor F. Brown ; with an afterword by David L. Newhouse

Our wilderness : how the people of New York found, changed, and preserved the Adirondacks / by Michael Steinberg

Up the Lake road : the first hundred years of the Adirondack Mountain Reserve / by Edith Pilcher

Ecology, liberty & property : a free market environmental reader / Jonathan H. Adler, editor

Environmental security and ecoterrorism / edited by Hami Alpas, Simon M. Berkowicz and Irina Ermakova

Endangered Species Act.
The Endangered Species Act : background and developments / George P. Halith, editor

Genetic Modification.
Bio-objects : life in the 21st century / edited by Niki Vermeulen, Sakari Tamminen, Andrew Webster

Hydraulic Fracturing.
Navigating legal issues around the Marcellus Shale : an immediate look at the benefits and consequences of hydraulic fracturing and horizontal drilling / [Joseph F. Speelman ... et al.]

Indigenous Peoples.
Māori and the environment : kaitiaki / edited by Rachael Selby, Pātaka Moore and Malcolm Mulholland

National Parks.
The making of Yosemite : James Mason Hutchings and the origin of America's most popular national park / Jen A. Huntley

Sustainable Development.
Transition to sustainability : towards a humane and diverse world / W.M. Adams and S.J. Jeanrenaud

Water Resources.
The Himalayan challenge : water security in emerging Asia

The sounding of the whale : science & cetaceans in the twentieth century / D. Graham Burnett

Recent Law Review Articles -- February 2012

Healy, Michael P.  Reconciling Chevron, Mead, and the review of agency discretion:  source of law and the standards of judicial review.  19 Geo. Mason L. Rev. 1-55 (2011).

Highland, Howard L.  Recent development.  A regulatory quick fix for Carcieri v. Salazar:  how the Department of Interior can invoke an alternative source of existing statutory authority to overcome an adverse judgment under the Chevron doctrine.  (Carcieri v. Salazar, 129 S. Ct. 1058, 2009.)  63 Admin. L. Rev. 933-960 (2011).

Porter, Read D. and Nina C. Robertson.  Tracking implementation of the special need request process under the Plant Protection Act.  41 Envtl. L. Rep. News & Analysis 11000-11019 (2011).

Regulatory update on wind energy permitting and development.  41 Envtl. L. Rep. News & Analysis 10977-10985 (2011).

Dane, Keith.  Institutionalized horse abuse:  the soring of Tennessee Walking Horses.  3 Ky. J. Equine, Agri., & Nat. Resources L. 201-219 (2010-2011).

Wenner, Craig A.  Note.  Judicial review and the humane treatment of animals.  86 N.Y.U. L. Rev. 1630-1667 (2011).

Riddell-Dixon, Elizabeth.  Meeting the deadline:  Canada’s Arctic submission to the Commission on the Limits of the Continental Shelf.  42 Ocean Dev. & Int’l L. 368-382 (2011).

Blumm, Michael C.  Present at the creation:  the 1910 big burn and the formative days of the U.S. Forest Service.  (Reviewing Timothy Egan, The Big Burn:  Teddy Roosevelt and the Fire That Saved America.)  32 Pub. Land & Resources L. Rev. 193-202 (2011).

Edgar, Andrew.  Book review.  (Reviewing Ronnie Harding, Carolyn M. Hendricks and Mehreen Faruqi, Environmental Decision-Making:  Exploring Complexity and Context.)  13 Asia Pac. J. Envtl. L. 269-271 (2010).

Edgar, Andrew.  Book review.  (Reviewing Tim Bonyhady and Andrew Macintosh, Mills, Mines and Other Controversies:  The Environmental Assessment of Major Projects.)  13 Asia Pac. J. Envtl. L. 273-274 (2010).

Nankivell, Kerry Lynn.  Book review.  (Reviewing James Kraska, Maritime Power and the Law of the Sea:  Expeditionary Operations in World Politics.)  42 Ocean Dev. & Int’l L. 383-387 (2011).

Faure, Michael and Hu Weiqiang.  Towards a reform of environmental liability in China:  an economic analysis.  13 Asia Pac. J. Envtl. L. 225-247 (2010).

Sato, Nan.  Note.  Red dragon gone green:  China’s approach to renewable energy technologies, its legal implications, and its impact on U.S. energy policy.  2011 U. Ill. J.L. Tech. & Pol’y 463-485.

Eng, David.  Note.  Watering down the Clean Water Act:  a critique of the NPDES Water Transfers Rule.  (Friends of the Everglades v. S. Fla. Water Mgmt. Dist., 570 F.3d 1210, 2009.)  36 Wash. U. J.L. & Pol’y 179-201 (2011).

