Wednesday, December 22, 2010

Recent Federal Legislation -- through PL-321

Public Law No: 111-307; S.1421: Asian Carp Prevention and Control Act
Sponsor: Sen Levin, Carl [MI] (introduced 7/9/2009)
Cosponsors (9)
Committees: Senate Environment and Public Works
Senate Reports: 111-181
GPO: Text, PDF

Public Law No: 111-315; H.R.6184 : To amend the Water Resources Development Act of 2000 to extend and modify the program allowing the Secretary of the Army to accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits, and for other purposes.
Sponsor: Rep Larsen, Rick [WA-2] (introduced 9/22/2010)
Cosponsors (13)
Committees: House Transportation and Infrastructure
GPO: Text, PDF

New Library Acquisitions -- Week of December 20, 2010

Climate Change
Reducing poverty, protecting livelihoods, and building assets in a changing climate : social implications of climate change in Latin America and the Caribbean / Dorte Verner, editor

Energy Law
Energy and environmental project finance law and taxation : new investment techniques / edited by Andrea S. Kramer and Peter C. Fusaro

Environmental Economics
The economics of ecosystems and biodiversity : ecological and economic foundations / edited by Pushpam Kumar

Genetic Modification
Governing risk in GM agriculture / editors, Michael Baram, Mathilde Bourrier

Global Warming
Climatopolis : how our cities will thrive in the hotter future / Matthew E. Kahn

Indigenous Peoples
Indigenous peoples and climate change in Latin America and the Caribbean / Jakob Kronik and Dorte Verner

Natural Resources Defence Council
A force for nature : the story of NRDC and the fight to save our planet / John H. Adams & Patricia Adams, with George Black ; foreword by Robert Redford

Global ocean management in partnership / Iris Wigger

Lawscape : property, environment, law / Nicole Graham

Sustainable Development
Sustainable development in world investment law / edited by Marie-Claire Cordonier Segger, Markus W. Gehring, Andrew Newcombe

Water Law
Privatizing water : governance failure and the world's urban water crisis / Karen Bakker

Chromium-6 Is Widespread in US Tap Water

Laboratory tests commissioned by Environmental Working Group (EWG) have detected hexavalent chromium, the carcinogenic “Erin Brockovich chemical,” in tap water from 31 of 35 American cities. The highest levels were in Norman, Okla.; Honolulu, Hawaii; and Riverside, Calif. In all, water samples from 25 cities contained the toxic metal at concentrations above the safe maximum recently proposed by California regulators.

Wednesday, December 15, 2010

Second Symposium on Advanced Legal Topics in Land Conservation -- CLE

Second Symposium on Advanced Legal Topics in Land Conservation
February 7-8, 2011 | Boston, Massachusetts

This program will discuss these complex legal issues. Offering:

• Consideration of the implications of IRS scrutiny and strategy
• Things you might rarely consider in an easement template that are key to effective drafting
• Ways to help reframe the role of land trusts in balancing multiple global objectives
• A review of the five most important case developments and their implications
• Enforcement, prevention and strategies for dealing with angry landowners, aggressive neighbors and apprehensive boards
• Development of collaborative strategies to anticipate evolving challenges

-Staff and board of Alliance Member Land Trusts - $475
-Partners and others - $575
-Students - $325

Fee includes continental breakfast and training on Monday and Tuesday, course materials, and Monday evening reception.

11th National Conference on Science, Policy and the Environment: Our Changing Oceans

The National Council for Science and the Environment (NCSE) presents the 11th National Conference on Science, Policy and the Environment: Our Changing Oceans on January 19-21, 2011 in Washington, DC. Our Changing Oceans will be held at the Ronald Reagan Building and International Trade Center.

This year, the conference will provide a forum to address the crisis facing our oceans, new knowledge and innovative tools to address the challenge, and the policy and governance needed to restore and protect the oceans.

Our Changing Oceans will bring together scientists, professionals, policy makers, university faculty and students, and educated citizens from a wide range of disciplines to share their perspectives and work to address the topic at hand.

NCSE utilizes a multi-disciplinary and multi-sectoral approach to convene involved scientists and decision-makers from various sectors of society. Our conferences include renowned speakers, topical symposia to explore issues more in depth, and breakout sessions to develop a set of recommendations on how to advance science and connect it to policy and decision-making.

Our Changing Oceans is divided into eight themes, each with several breakout sessions and symposia.

Nonprofit Writing Stinks! Bring Your Writing Back to Life -- Webinar

Learn how to write like the smart, passionate person you are, instead of the wonky, dead-inside droid many nonprofit staff sound like!

Thursday, January 13, 2011
1:00 - 2:00 p.m. Eastern (10:00 - 11:00 a.m. Pacific)

Recent Law Review Articles -- December 2010

Kallen, Cid R. Comment. Local procedure contradicting legislative intent: where governmental processes fail to comply with requirements set forth by applicable statutes. 2 Phoenix L. Rev. 341-359 (2009).

Endres, A. Bryan and Michaela N. Tarr. United States food law update: initial food safety restructuring efforts, poultry production contract reforms and genetically engineered rice litigation. 6 J. Food L. & Pol’y 103-138 (2010).

Fershee, Joshua P. The geothermal bonus: sustainable energy as a by-product of drilling for oil. 85 N.D. L. Rev. 893-905 (2009).

Rice, Colleen J. North Dakota Century Code section 17-04-06: the first step toward a level playing field for wind projects and rural landowners. 85 N.D. L. Rev. 723-757 (2009).

Crofton, Peter M. Alternative fuels and developing nations: who will pay the piper? 24 Emory Int’l L. Rev. 185-207 (2010).

Adair, Robert L. Note. Monkeys and horses and ferrets...oh my! Non-traditional service animals under the ADA. 37 N. Ky. L. Rev. 415-439 (2010).

Breslin, Luke P. Comment. Reclaiming the glory in the ‘sport of kings’ — uniformity is the answer. 20 Seton Hall J. Sports & Ent. L. 297-330 (2010).

Kotloff, Eric. Note. All dogs go to heaven...or divorce court: New Jersey un”leashes” a subjective value consideration to resolve pet custody litigation in ... (Houseman v. Dare, 966 A.2d 24, 2009.) 55 Vill. L. Rev. 447-474 (2010).

Franckx, Erik. The legal regime of navigation on the Russian Arctic. 18 J. Transnat’l L. & Pol’y 327-342 (2009).

Joyner, Christopher C. The legal regime for the Arctic Ocean. 18 J. Transnat’l L. & Pol’y 195-245 (2009).