Weisbach, David.  Negligence, strict liability, and responsibility for climate change.  97 Iowa L. Rev. 521-565 (2012).

Iftekhar, Sayed.  Protecting the Sundarbans:  an appraisal of national and international environmental laws.  13 Asia Pac. J. Envtl. L. 249-268 (2010).

Larkin, J. Bradley.  Note.  The evolution of constitutional environmental law in Kenya.  3 Ky. J. Equine, Agri., & Nat. Resources L. 265-283 (2010-2011).

Zambão, Bianca.  Brazil’s launch of lender environmental liability as a tool to manage environmental impacts.  18 U. Miami Int’l & Comp. L. Rev. 47-103 (2010).

Forsyth, Elizabeth B.  Education for reenergization:  overcoming behavioral barriers to energy efficiency in the residential sector.  41 Envtl. L. Rep. News & Analysis 11030-11043 (2011).

Prum, Darren A.  Green building liability:  considering the applicable standard of care and strategies for establishing a different level by agreement.  8 Hastings Bus. L.J. 33-64 (2012).

Rideout, Christine L.  Note.  Where are all the citizen suits?:  the failure of safe drinking water enforcement in the United States.  21 Health Matrix 655-695 (2011).

Downard, Fleur.  The REDD brick road from Cancun to Durban:  paved with carbon credits or public funding?  13 Asia Pac. J. Envtl. L. 179-206 (2010).

Recent developments.  In the Congress.  41 Envtl. L. Rep. News & Analysis 11059-11062 (2011).

Recent developments.  In the courts.  41 Envtl. L. Rep. News & Analysis 11062-11064 (2011).

Recent developments.  In the federal agencies.  41 Envtl. L. Rep. News & Analysis 11064-11068 (2011).

Recent developments.  In the state agencies.  41 Envtl. L. Rep. News & Analysis 11069-11073 (2011).

Stack, Kevin M. and Michael P. Vandenbergh.  The one percent problem.  111 Colum. L. Rev. 1385-1443 (2011).

Day, George.  An international trustee over deep-sea fisheries beyond national jurisdiction:  a path to improved management of stocks and protection of the marine environment?  13 Asia Pac. J. Envtl. L. 159-177 (2010).

Rowe, Elizabeth A.  Patents, genetically modified foods, and IP overreaching.  64 SMU L. Rev. 859-893 (2011).

Cooper, Monty.  AEP v. Connecticut—global warming litigation and beyond.  41 Envtl. L. Rep. News & Analysis 10996-10999 (2011).

Adler, Jonathan H.  Heat expands all things:  the proliferation of greenhouse gas regulation under the Obama Administration.  34 Harv. J.L. & Pub. Pol’y 421-452 (2011).

Merritt-Thrasher, Kathryn M.  Note.  Tracing the steps of Norway’s carbon footprint:  lessons learned from Norway and the European Union concerning the regulation of carbon emissions.  21 Ind. Int’l & Comp. L. Rev. 319-357 (2011).

Hartman, Brent J.  Extending the scope of the Antiquities Act.  32 Pub. Land & Resources L. Rev. 153-191 (2011).

Lazarus, Richard J.  One hundred years of the Environment and Natural Resources Division.  41 Envtl. L. Rep. News & Analysis 10986-10995 (2011).

Dillon, Michael.  Comment.  Water scarcity and hydraulic fracturing in Pennsylvania:  examining Pennsylvania water law and water shortage issues presented by natural gas operations in the Marcellus Shale.  84 Temp. L. Rev. 201-246 (2011).

Springer, Laura.  Comment.  Waterproofing the new fracking regulation:  the necessity of defining riparian rights in Louisiana’s water law.  72 La. L. Rev. 225-253 (2011).

Stemplewicz, Aaron.  Note.  The known “unknowns” of hydraulic fracturing:  a case for a traditional subsurface trespass regime in Pennsylvania.  13 Duq. Bus. L.J. 219-272 (2011).

Yin, Haitao, Howard Kunreuther and Matthew W. White.  Risk-based pricing and risk-reducing effort:  does the private insurance market reduce environmental accidents?  54 J.L. & Econ. 325-363 (2011).

Percival, Robert V.  Global law and the environment.  86 Wash. L. Rev. 579-634 (2011).

O’Brien, Katherine Kirklin.  Comment.  Beyond absurdity:  climate regulation and the case for restricting the absurd results doctrine.  86 Wash. L. Rev. 635-661 (2011).