Molenaar, Erik J. Arctic marine shipping: overview of the international legal framework, gaps, and options. 18 J. Transnat’l L. & Pol’y 289-325 (2009).

Symposium: Arctic Law in an Era of Climate Change. Articles by Ted McDorman, Christopher C. Joyner, Timo Koivurova, Erik J. Molenaar, David L. VanderZwaag and Erik Franckx; comments by Kathryn Isted and Jennifer Kilinski. 18 J. Transnat’l L. & Pol’y 155-417 (2009).

Masarek, Adam. Comment. Treetop view of the cathedral: plant variety protection in South and Southeast Asian least-developed countries. 24 Emory Int’l L. Rev. 433-467 (2010).

Levinson, Ariana R. Lawyers as problem-solvers, one meal at a time: a review of Barbara Kingsolver’s Animal, Vegetable, Miracle. 15 Widener L. Rev. 289-300 (2009).

Sigman, Hilary. Environmental liability and redevelopment of old industrial land. 53 J.L. & Econ. 289-306 (2010).

Burleson, Elizabeth. China in context: energy, water, and climate cooperation. 36 Wm. Mitchell L. Rev. 950-967 (2010).

Harris, Paul G. China and climate change: from Copenhagen to Cancun. 40 Envtl. L. Rep. News & Analysis 10858-10863 (2010).

Chang, Hannah. Cap and trade under the Clean Air Act?: rethinking § 115. 40 Envtl. L. Rep. News & Analysis 10894-10904 (2010).

Mullins, Timothy J. and M. Rhead Enion. (If) things fall apart: searching for optimal regulatory solutions to combating climate change under Title I of the existing CAA if congressional action fails. 40 Envtl. L. Rep. News & Analysis 10864-10886 (2010).

Richardson, Nathan. International greenhouse gas offsets under the Clean Air Act. 40 Envtl. L. Rep. News & Analysis 10887-10893 (2010).

Maccabee, Paula Goodman. Mercury, mining in Minnesota, and Clean Water Act protection: a representative analysis based on the proposed PolyMet NorthMet Project. 36 Wm. Mitchell L. Rev. 1110-1156 (2010).

Bowers, Nicholas D. Comment. California dreamin’? Why California’s 2006 climate change legislation may pave the way for a global greenhouse solution. 22 Temp. Int’l & Comp. L.J. 471-498 (2008).

Brewster, Rachel. Stepping stone or stumbling block: incrementalism and national climate change legislation. 28 Yale L. & Pol’y Rev. 245-312 (2010).

Gaynor, Kevin A., Benjamin S. Lippard and Margaret E. Peloso. Challenges plaintiffs face in litigating federal common-law climate change claims. 40 Envtl. L. Rep. News & Analysis 10845-10857 (2010).

Grossman, Margaret Rosso. Climate change and the law. 58 Am. J. Comp. L. 223-255 (2010).

Kilinski, Jennifer. Comment. International climate change liability: a myth or a reality? 18 J. Transnat’l L. & Pol’y 377-417 (2009).

Lightfoot, Thaddeus R. Climate change and environmental review: addressing the impact of greenhouse gas emissions under the Minnesota Environmental Policy Act. 36 Wm. Mitchell L. Rev. 1068-1109 (2010).

Markell, David and J.B. Ruhl. An empirical study of climate change litigation in the United States. 40 Envtl. L. Rep. News & Analysis 10644-10655 (2010).

Schaefer, Jason. A market-based approach: the best way to transition to a new energy economy while meeting the responsibility to address global climate change—a North Dakota perspective. 85 N.D. L. Rev. 849-891 (2009).

Super wicked problems and climate change: restraining the present to liberate the future. Article by Richard J. Lazarus; responses by Keith Cole, Mary D. Nichols and Jeanette M. Soares; reply by Richard J. Lazarus. 40 Envtl. L. Rep. News & Analysis 10749-10767 (2010).

Badrinarayana, Deepa. India’s integrated energy policy: a source of economic nirvana or environmental disaster? 40 Envtl. L. Rep. News & Analysis 10706-10712 (2010).

Riva Palacio Lavín, Antonio. Comments on the reforms to the Mexican energy laws of 2008. 15 ILSA J. Int’l & Comp. L. 629-650 (2009).

Cremer, Jacob T. Fighting the lure of the infinite: lease conservation easements at the urban fringe. 40 Envtl. L. Rep. News & Analysis 10687-10695 (2010).

Whalley, John and Sean Walsh. Post-Copenhagen negotiation issues and the North-South divide. 8 Seattle J. for Soc. Just. 773-817 (2010).

Rowell, Arden. The cost of time: haphazard discounting and undervaluation of regulatory benefits. 85 Notre Dame L. Rev. 1505-1542 (2010).

Ramlogan, Rajendra. Creating international crimes to ensure effective protection of the environment. 22 Temp. Int’l & Comp. L.J. 345-407 (2008).

Clark, Tony. If cap and trade is the answer, somebody is asking the wrong question: an evaluation of cap and trade in the North Dakota context. 85 N.D. L. Rev. 825-847 (2009).

Ezroj, Aaron. How cap and trade will fuel the global economy. 40 Envtl. L. Rep. News & Analysis 10696-10705 (2010).

Harrison, Rachel Feinberg. Comment. Carbon allowances: a new way of seeing an invisible asset. 62 SMU L. Rev. 1915-1944 (2009).

Goble, Dale D. A fish tale: a small fish, the ESA, and our shared future. 40 Envtl. L. 339-362 (2010).

Rethinking the ESA to reflect human dominion over nature. Article by Katrina Miriam Wyman; responses by Wm. Robert Irvin, Richard P. Johnson and Steven P. Quarles. 40 Envtl. L. Rep. News & Analysis 10803-10818 (2010).

Pierce, David E. Minimizing the environmental impact of oil and gas development by maximizing production conservation. 85 N.D. L. Rev. 759-779 (2009).

Schaefer, Jason. A market-based approach: the best way to transition to a new energy economy while meeting the responsibility to address global climate change—a North Dakota perspective. 85 N.D. L. Rev. 849-891 (2009).

Burger, Michael. “It’s not easy being green”: local incentives, preemption problems, and the market participation exception. 78 U. Cin. L. Rev. 835-889 (2010).

Deatherage, Scott D., et al. Environmental law. 62 SMU L. Rev. 1119-1148 (2009).

Environmental law updates. 17 Mo. Envtl. L. & Pol’y Rev. 631-646 (2010).

Recent developments. In the Congress. 40 Envtl. L. Rep. News & Analysis 10922-10930 (2010).