Keay, Ian and Cherie Metcalf.  Property rights, resource access, and long-run growth.  8 J. Empirical Legal Stud. 792-829 (2011).

Stephens, Tim and Georgina Hutton.  What future for deep seabed mining in the Pacific?  13 Asia Pac. J. Envtl. L. 151-158 (2010).

Bates, Bethany M.  Note.  Reconciliation after Winter:  the standard for preliminary injunctions in federal courts.  (Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 2008.)  111 Colum. L. Rev. 1522-1556 (2011).

Wyrwich, Tom.  Comment.  A cure for a “public concern”:  Washington’s new anti-SLAPP law.  86 Wash. L. Rev. 663-693 (2011).

Hume, Lauren E.  Note.  Are we sailing in occupied waters?:  rethinking the availability of punitive damages under the Oil Pollution Act of 1990.  86 N.Y.U. L. Rev. 1444-1481 (2011).

Liu, Nengye and Frank Maes.  Prevention of vessel-source marine pollution:  a note on the challenges and prospects for Chinese practice under international law.  42 Ocean Dev. & Int’l L. 356-367 (2011).

Kronk, Elizabeth Ann.  Effective access to justice:  applying the parens patriae standing doctrine to climate change-related claims brought by Native Nations.  32 Pub. Land & Resources L. Rev. 1-25 (2011).

Hantz, Benjamin F.  Case note.  Royalty on sweet gas or sour gas?  The Supreme Court of Pennsylvania’s interpretation of the Guaranteed Minimum Royalty Act to permit gas companies to deduct post-production costs from royalty payments made to landowners:  ...  (Kilmer v. Elexco Land Services, Inc., 990 A.2d 1147, 2010.)  13 Duq. Bus. L.J. 273-294 (2011).

Marcellus Shale Legal Issues.  Foreword by Nancy D. Perkins; articles by Rachel L. Allen, Scotland M. Duncan, Kevin J. Garber, Steven Baicker-McKee, Jean M. Mosites, Gina S. Warren and student Krista M. Baron; note by Aaron Stemplewicz; case note by Benjamin F. Hantz.  13 Duq. Bus. L.J. 151-294 (2011).

Means, Malcolm N.  Case note.  Private pipeline, public use?:  Linder v. Arkansas Midstream Gas Services Corp., Smith v. Arkansas Midstream Gas Services Corp., and Arkansas’s eminent domain jurisprudence.  (Smith v. Ark. Midstream Gas Servs. Corp., 2010 Ark. 256, __ S.W.3d __; Linder v. Ark. Midstream Gas Servs Corp., 2010 Ark. 117, __ S.W.3d __.)  64 Ark. L. Rev. 809-839 (2011).

Partlett, David F. and Russell L. Weaver.  BP oil spill:  compensation, agency costs, and restitution.  68 Wash. & Lee L. Rev. 1341-1375 (2011).

Allen, Rachel L. and Scotland M. Duncan.  The standard oil and gas lease—and why it is not.  13 Duq. Bus. L.J. 155-168 (2011).

Wenner, Adam M.  Comment.  Creating property rights out of whole cloth:  judicial activists beware, section 560.221 of the Michigan Land Division Act is not a license to create otherwise non-existent property rights.  88 U. Det. Mercy L. Rev. 641-659 (2011).

Hubert, Anna-Maria.  The new paradox in marine scientific research:  regulating the potential environmental impacts of conducting ocean science.  42 Ocean Dev. & Int’l L. 329-355 (2011).

Warren, Gina S. and student Krista M. Baron.  Two years after the Pennsylvania Supreme Court’s decision in Belden & Blake Corp. v. Commonwealth Department of Conservation and Natural Resources:  the Commonwealth’s struggle to protect state lands.  13 Duq. Bus. L.J. 193-217 (2011).

Nowicki, Meghan.  Note.  Implementing sustainable industrial development in the United States and abroad:  the need for legislation and international cooperation.  62 Ala. L. Rev. 1093-1117 (2011).

Albert, Lawrence V.  Does the Alaska Constitution provide broader protection for taking or damage of property?  An analysis.  32 Pub. Land & Resources L. Rev. 27-101 (2011).

Hubbard, F. Patrick.  Power to the people:  the Takings Clause, Hart’s rule of recognition, and populist law-making.  50 U. Louisville L. Rev. 87-130 (2011).

Klonick, Kate.  Note.  Not in my Atlantic Yards:  examining netroots’ role in eminent domain reform.  100 Geo. L.J. 263-293 (2011).