Recent developments. In the courts. 40 Envtl. L. Rep. News & Analysis 10930-10931 (2010).

Recent developments. In the federal agencies. 40 Envtl. L. Rep. News & Analysis 10932-10935 (2010).

Recent developments. In the state agencies. 40 Envtl. L. Rep. News & Analysis 10935-10941 (2010).

Recent developments. In the Congress. 40 Envtl. L. Rep. News & Analysis 10819-10823 (2010).

Recent developments. In the courts. 40 Envtl. L. Rep. News & Analysis 10824-10825 (2010).

Recent developments. In the federal agencies. 40 Envtl. L. Rep. News & Analysis 10825-10829 (2010).

Recent developments. In the state agencies. 40 Envtl. L. Rep. News & Analysis 10829-10835 (2010).

Leibovitch, Emilie H. European Union food law update: a special look at the Treaty of Lisbon and its impact on European agricultural policy. 6 J. Food L. & Pol’y 139-149 (2010).

Nicholson, Wes. Comment. Getting to here: bioregional federalism. 40 Envtl. L. 713-764 (2010).

Kalaidjian, Willa. Comment. Fishing for solutions: the European Union’s fisheries partnership agreements with West African costal states and the call for effective regional oversight in an exploited ocean. 24 Emory Int’l L. Rev. 389-431 (2010).

Ketchum, Brandee. Splitting scales: conflicting national and regional attempts to manage commercial aquaculture in the Exclusive Economic Zone. 6 J. Food L. & Pol’y 1-30 (2010).

Watts, Daniel. Student article. Capping deforestation emissions in developing countries equitably and effectively. 8 Seattle J. for Soc. Just. 819-856 (2010).

Johnston, Craig. Brief for Natural Resources Defense Council as amici curiae supporting respondent, Monsanto v. Geertson Seed Farms, No. 09-475 U.S., 2010. 40 Envtl. L. 687-711 (2010).

Smith, Thomas C. Note. Global warming & common law tort claims: did the Fifth Circuit open up Pandora’s box. (Comer v. Murphy Oil USA, 585 F.3d 855, 2009.) 17 Mo. Envtl. L. & Pol’y Rev. 559-587 (2010).

Fruth, Darrell A. and Joseph A. Ponzi. Adjusting carbon management policies to encourage renewable, net-negative projects such as biochar sequestration. 36 Wm. Mitchell L. Rev. 992-1013 (2010).

Symposium. Carbon Management and the Law. Foreword by Mehmet Konar-Steenberg; articles by Megan J. Hertzler, Mara N. Koeller, Elizabeth Burleson, Andrew Long, Darrell S. Fruth, Joseph A. Ponzi, Lisa Anne Hamilton and Thaddeus R. Lightfoot. 36 Wm. Mitchell L. Rev. 899-1109 (2010).

Foster, Elise. How the government can create incentives for archaeological site protection without an increase in spending: allow federal land managers to retain civil penalties and restitution collected in ARPA cases; make restitution in ARPA cases mandatory. 13 Great Plains Nat. Resources J. 29-38 (2010).

Hutt, Sherry. The Archaeological Resources Protection Act at 30: permits for data recovery on federal lands, a law and policy analysis. 13 Great Plains Nat. Resources J. 12-28 (2010).

Winter, Karly C. Note. Saving Bear Butte and other sacred sites. 13 Great Plains Nat. Resources J. 71-84 (2010).

Koller-Armstrong, Lauren. Note. This land is our land: indigenous rights and rural development in Darién, Panama. 5 Fla. A&M U. L. Rev. 219-249 (2010).

Affolder, Natasha. The market for treaties. 11 Chi. J. Int’l L. 159-196 (2010).

Kyoto at the local level: federalism and translocal organizations of government actors (TOGAS). Article by Judith Resnik, Joshua Civin and Joseph Frueh; responses by Bill Becker, et al. 40 Envtl. L. Rep. News & Analysis 10768-10782 (2010).

Claeys, Eric R. Jefferson meets Coase: land-use torts, law and economics, and natural property rights. 85 Notre Dame L. Rev. 1379-1446 (2010).

The quiet revolution revived: sustainable design, land use regulation, and the states. Article by Sara C. Bronin; responses by Lavea Brachman, et al. 40 Envtl. L. Rep. News & Analysis 10733-10748 (2010).

Roberts, Lori A. Topping palm trees in the name of CC&R enforcement: a proposal to temper CC&R enforcement with common sense. 51 S. Tex. L. Rev. 413-438 (2009).

Salcido, Rachael E. Law applicable on the outer continental shelf and in the Exclusive Economic Zone. 58 Am. J. Comp. L. 407-435 (2010).

Moorefield, Michael A. Note. The times are they a-changin’?: what Kivalina says about the state of environmental “political questions.” (Native Village of Kivalina v. ExxonMobil Corp., 663 F. Supp. 2d 863, 2009.) 17 Mo. Envtl. L. & Pol’y Rev. 606-630 (2010).

Kim, In Hyeon. Korean maritime law update: 2009. 41 J. Mar. L. & Com. 369-383 (2010).

Lou, Huijie and Miao Li. Reviewing recent developments in Chinese maritime law. 41 J. Mar. L. & Com. 403-419 (2010).

Moreira, A. William, et al. Canadian maritime law update: 2009. 41 J. Mar. L. & Com. 317-344 (2010).

Wagener, Michael. South African maritime law update: 2009. 41 J. Mar. L. & Com. 385-402 (2010).

White, Michael and Alex Molloy. Australian maritime law update: 2009. 41 J. Mar. L. & Com. 283-315 (2010).

Giese, Collette L. Adkins. Spreading its wings: using the Migratory Bird Treaty Act to protect habitat. 36 Wm. Mitchell L. Rev. 1157-1178 (2010).

Wilger, Shea. Note. Liability of national parks to visitors: ... (Lashley v. United States, 2006 WL 2788243.) 13 Great Plains Nat. Resources J. 55-70 (2010).

Grijalva, James M. and Daniel E. Gogal. The evolving path toward achieving environmental justice for Native America. 40 Envtl. L. Rep. News & Analysis 10905-10913 (2010).

Rosser, Ezra. Ahistorical Indians and reservation resources. 40 Envtl. L. 437-550 (2010).

Brown, Richard F. Oil, gas and mineral law. 62 SMU L. Rev. 1317-1344 (2009).

Solving the U.S. nuclear waste dilemma. Article by Richard B. Stewart; responses by Thomas B. Cochran, et al. 40 Envtl. L. Rep. News & Analysis 10783-10802 (2010).