Leslie, Derek.  Note.  Did the U.S. Supreme Court recognize an elusive or illusive judicial taking in Stop the Beach Renourishment?  (Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Envtl. Prot., et al., 130 S. Ct. 2592, 2010.)  3 Ky. J. Equine, Agri., & Nat. Resources L. 285-298 (2010-2011).

Somin, Ilya.  What if Kelo v. City of New London had gone the other way?  45 Ind. L. Rev. 21-39 (2011).

Wong, Sarah M.  Comment.  Environmental initiatives and the role of the USPTO’s Green Technology Pilot Program.  16 Marq. Intell. Prop. L. Rev. 233-256 (2012).

Kenney, Douglas, et al.  The Colorado River and the inevitability of institutional change.  32 Pub. Land & Resources L. Rev. 103-152 (2011).

Pappas, Michael.  Unnatural resource law:  situating desalination in coastal resource and water law doctrines.  86 Tul. L. Rev. 81-134 (2011).

Garber, Kevin J., Steven Baicker-McKee and Jean M. Mosites.  Water sourcing and wastewater disposal:  two of the least worrisome aspects of Marcellus Shale development in Pennsylvania.  13 Duq. Bus. L.J. 169-191 (2011).

Abend, Katherine A.  Avoiding water-intensive energy production:  how to keep the water running and the lights on.  41 Envtl. L. Rep. News & Analysis 11020-11029 (2011).

Freney, Kate.  Reclaiming water in a thirsty world.  13 Asia Pac. J. Envtl. L. 207-224 (2010).

Thursday, February 9, 2012

Renewable Energy Sources and Climate Change Mitigation -- IPCC

IPCC, 2011: IPCC Special Report on Renewable Energy Sources and Climate Change Mitigation. Prepared by Working Group III of the Intergovernmental Panel on Climate Change [O. Edenhofer, R. Pichs-Madruga, Y. Sokona, K. Seyboth, P. Matschoss, S. Kadner, T. Zwickel, P. Eickemeier, G. Hansen, S. Schlömer, C. von Stechow (eds)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA, 1075 pp.

This report is an assessment of the literature on the scientific, technological, environmental, economic and social aspects of the contribution of six renewable energy (RE) sources to the mitigation of climate change. It is intended to provide policy relevant information to governments, intergovernmental processes and other interested parties. This Summary for Policymakers provides an overview of the SRREN, summarizing the essential findings. The SRREN consists of 11 chapters. Chapter 1 sets the context for RE and climate change; Chapters 2 through 7 provide information on six RE technologies, and Chapters 8 through 11 address integrative issues (see Figure SPM.1).

Wednesday, February 8, 2012

Information on the Quantity, Quality, and Management of Water Produced during Oil and Gas Production -- GAO

This report from the Government Accountability Office titled Information on the Quantity, Quality, and Management of Water Produced during Oil and Gas Production, (GAO-12-156, Jan 9, 2012), found that "A significant amount of water is produced daily as a byproduct from drilling of oil and gas. A 2009 Argonne National Laboratory study estimated that 56 million barrels of water are produced onshore every day, but this study may underestimate the current total volume because it is based on limited, and in some cases, incomplete data generated by the states.

In general, the volume of produced water generated by a given well varies widely according to three key factors: the hydrocarbon being produced, the geographic location of the well, and the method of production used... Generally, the quality of produced water from oil and gas production is poor, and it cannot be readily used for another purpose without prior treatment. The specific quality of water produced by a given well, however, can vary widely according to the same three factors that impact volume—hydrocarbon, geography, and production method.

Oil and gas producers can choose from a number of practices to manage and treat produced water, but underground injection is the predominant practice because it requires little or no treatment and is often the least costly option. According to federal estimates, more than 90 percent of produced water is managed by injecting it into wells that are designated to receive produced water. A limited amount of produced water is disposed of or reused by producers in other ways, including discharging it to surface water, storing it in surface impoundments or ponds so that it can evaporate, irrigating crops, and reusing it for hydraulic fracturing. Managing produced water in these ways can require more advanced treatment methods, such as distillation. How produced water is ultimately managed and treated is primarily an economic decision, made within the bounds of federal and state regulations.

The management of produced water through underground injection is subject to the Safe Drinking Water Act’s Underground Injection Control program, which is designed to prevent contamination of aquifers that supply public water systems by ensuring the safe operation of injection wells. Under this program, the Environmental Protection Agency (EPA) or the states require producers to obtain permits for their injection wells by, among other things, meeting technical standards for constructing, operating, and testing and monitoring the wells. EPA also regulates the management of produced water through surface discharges under the Clean Water Act. Other management practices, such as disposal of the water into surface impoundments, irrigation, and the reuse of the water for hydraulic fracturing, are regulated by state authorities.