Hatch, Benjamin D. Comment. Dividing the pie in the sky: the need for a new lunar resources regime. 24 Emory Int’l L. Rev. 229-294 (2010).

Holley, Cameron. Removing the thorn from new governance’s side: examining the emergence of collaboration in practice and the roles for law, nested institutions, and trust. 40 Envtl. L. Rep. News & Analysis 10656-10686 (2010).

Pendery, Bruce M. BLM’s retained rights: how requiring environmental protection fulfills oil and gas lease obligations. 40 Envtl. L. 599-685 (2010).

Scheel, Lindsey. Case comment. Oil and gas law—rent or royalties: North Dakota joins the majority of states in adopting the “at the well” rule for calculating royalties on oil and gas leases. (Bice v. Petro-Hunt, L.L.C., 768 N.W.2d 496, 2009.) 85 N.D. L. Rev. 919-942 (2009).

Mounteer, Tom. Dodging a bullet with the renewable fuels standard. 40 Envtl. L. Rep. News & Analysis 10635-10636 (2010).

Krienitz, Jay and Susan Damon. “The rivers belong to the people!”: the history and future of wild and scenic river protection in Minnesota. 36 Wm. Mitchell L. Rev. 1179-1270 (2010).

Symposium. North Dakota Energy Law: The Production, Conservation, and Regulation of Our State’s Diverse Energy Sources. Introduction by Owen L. Anderson; articles by Colleen J. Rice, David E. Pierce, Ronald H. Rosenberg, Tony Clark, Jason Schaefer and Joshua P. Fershee; remarks by Christopher A. Schindler; case comment by Lindsey Scheel. 85 N.D. L. Rev. 715-942 (2009).

Ogolla, Christopher. What are the policy implications of use of epidemiological evidence in mass torts and public health litigation? 23 St. Thomas L. Rev. 157-186 (2010).

Rosenthal, Brent M. Toxic torts and mass torts. 62 SMU L. Rev. 1483-1497 (2009).

More, Joshua R. and Melinda W. Hahn. Making the case for causation in toxic tort cases: Superfund rules don’t apply. 40 Envtl. L. Rep. News & Analysis 10640-10643 (2010).

Long, Andrew. Tropical forest mitigation projects and sustainable development: designing U.S. law for a supportive role. 36 Wm. Mitchell L. Rev. 968-991 (2010).

Lord, Charles and Keaton Norquist. Cities as emergent systems: race as a rule in organized complexity. 40 Envtl. L. 551-597 (2010).

Lawson, Kameron M. Note. Washing machines, water efficiency, and federal preemption: California’s quest to regulate water consumption under the EPCA. (California Energy Commission v. Department of Energy, 585 F.3d 1143, 2009.) 17 Mo. Envtl. L. & Pol’y Rev. 536-558 (2010).

Lewis, Matthew C. Comment. Thirsty for change: desalination as a practical and environmentally friendly answer to California’s growing water shortage. 44 U.S.F.L. Rev. 933-953 (2010).

Sanders, Aaron. Note. Decades of uncertainty end with error. (Entergy Corp. v. Riverkeeper, Inc., 129 S. Ct. 1498, 2009.) 17 Mo. Envtl. L. & Pol’y Rev. 588-605 (2010).

Steinhoff, Gordon. Interpreting the Wilderness Act of 1964. 17 Mo. Envtl. L. & Pol’y Rev. 492-535 (2010).

Anderson, Arthur J. Zoning and land use. 62 SMU L. Rev. 1527-1544 (2009).

Thursday, December 9, 2010

Commercial Lighting Solutions Web Tool: Improve Your Building Efficiency

The U.S. Department of Energy's Commercial Lighting Solutions interactive Web tool provides best practices lighting solutions for offices and box retail in both new and existing buildings. The Web tool will benefit lighting practitioners and non-experts alike. Strategies include the use of high-performance commercially available products, daylighting, and lighting controls within integrated design examples. This Webinar will explore the tool's capabilities and how to get a detailed estimate of energy savings compared to energy codes or pre-existing conditions using equipment quantities, chosen lighting controls, and performance specifications.

Target Audience: Commercial builders, commercial business owners, architects, lighting designers, electrical engineers, electrical contractors, electrical distributors, energy program managers, lighting manufacturers, researchers, and educators.

Presenter: Carol Jones, Program Manager, Lighting, Pacific Northwest National Laboratory

Tuesday, December 14
12:00 - 1:30 p.m. Easter

Wednesday, December 8, 2010

New Library Acquisitions -- Week of December 6, 2010

A river of waste [videorecording] : the hazardous truth about factory farms / Tumbleweed Arts presents ; a Don McCorkell film ; produced and directed by Don McCorkell

Sustainable development in practice : lessons learned from Amazonas / Virgilio M. Viana

Beastly natures : animals, humans, and the study of history / edited by Dorothee Brantz

Dead planet, living planet : biodiversity and ecosystem restoration for sustainable development : a rapid response assessment / Christian Nellemann (editor in chief), Emily Corcoran

Chesapeake Bay
Fight for the Bay : why a dark green environmental awakening is needed to save the Chesapeake Bay / Howard R. Ernst

Climate Change
Climate change and children : a human security challenge / UNICEF Innocenti Research Centre in cooperation with UNICEF Programme Division

The climate fix : what scientists and politicians won't tell you about global warming / Roger Pielke, Jr

ClimateWire [electronic resource]

Fixing the sky : the checkered history of weather and climate control / James Rodger Fleming

Greenhouse governance : addressing climate change in America / Barry G. Rabe, editor

Smart solutions to climate change : comparing costs and benefits / edited by Bjørn Lomborg

Statehouse and greenhouse : the emerging politics of American climate change policy / Barry G. Rabe

Energy explained / Vikram Janardhan and Bob Fesmire

Energy Policy
Energy efficiency and renewable energies in town planning law = Energieeffizenz und erneuerbare Energien im Städtebaurecht / Stephan Mitschang (ed./Hrsg.)

Technological learning in the energy sector : lessons for policy, industry and science / edited by Martin Junginger, Wilfried van Sark, André Faaji

Environmental Policy
Knowledge and environmental policy : re-imagining the boundaries of science and politics / William Ascher, Toddi Steelman, and Robert Healy

Recasting transboundary fisheries management arrangements in light of sustainability principles : Canadian and international perspectives / edited by Dawn A. Russell and David L. VanderZwaag

International Law
A new environmental order : laying the legal and administrative foundation for global environmental governance / Deepa Badrinarayana

Environmental protection legislation : a collection of Israel's primary and subsidiary legislation on the protection of the ecology, in English translation, up-to-date as of August 1, 2008

Land Use
Managing the mountains : land use planning, the New Deal, and the creation of a federal landscape in Appalachia / Sara M. Gregg

NIMBY wars : the politics of land use / P. Michael Saint, Robert J. Flavell, Patrick F. Fox

Law of the Sea
Histoire des origines, des progrès et des variations du droit maritime international [microform] / par L.-B. Hautefeuille

Marine Resources
Ocean zoning : making marine management more effective / Tundi Agardy

National Parks
Uncertain path : a search for the future of national parks / William C. Tweed ; with a foreword by Jonathan B. Jarvis

New York State
New York State freshwater wetlands mapping [microform] : technical methods statement : prepared pursuant to article 24 of the Environmental Conservation Law

Peace Parks
Peace parks for mountain forests : the law and policy of transforming conflict to stewardship / by Elaine C. Hsiao, under the guidance of Professor Nicholas Robinson

SJD dissertation on public participation in South and North Korean environmental laws] / Byungchun So, Pace University School of Law

Risk Analysis
The application of the precautionary principle in practice : comparative dimensions / Joakim Zander

Principles of environmental sciences / edited by Jan J. Boersema, Lucas Reijnders

Water Resources
Introduction to water resources and environmental issues / Karrie Lynn Pennington, Thomas V. Cech

Annual Electric Power Industry Report data files

This is an electric utility data file that includes such information as peak load, generation, electric purchases, sales, revenues, customer counts and demand-side management programs, green pricing and net metering programs, and distributed generation capacity. The data source is the survey Form EIA-861, "Annual Electric Power Industry Report." Data for all years are final.

Wind Power Romania 2011

Wind Power Romania allows you to network with like-minded experts and hear case studies, not sales pitches, directly applicable to you and your business.
The programme has been shaped by the industry’s thought leaders and it will equip you with the knowledge you need to maintain your projects’ momentum throughout 2011:

■ Securing Project Finance: what are investors looking for? How can you avoid the traps that stall investment? Do you understand their appetite for risk and are you applying robust due diligence, bankability and risk assessments and developing credible cost benchmarks?
■ Doing business in the region: is your firm able to navigate local legislation to expedite Environmental Impact Assessments and relevant permits?
■ Connecting to the Grid: what are Transelectrica’s plans for the future? How will the system cope with the variability of wind power?
■ Leveraging new technologies: how will your company make use of techniques that will allow you to improve forecasting and reduce the risk of poorly-planned parks?
■ Legislative framework to support renewables: find out how the government will support development of Wind Parks as the legislation evolves to support RES targets.
■ Return on Investment: how will the market for green certificates evolve and what impact will they have on the viability and bankability of your projects?

The North Sea Countries' Offshore Grid Initiative Memorandum of Understanding

A Memorandum of Understanding was signed today by 10 North Sea countries. The ten countries have committed to work together to identify and overcome the regulatory, legal, market, planning and technical issues involved in creating a North Sea grid.

2010 Report on Ethanol Market Concentration -- FTC

The market for ethanol fuel in the United States is still unconcentrated, with 160 firms nationwide either producing ethanol or likely to be in production within the next 18 months, according to the Federal Trade Commission’s 2010 report on the state of U.S. ethanol production. The FTC report is the agency’s sixth annual report on ethanol market concentration. In the report, staff calculated market concentration for the ethanol production industry using different measures. It concluded that as of September 2010, there were the same number of ethanol producers in the United States as were listed in the FTC’s 2009 report. The largest ethanol producer’s share of capacity increased slightly to 12 percent of domestic ethanol production capacity – above the 11 percent share in 2008 and 2009, but still below the largest producer’s capacity share, between 2000 and 2007, which ranged from 16 percent in 2007 to 41 percent in 2000."

Wednesday, December 1, 2010

Food Security, Farming, and Climate Change to 2050: Scenarios, Results, Policy Options -- IFPI

This report by the International Food Policy Research Institute, copyright dated 2010, provides an analysis of the scope of climate change as it relates to food security, including who will be most affected and what policymakers can do to facilitate adaptation.

Using empirical analysis, the authors suggest that policymakers should take into account (1) the value of broad-based sustainable development, (2) the power of investments to enhance agricultural productivity, (3) the importance of an open world trade system, and (4) the need for early action on both adaptation and mitigation. As policymakers in the developing world well know, neither food security nor climate change can be viewed in isolation. This report will be indispensible to readers trying to tackle these inextricably linked issues.

Workforce Guidelines for Home Energy Upgrades -- Webinar

This Department of Engery webinar explains the new Workforce Guidelines for Home Energy Upgrades, which are currently open for public comment through January 7, 2011.

Start time 12/9/2010 3:00 PM EST
End time 12/9/2010 4:15 PM EST

Workforce Guidelines for Home Energy Upgrades -- DOE

These guidelines by the Department of Energy are designed to foster the growth of a high quality residential retrofit industry and a skilled and credentialed workforce.

These voluntary guidelines will benefit for workers, homeowners, businesses, and training providers. Once finalized, the guidelines may be adopted by home energy retrofit programs nationwide seeking to increase the consistency and effectiveness of the work performed. They may also be utilized by training providers to improve course curriculum and other training materials.

Passing the starting line: nuclear construction risk -- Ernst & Young

This report from Ernst and Young finds that there is a growing momentum for investment in nuclear power, with 65 reactors1 under construction in 15 countries, a further 120 being actively pursued and many existing reactors being refurbished.

These major capital projects come with a multibillion-dollar price tag and a correspondingly high level of risk. To attract investment and earn a good rate of return, the nuclear industry needs to demonstrate that it can deliver these projects on time and on budget. Unfortunately, its track record in previous phases of investment has been weak. Should a significant number of these new projects fail, the entire industry could be penalized with higher financing costs and fewer investors.

The key is to focus on areas that matter the most, and to build in flexibility from the onset; for example:
• The regulatory environment: this represents one of the greatest risks to prospective nuclear new build, as changes can have a large impact on the viability of projects. We look at the importance of modeling the various contingencies that have to be built in from the start.
• Lack of planning: the classic mistake in the nuclear industry is to skimp on planning and rush into construction, but it’s in the early phases that project owners have the greatest chance to influence the project’s success.
• Operational experience: many utilities do not have the organizational expertise to deliver major capital programs due to the lack of recent experience with large-scale construction projects. Bringing in the right expertise to manage these projects is essential.