Symposium on Legal Challenges and Opportunities for Offshore Wind and Hydrokinetic Energy Development in the Northeast -- Pace Law School

Symposium on Legal Challenges and Opportunities for Offshore Wind and Hydrokinetic Energy Development in the Northeast

The Symposium will be held on Friday, March 2, 2012 at the New York State Judicial Institute, on the campus of Pace Law School in White Plains, NY.


"President Obama’s 2011 State of the Union address outlined a target of meeting eighty percent of the United States’ electricity demand with clean energy sources by 2035. The Northeast is home to large centers of energy demand, as well as abundant offshore renewable energy resources and the region has a critical role to play in meeting the nation’s clean energy goals. The federal government and individual states are developing policy frameworks to foster greater offshore renewable energy development and private companies are moving forward with projects to capture wind and hydrokinetic energy in numerous areas along the Northeast coast. This one-day Symposium will focus on how federal and state legal frameworks regulate the development of offshore wind and hydrokinetic energy resources in the Northeast. Keynote speakers and panelists have been drawn from federal and state government agencies involved in policy making and permitting processes, environmental organizations, industry groups, legal practitioners, and academics with extensive expertise in these areas. Symposium attendees will be treated to in-depth discussions surrounding existing laws and proposed revisions to legal frameworks and policies that are driving and/or hindering the development of offshore wind and hydrokinetic facilities in the Northeast United States."

For more information about the Symposium, speakers and panelists, and to register, please visit:
4 CLE Practice Credits will be available at no charge (pending approval by the New York State Bar Association).

Colorado Roadless Rule -- USFS

Colorado has proposed a roadless rule (Colorado Roadless Rule) to govern access to wilderness areas within that state. The proposed Colorado Roadless Rule is a regulation specific to Colorado that, when finalized, would provide management direction for 4.2 million roadless acres of National Forest System lands in Colorado. A roadless area is undeveloped land that generally is at least 5,000 acres, and has a number of unique characteristics.

The Forest Service is inviting public comment on the proposed rule and Revised Draft Environmental Impact Statement (RDEIS) which is a product of ongoing and cooperative work with the State of Colorado that dates back to 2005.

Tuesday, February 7, 2012

2009 State of the Environment Report -- India Ministry of Environment and Forests

This State of the Environment Report (SoE) from the Ministry of Environment and Forest, Government of India, for 2009 (latest) "serves as a baseline document and assists in logical and information-based decision-making. The SoE Report aims to provide policy guidelines and strategies for resource allocation for the coming decades, based on analysis of the state and trends of the environment and provide guidance for national environmental action planning.

from the Executive Summary:
"The State of the Environment Report for India covers the state and trends of the environment (land, air, water, biodiversity) and five key issues - (1) Climate Change, (2) Food Security, (3) Water Security, (4) Energy Security, and (5) Managing Urbanization.

Land degradation is taking place through natural and man-made processes, resulting in the loss of invaluable
nutrients and lower food grain production. Loss of biodiversity is great concern since many plant and animal species are being threatened. Air quality in cities is deteriorating due to vehicular growth and a sharp increase in air pollution related diseases. The issue of availability of water, which is going to be one of the
critical problems in the coming decades, needs to be addressed on priority basis. Generation of large quantity of hazardous waste from industries, along with the hospital waste has been affecting public health and environment. Climate change and energy security are major concerns which need to be addressed
strategically. The SoE Report of India on environmental issues has been prepared, following the PSIR (Pressure-State-Impact-Response) framework.

The report provides an insight on various priority issues for India related to the current status of environment and natural resources, the pressures behind environmental changes and the impact associated with these changes. The report also assesses the Government's current and proposed policy initiatives or
programmes as a response to check and monitor further degradation of environment and also suggests policy options."

Wendell E. Berry named 41st Jefferson Lecturer in the Humanities -- NEH

Wendell E. Berry, noted poet, essayist, novelist, farmer, and conservationist, will deliver the 2012 Jefferson Lecture in the Humanities. The annual lecture, sponsored by the National Endowment for the Humanities (NEH), is the most prestigious honor the federal government bestows for distinguished intellectual achievement in the humanities.

"Berry will present the 41st Jefferson Lecture in the Humanities on Monday, April 23, 2012 at 7:30 PM at The John F. Kennedy Center for the Performing Arts in Washington, D.C. In the lecture, “It All Turns on Affection,” Berry will discuss man’s interaction with nature, as depicted in history, philosophy, and literature.