Renewable Energy Country Attractiveness Indices -- Ernst & Young

Issue 27 of the Country Attractiveness Indices sees a new world order emerging in the clean energy sector – with China now the clear leader in the global renewables market, and also the inclusion of four significant new entrants to the CAI: South Korea, Romania, Egypt, and Mexico.

China’s record spending on its wind industry this quarter represented nearly half of all funds invested in new wind projects around the world. South Korea leads the new entrants to secure 18th position, on the back of its ambitious targets, strong incentives, and robust supply chain. Romania and Egypt both achieved a ranking of 22 as a result of their fast-growing wind markets, while Mexico completes the new line up, ranking 25th, benefiting from challenging targets and strong wind and solar resources.

The lead article discusses progress post the credit crunch, highlighting the differing pace of recovery between Western and BRIC (Brazil, Russia, India and China) nations, and analyzing the effect of commodity and carbon prices. This issue is supplemented by a technology focus article on solar CSP, discussing the key markets, the four major technologies, regulatory drivers and recent news.

Carbon capture and Storage Country Attractiveness Index -- Ernst & Young

The Ernst & Young Carbon capture and storage country attractiveness index provides scores for national energy markets, energy infrastructures and their suitability for CCS technologies. The index provides scores out of 100 and is updated on a regular basis. The methodology is based on the long running Ernst & Young Renewable Energy Country Attractiveness Index.

The long-term CCS index considers structural aspects of the energy market in each country which will impact on large-scale CCS deployment beyond 2015, such as the proportion of coalfired generation and proximity to geological storage. The nearterm CCS index takes a view until 2015 on the attractiveness of investing in CCS demonstration projects.

Emerging Economies – How the developing world is starting a new era of climate change leadership -- WWF

This report, dated November 2010, by the World Wildlife Federation examines emissions trends and climate action plans for five of the world’s largest developing economies - Brazil, China, India, Mexico and South Africa.

It finds that overall these key emerging economies are acting with greater determination, ambition and energy than several countries in the developed world. But emerging economies could also do more to stave off the worst potential impacts of climate change and the report outlines for each country what the next moves could be.

Report to the President on Accelerating the Pace of Change in Energy Technologies Through an Integrated Federal Energy Policy

This report from the President's Council of Advisors on Science and Technology, dated November 29, calls for the development of a coordinated government-wide Federal energy policy. The Council recommends a Quadrennial Energy Review (QER) that could establish government-wide goals, coordinate actions across agencies, and identify the resources needed for the invention, translation, adoption, and diffusion of energy technologies.

The development of such a policy would enhance our energy security and create jobs as well as mitigate the risk of climate change. The report also urges a substantial increase in Federal support of energy-related research, development, demonstration, and deployment and suggests exploration of several new revenue options to provide this support.

The report ask that the Secretary of Energy prepare and implement the DOE component of the full interagency QER focused on energy technology innovation, promptly. In addition, it recommends organization and process changes that would accelerate progress toward energy innovations.

Tuesday, November 30, 2010

Protecting New York's Drinking Water -- News

The New York Assembly joined the New York Senate today in passing a moratorium on drilling for natural gas in New York State. The measure now goes to Governor Paterson for signing. It is argued that the drilling for natural gas trapped in shale rock deposits would endanger groundwater supplies. The moratorium will help to accomplish several goals, including:

•Providing an extended period of time to study this new technology before permits are issued and drilling is allowed.
•Ensuring environmental experts and the public have time to review any proposed regulations and offer ways to make them stronger.
•Allocating enough time for the Legislature to review the DEC’s conclusions on the environmental impact of the gas drilling.

EPA Finalizes 2011 Renewable Fuel

Under the Clean Air Act Section 211(o), the Environmental Protection Agency (EPA) is required to set renewable fuel standards each November for the following year based on gasoline and diesel projections from the Energy Information Administration (EIA).

The EPA is also required to set the cellulosic biofuel standard each year based on the volume projected to be available during the following year, using EIA projections and assessments of production capability from industry. This regulatory action finalizes these annual standards for cellulosic, biomass-based diesel, advanced biofuel, and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2011.

The final rule also presents two changes to the RFS2 regulations. The first modifies the provision for “delayed RINs” to make it more broadly applicable to any biofuel production pathway so long as the biofuel was in commercial production on July 1, 2010.

The second regulatory provision being finalized in this rulemaking establishes criteria for the EPA to use in determining whether to approve petitions for foreign-grown feedstocks so that they may use an aggregate approach to comply with the renewable biomass verification provisions, akin to that applicable to producers using crops and crop residue grown in the United States.

Forest Service Research and Development: Improvements in Delivery of Research Results Can Help Ensure That Benefits of Research Are Realized -- GAO

This Government Accountability Office report (GAO-11-12), dated October 29, 2010, finds that the scope of Forest Service R&D’s work spans a range of research organized into seven strategic program areas: invasive species; inventory and monitoring; outdoor recreation; resource management and use; water, air, and soils; wildland fire; and wildlife and fish.

End users identified areas requiring additional attention by Forest Service R&D, such as social science research to better understand human interaction with natural resources. Forest Service R&D has taken steps to improve its ability to fulfill its mission in several areas, including increasing its efforts to deliver knowledge and tools to end users and involving end users in setting research agendas; improving funding allocation processes; and increasing coordination with other federal research

Despite these efforts, challenges persist, particularly in the area of science delivery—that is, how research results are communicated. While Forest Service R&D has created a more formal system for science delivery at multiple levels within the agency, and several research stations have specific programs dedicated to science delivery, numerous officials and end users told GAO that Forest Service R&D places greater emphasis on peer-reviewed journals as a means of science delivery than on other types of science delivery efforts, such as workshops, that are often more useful to end users. Without improved delivery of research results, land managers and others may be unable to fully benefit from the agency’s work.

Federal Oil and Gas Leases: Opportunities Exist to Capture Vented and Flared Natural Gas, Which Would Increase Royalty Payments and Reduce Greenhouse

This Government Accountability Office report (GAO-11-34), dated October 29, 2010, finds that data collected by Interior to track venting and flaring on federal leases likely underestimate venting and flaring because they do not account for all sources of lost gas.

For onshore federal leases, operators reported to Interior that about 0.13 percent of produced gas was vented or flared. Estimates from EPA and the Western Regional Air Partnership (WRAP) showed volumes as high as 30 times higher. Similarly, for offshore federal leases, operators reported that 0.5 percent of the natural gas produced was vented and flared, while data from an Interior offshore air quality study showed that volume to be about 1.4 percent, and estimates from EPA showed it to be about 2.3 percent.