From the press release:

"In his writing and activism, Berry has spent his career meditating on our relationship and responsibilities to the land and community. He is the author of more than forty books of poems, essays, short stories, and novels, many of which draw on the traditional rural values of Berry’s native Kentucky.

From his first book of poetry, The Broken Ground (1964), Berry has explored themes of living in harmony with nature, and the bonds of marriage, family, and community. One of the most widely read poets in America, his collections of poetry include: There is Singing Around Me (1976), Clearing (1977), Entries: Poems (1994), A Timbered Choir: The Sabbath Poems 1979-1997 (1998), and Given (2005). A New York Times review of Berry’s Collected Poems, 1957-1982 (1985) described Berry’s style as “resonant with the authentic. The lyricism is not forced, but clearly grows out of a deep bond with the earth and its generosity, with all of nature…he can be said to have returned American poetry to a Wordsworthian clarity of purpose.”

In novels and short story collections such as Nathan Coulter (1960), A Place on Earth (1967), The Wild Birds: Six Stories of the Port William Membership (1986), and Jayber Crow (2000), Berry has chronicled generations of farming families in the changing landscape of a fictional small Kentucky town of Port William.

Berry’s influential volumes of essays such as The Unsettling of America: Culture and Agriculture (1977), Sex, Economy, Freedom and Community (1993), and Another Turn of the Crank (1995) have argued that American culture is rooted in its agrarian communities, and warned against abuse of the land and its resources."

When Fracking Comes to a Community Near You: An Ounce of Land Use Planning Is Worth a Pound of Cure -- ABA Webinar

When Fracking Comes to a Community Near You: An Ounce of Land Use Planning Is Worth a Pound of Cure  ABA CLE Webinar

Wednesday, 3/7/12
1:00PM - 2:30PM Eastern

1.5 CLE credits requested

Webinar and Teleconference

High volume hydraulic fracturing for natural gas is a controversial issue that impacts land use planning throughout the country. This program will
• look at perspectives from both sides of the issue;
• offer environmental and land use planning tips; and
• discuss recent litigation.

Monday, February 6, 2012

Simulating impacts of wind farms on local hydrometeorology - U of IL

Simulating impacts of wind farms on local hydrometeorology, a paper by Somnath Roy of the University of Illinois

"Wind power is one of the fastest growing energy sources in the world, most of the growth being in large wind farms that are often located on agricultural land near residential communities. This study explores the possible impacts of such wind farms on local hydrometeorology using a mesoscale model equipped with a rotor parameterization based on data from a commercial wind turbine. Results show that wind farms significantly affect near-surface air temperature and humidity as well as surface sensible and latent heat fluxes. The signs of the impacts, i.e., increase or decrease, depend on the static stability and total water mixing ratio lapse rates of the atmosphere. The magnitudes of these impacts are not only constrained by the hub-height wind speed but also depend to some extent on the size of the wind farms. Wind farms also affect the hydrometeorology of an area up to 18–23 km downwind. More work is required to conclusively estimate the length-scale of wind farm wakes. This study is one of the first few to provide realistic estimates of possible impacts of wind farms. The model developed and used in this study can help in assessing and addressing the environmental impacts of wind farms thereby ensuring the long-term sustainability of wind power. "

New Library Acquisitions -- Week of February 5, 2012

Treated wastewater in agriculture : use and impacts on the soil environment and crops / edited by Guy J. Levy, Pinchas Fine and Asher Bar-Tal

Climate change in the polar regions / John Turner and Gareth J. Marshall

Environmental law in Colombia / Daniel Rincón Rubiano

Climate Change.
Mediating climate change / Julie Doyle

Energy Policy.
Unlocking energy innovation : how America can build a low-cost, low-carbon energy system / Richard K. Lester and David M. Hart

Environmental Activism.
Sponsoring nature : environmental philanthropy for conservation / Maano Ramutsindela, Marja Spierenburg and Harry Wels

European Union.
Europe's environment : the third assessment

Deforestation and climate change / Dianna M. Agronne, editor

Greenhouse Gases.
Verifying greenhouse gas emissions : methods to support international climate agreements / Committee on Methods for Estimating Greenhouse Gas Emissions, Board on Atmospheric Sciences and Climate, Division on Earth and Life Studies, National Research Council of the National Academies

Human Rights.
The right to landscape : contesting landscape and human rights / edited by Shelley Egoz, Jala Makhzoumi, Gloria Pungetti

International Law.
International environmental law and world order : a problem-oriented coursebook / by Jonathan C. Carlson ... [et al.] ; with a contribution from David Bollier

Energy law in Italy / Fabiana Di Porto

Maritime Law.
Civil liability for marine oil pollution damage : a comparative and economic study of the international, US and the Chinese compensation regime / Wang Hui

A digest of the law of mining in Victoria [electronic resource] / by John M'Farland

Twenty years of ozone decline : proceedings of the Symposium for the 20th Anniversary of the Montreal Protocol / Christos Zerefos, Georgios Contopoulos, Gregory Skalkeas, editors

Ownership, property, and sustainability / Joseph L. Sax

Environmental literacy in science and society : from knowledge to decisions / Roland W. Scholz ; some chapters are coauthored by Claudia R. Binder ... [et al.]

Environmental law in Spain / Mar Campins Eritja ... [et al.]

Information technologies in environmental engineering : new trends and challenges / Paulina Golinska, Marek Fertsch, Jorge Marx-Gómez, editors

Urban Environment.

The EPA's Approaching Regulatory Avalanche -- Texas Public Policy Foundation

The EPA's Approaching Regulatory Avalanche, a report from the Texas Public Policy Foundation finds that there has been increasing regulatory activity on the part of the EPA and that the cumulative effect of these EPA rules which are scheduled to become effective in the next three years could cost more than $1 trillion and destroy hundreds of thousands of jobs.

"Four of the rules, directed at electric generation, threaten the fundamental viability of continued
coal-fired generation—now the mainstay of the nation’s electric power. The Federal Energy Reliability Commission (FERC), the National Electric Reliability Council (NERC), and multiple studies conclude that these four EPA rules risk the involuntary retirement of over 80 gigawatts (GW) of electric capacity by 2015.  The possibility of losing up to 8 percent of the country’s current 1,010 GW of electric generating capacity should be a wake-up call as to the magnitude of EPA’s regulatory agenda. On EPA’s current schedule, there is not sufficient lead time to replace this amount of the nation’s electric power supply.

Power outages, higher electric rates, job losses, sharply regressive impacts on families with low or fixed incomes, and the relocation of U.S. industries to foreign countries are highly likely outcomes under EPA’s regulatory plan.

This paper reviews 10 EPA rules now adopted, proposed, or scheduled for proposal:
1. Cross-State Air Pollution Rule (CSAPR);
2. Electric Utility Maximum Available Control Technology Standards for Hazardous Air Pollutants (Utility MACT);
3. Industrial Boiler MACT;
4. Portland Cement Kiln MACT;
5. Cooling Water Intake Structure Rule (CWIS);
6. Coal Combustion Residuals Rule (CCR);
7. Ozone National Ambient Air Quality Standard (NAAQS);
8. Particulate Matter (PM) NAAQS;
9. Greenhouse Gas (GHG) Regulation of Stationary Sources;

10. GHG

2012 National Environmental Law Moot Court Competition -- Pace Law School

2012 National Environmental Law Moot Court Competition sponsored by Pace Law School

Since 1989, student advocates from across the United States and Canada have participated in the National Environmental Law Moot Court Competition hosted by Pace Law School in White Plains, New York. Recognized as the preeminent environmental law moot in the United States, the moot tests skills in appellate brief writing and oral advocacy on issues drawn from real cases, providing experience in environmental litigation first hand. The Moot draws in excess of 200 competitors from diverse law schools and 200 attorneys who serve as judges for three days of oral arguments to create a rigorous academic experience. The Competition is distinctive in that three adverse teams argue the issues, reflecting the fact that environmental litigation frequently involves multiple parties - the government, a public interest group and a member of the regulated industry. Teams write and file their briefs for their respective parties in early December and come to the Pace campus in February for the oral phase of the Competition. Those with the highest combined scores for both the written brief and oral argument advance to succeeding rounds. Previous legal problems have included illegal dumping of hazardous waste, vicarious criminal liability of corporate officers for their company's environmental crimes and commerce clause limits on water pollution regulation.

National Environmental Law Moot Court Competition
Preston Hall, 212
Pace Law School
78 North Broadway
White Plains, NY 10603
(914) 422.4413 (phone)
(914) 422.4261 (fax)

Thursday, February 2, 2012

7th Annual Student Summit of the Environmental Consortium -- Environmental Consortium of Hudson Valley Colleges & Universities

7th Annual Student Summit of the Environmental Consortium Featuring an Environmental Career and Graduate Program Fair

Time: 11:30am – 4:30pm
Date: Friday, April 13, 2012
Location: Manhattanville College, Reid Castle, 2900 Purchase Street, Purchase, NY

The event is FREE for students and lunch is included! Open to all higher education students in the region. All majors are welcome.