GAO found that the volumes operators reported to Interior do not fully account for some ongoing losses such as the emissions from gas dehydration equipment or from thousands of valves—key sources in the EPA, WRAP, and Interior offshore air quality studies.

Pleasing Mother Earth and the IRS: Conservation Easement Donations in the New Age of IRS Oversight Lessons from Recent Court Developments... ABA CLE

Pleasing Mother Earth and the IRS: Conservation Easement Donations in the New Age of IRS Oversight Lessons from Recent Court Developments and Practical Drafting Advice.

The IRS has been aggressively auditing taxpayers who have donated conservation easements and claimed federal tax benefits, with a reported 1,459 landowners having been audited during 2005 to 2009. In addition, since 2006, the Tax Court, District Courts, and Circuit Courts have collectively issued fifteen court decisions addressing various issues relating to compliance with the federal tax law requirements applicable to conservation easement donations. Our panelists will discuss:

•Lessons to be learned from the recent case law;
•Practical drafting tips;
•The IRS’s perspective on the audits and the recent case law (based on the IRS panel discussion at the recent Land Trust Alliance national conference).

Advance preparation is the best way to avoid an IRS audit of tax benefits claimed with respect to conservation easement donations. Join us and learn how to draft conservation easements and otherwise structure easement donation transactions to avoid or at least minimize the risk of an IRS audit and litigation.

This American Bar Association Continuing Legal Education Telecast and webcast takes place on:

Tuesday, December 7, 2010
Format: Teleconference and Live Audio Webcast
Duration: 90 minutes

1:00 PM - 2:30 PM Eastern 12:00 PM - 1:30 PM Central
11:00 AM - 12:30 PM Mountain 10:00 AM - 11:30 AM Pacific

Monday, November 29, 2010

Energy-Water Nexus: A Better and Coordinated Understanding of Water Resources Could Help Mitigate the Impacts of Potential Oil Shale Development - GAO

The Government Accountability Office report (GAO-11-35), dated October 29, 2010, finds that oil shale deposits in Colorado, Utah, and Wyoming are estimated to contain up to 3 trillion barrels of oil--or an amount equal to the world's proven oil reserves. About 72 percent of this oil shale is located beneath federal lands, making the federal government a key player in its potential development. Extracting this oil is expected to require substantial amounts of water and could impact groundwater and surface water.

GAO was asked to report on (1) what is known about the potential impacts of oil shale development on surface water and groundwater, (2) what is known about the amount of water that may be needed for commercial oil shale development, (3) the extent to which water will likely be available for commercial oil shale development and its source, and (4) federal research efforts to address impacts to water resources from commercial oil shale development.

Oil shale development could have significant impacts on the quality and quantity of water resources, but the magnitude of these impacts is unknown because technologies are years from being commercially proven, the size of a future oil shale industry is uncertain, and knowledge of current water conditions and groundwater flow is limited.

New Library Acquisitions week of November 29, 2010

Alternative Energy
Solar power : law and economics / by Linda M. Bullen ; general editor, Bradley M. Marten

Paying for biodiversity : enhancing the cost-effectiveness of payments for ecosystem services / Organisation for Economic Co-operation and Development

Brownfields : a comprehensive guide to redeveloping contaminated property / [edited by] Todd S. Davis, Scott A. Sherman

Clean Air Act
Treatment of greenhouse gases under the Clean Air Act / by Carol E. Dinkins, Eric Groten ; general editor, Bradley M. Marten

Climate Change
Building resilience to climate change : ecosystem-based adaptation and lessons from the field / edited by Angela Andrade Pérez, Bernal Herrera Fernández and Roberto Cazzolla Gatti

Global Warming
Climate capitalism : global warming and the transformation of the global economy / Peter Newell, Matthew Paterson

International Law
The future of international environmental law / edited by David Leary and Balakrishna Pisupati

Institutional dynamics : emergent patterns in international environmental governance / Oran R. Young

The sustainable network : the accidental answer for a troubled planet / Sarah Sorensen

Law of the Seas
Histoire des origines, des progrès et des variations du droit maritime international [microform] / par L.-B. Hautefeuille

Management Challenges at the Department of Energy

This Sepcial Report (DOE/IG-0844), dated November 2010, by the Inspector General of the Department of Energy states that the DOE is the largest civilian contracting agency in the Federal government, the Department awards contracts to industrial companies, academic institutions, and non-profit organizations that operate a broad range of Department facilities.

With the addition of Recovery Act funding and initiatives, successful contract administration within the Department has taken on even greater importance. In addition to contracting, the Department administers and manages an array of grants and cooperative agreements, the number of which has increased sharply as a result of Recovery Act programs.

Given the number of contracts handled by the Department and the complexity and importance of the Department's numerous multi-million dollar projects, combined with new challenges created by the Recovery Act, we believe that the area of Contract and Financial Assistance Award Management is a significant management challenge.

Short-Term Energy Outlook

The Energy Information Administration released its Short-Term and Winter Fuels Outlook and finds:

- the price of West Texas Intermediate (WTI) crude oil to average about $83 per barrel this winter (October 1 to March 31).
- regular-grade motor gasoline retail prices to average $2.84 per gallon this winter
- Natural gas working inventories have reached more than 3.8 trillion cubic feet (Tcf), which is about the same as last year's record-setting level for the underground storage quantity at the end of October.
- average household expenditures for space-heating fuels will total $965 this winter, about the same as last year.

Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications -- CRS

This Report from the Congressional Research Service (7-5700), dated October 28, 2010, finds that Congressional action to designate funds within appropriations legislation for specified projects or locations has been increasing in recent years as a way to help communities meet needs to build and upgrade water infrastructure systems. Such legislative action has often been popularly referred to as earmarking.

This report discusses appropriations for water infrastructure programs of the Environmental Protection Agency (EPA), focusing on such designations in the account that funds these programs. Information on the programmatic history of EPA involvement in assisting wastewater treatment and drinking water projects is provided in two appendixes. Congressional appropriators began the practice of supplementing appropriations for the primary Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) assistance programs with grants for individually designated projects in FY1989.

Climate Innovation Centres: A New Way to Foster Climate Technologies in the Developing World

Accelerating innovation in emerging technologies is essential to help reduce the current and long-term impacts of climate change. However developing countries, which are most immediately threatened by these impacts, lag in their capacity to transfer, develop and deploy innovative climate technologies. Climate Innovation Centers: A New Way to Faster Climate Technologies in the Developing World explores how Climate Innovation Centers (CICs) can help developing countries accelerate the deployment of climate technologies, companies and industries by:

o Over 550 relevant organizations in 68 countries identified to assess existing global capacity in climate innovation
o Providing an inventory of existing relevant support organizations, including incubators, centres of excellence, multilateral programmes,
o Analaysing existing centers by geography, technology, innovation, and climate focus;
o Identifying the gaps in the existing institutional capacity
o Exploring the early stage financing landscape for climate technologies;
o Providing detailed advice about the design of CICs and their development as a global network.