The Summit program will conclude with a career and graduate program fair giving students interested in the environmental arena a unique opportunity to network with exhibitors from diverse fields and higher education institutions offering environmentally related graduate programs. Opportunities will include employment, internships, research, and volunteer positions.

Details and registration are forthcoming and will be posted to RSVP will be required.

Sponsors: Manhattanville College & Pace Academy for Applied Environmental Studies

The Greening of Consumer Products: Legal, Regulatory, and Strategic Considerations -- BNA Webinar

The Greening of Consumer Products: Legal, Regulatory, and Strategic Considerations a Bloomberg BNA Webinar


Tuesday, February 7

1:00 PM – 2:30 PM (ET

Consumer product manufacturers are challenged today as never before. Materials selection for consumer products invites a dizzying range of considerations: Are the chemicals hormone disruptors, carcinogens, or persistent, bioaccumulative, and toxic? What toxicogenomic biomarkers might make the product the next celebrity tort case? What labeling requirements apply? What are the implications of genetic variations among the demographic to which the product is to be marketed?

These considerations invite legal, marketing, and technical issues that go well beyond questions of core compliance with the law. What exactly is the professional’s role? How are regional differences in regulatory standards, consumer perceptions, ingredient restrictions, and related factors to be addressed? Given the complexity of the global issues and the high stakes involved, what must a professional do to remain competent, socially aware, and scientifically proficient? This webinar will explore these questions and more.

The Webinar will help you:

Identify the core concepts of green product development and the maturation of conventional environmental protection themes on which green product steward concepts rely.

Describe the diversity of legal and regulatory authorities, domestic and international, that are relevant to chemical, industrial, and consumer product manufacturers from a legal compliance perspective.

Analyze the role of private party standards and evolving concepts of product stewardship in product design and management.

Address the trends and emerging themes embedded in the commercial value chain that must be monitored to be competitive and successful.

Explore the challenges and value of green product marketing.

Develop basic strategies for legal compliance and commercial success in green product marketing.

Out of the Abyss: Transforming EU Rules to Protect the Deep Sea -- Pew

 Out of the Abyss: Transforming EU Rules to Protect the Deep Sea is a report by the Pew Research Center that summarises the current problems in the regulation of deep-sea fisheries in the northeast Atlantic by the EU, including weak catch and effort limits, lack of knowledge of the status of deep-sea fish stocks and the impact of fishing; incomplete deep-sea species coverage; deficient monitoring and control measures; significant data and reporting gaps; and a lack of sufficient measures to ensure sustainability and protect vulnerable deep-sea ecosystems such as cold-water coral reefs from the harmful impacts of bottom fisheries.

Various assessments have found that the EU’s deep-sea fisheries management regime for the northeast Atlantic is inadequate, poorly enforced, and inconsistent with EU and international principles, agreements and legal obligations for the sustainable management of fisheries. As a result, leading scientific authorities have concluded that the EU’s fisheries for deep-sea species in the northeast Atlantic are ‘outside safe biological limits’ and that deep-sea fishing should be significantly reduced or ended entirely.

National Forest System Land Management Planning Rule -- USDA

 Final Programmatic Environmental Impact Statement (PEIS) for the National Forest System Land Management Planning Rule provides fora new planning rule for the National Forest System.  The highlights include:

•Plans must include components that seek to restore and maintain forests and grasslands.

•Plans would include requirements to maintain or restore watersheds, water resources, water quality including clean drinking water, and the ecological integrity of riparian areas.

•Plans would be required to provide habitat for plant and animal diversity and species conservation. These requirements are intended to keep common native species common, contribute to the recovery of threatened and endangered species, conserve proposed and candidate species, and protect species of conservation concern.

•Plans would provide for multiple uses, including outdoor recreation, range, timber, watershed, wildlife and fish.

•Plans would be required to provide opportunities for sustainable recreation, and to take into account opportunities to connect people with nature.

•Opportunities for public involvement and collaboration would be required throughout all stages of the planning process. The preferred alternative would provide opportunities for Tribal consultation and coordination with state and local governments and other federal agencies, and includes requirements for outreach to traditionally underrepresented communities.

•Plans require the use of the best available scientific information to inform the planning process and documentation of how science was used in the plan.

•The planning framework provides a more efficient and adaptive process for land management planning, allowing the Forest Service to respond to changing conditions.