GeoPower Americas 2011

Supported by the Geothermal Resources Council, GeoPower Americas 2011 will provide an in-depth analysis of the geothermal energy markets in North, Central and South America, focusing on the potential for large-scale, widespread development, and how this can best be realized.

24-25 February 2011

Hyatt Regency,
San Francisco, USA

Looting the Seas: How Overfishing, Fraud, and Negligence Plundered the Majestic Bluefin Tuna -- ICIJ

This report from the International Consortium of Independent Journalists uncovers a supply chain that at every step was riddled with fraud, negligence, and criminal misconduct.

Monday, November 22, 2010

Sustainable Business Summit 2011

The Sustainable Business Summit 2011: Business in evolution will examine the rationale for truly sustainable businesses - adaptable, resilient, responsive - and show how putting environmental and social responsibility at the heart of management practices is key to securing the long-term future of companies level, strategic discussion about corporate social responsibility. Chaired by: Oliver Morton, Energy and Environment Editor, The Economist

Hear from:

• Companies who have revolutionised their operations to become more socially responsible
• Pioneers who have built entire business models around corporate responsibility
• Experts who understand the challenges in balancing effective business management with ethical practice

March 17th 2011 Radisson Blu Portman Hotel, London

Thursday, November 18, 2010

Quantifying the Impact of State Policies on Clean Energy Development -- DOE Webinar

The U.S. Department of Energy (DOE) Technical Assistance Program (TAP) presents a Webinar this Wednesday about how to quantify the impact of state and local policies on developing clean energy markets.

At this Webinar you will hear about state policies and aspects of policy design that are statistically connected to increased energy efficiency and renewable energy resource development. The speakers will discuss how policy longevity and combined policies that influence different markets and technologies tend to be found in states that generate more clean energy. And you will hear from the Colorado Governor’s Energy Office about how that state’s policies have helped foster renewable energy development.

The presentation will take place this Wednesday, November 17, from 3:00 to 4:15 p.m. Eastern Standard Time, and is titled State of the States: Quantifying the Impact of State Policies on Clean Energy Development.

Light-Duty Automotive Technology, Carbon Dioxide Emissions, and Fuel Economy Trends: 1975 Through 2010 -- EPA

This report, published in November 2010, provides data on the fuel economy, carbon dioxide (CO2) emissions, and technology trends of new light-duty vehicles (cars, minivans, sport utility vehicles, and pickup trucks) for model years 1975 through 2010 in the United States.

For model year 2009, the last year for which EPA has final data, EPA projects average real-world CO2 emissions to be 397 grams per mile and fuel economy to be 22.4 miles per gallon (the fuel economy values in this report are those that EPA provides to consumers, and are lower than the fuel economy values used for compliance with CAFE standards).

CO2 emissions and fuel economy are at their most favorable levels since the EPA database began in 1975, and are slightly better than the previous best year of 1987. Preliminary values for model year 2010 suggest a slight improvement to 395 grams CO2 per mile and 22.5 mpg, but there is uncertainty in the 2010 values as they are based on automaker projections provided to EPA during the market turmoil of 2009. Average CO2 emissions and fuel economy have improved each year beginning in 2005, and are about 15 percent better than in 2004. This reverses a long-term trend of worsening CO2 emissions and fuel economy from 1987 through 2004.

Wednesday, November 17, 2010

Budapest Call for Climate Justice

The World Council of Churches has made a final statement that underlines that the methods of wealth creation and the pursuit of unlimited wealth in rich industrialised countries of Europe often impoverish communities and harm creation as a whole.

The document indicates that: "Climate justice and therefore both social and ecological values should be a central goal of policy-making. In industrialized countries economic growth should no longer be seen as an aim in itself."

The statement calls for "the redistribution of wealth and sharing of technology between rich countries and poor countries affected by climate change" as "crucial elements of climate justice". This has to go along with "additional support for climate change mitigation and adaptation."

Candidate Conservation -- Endangered Species Act

This news release by the U.S. Fish and Wildlife Service, dated November 2010, announces its Candidate Notice of Review, a yearly appraisal of the current status of plants and animals considered candidates for protection under the Endangered Species Act. “The candidate list offers the Service and our partners a unique opportunity to address the threats to these species through voluntary conservation efforts on public and private lands,” said Acting Service Director Rowan Gould. “We will continue working to reduce the number of candidate species by developing conservation agreements that reduce or eliminate the threats they face.”

Conference on Water Resources and the Regional Economy -- NY DEC

When: December 13

Where: SUNY New Paltz, Student Union Building, Multi-purpose Room

Sponsored by: The NYS Department of Environmental Conservation, Hudson River Estuary Program

In partnership with:

•SUNY New Paltz Center for Research, Regional Education and Outreach
•The Hudson River Watershed Alliance
•Regional economic development and water management agencies and others

Confirmed Speakers:

•Congressman Maurice Hinchey
•EPA Region 2 Administrator Judith Enck
•NYSDEC Assistant Commissioner for Water Resources James Tierney

Screening Level Assessment of Risks Due to Dioxin Emissions from Burning Oil from the BP Deepwater Horizon Gulf of Mexico Spill

This report from the Environmental Protection Agency finds that between April 28 and July 19 of 2010, the US Coast Guard conducted in situ oil burns as one approach used for the management of oil spilled after the explosion and subsequent sinking of the BP Deepwater Horizon platform in the Gulf of Mexico.

The purpose of this paper is to describe a screening level assessment of the exposures and risks posed by the dioxin emissions from these fires. Using upper estimates for the oil burn emission factor, modeled air and fish concentrations, and conservative exposure assumptions, the potential cancer risk was estimated for three scenarios: inhalation exposure to workers, inhalation exposure to residents on the mainland, and fish ingestion exposures to residents. U.S. EPA’s AERMOD model was used to estimate air concentrations in the immediate vicinity of the oil burns and NOAA’s HYSPLIT model was used to estimate more distant air concentrations and deposition rates. The lifetime incremental cancer risks were estimated as 6 x 10-8 for inhalation by workers, 6 x 10-12 for inhalation by onshore residents and 6 x 10-8 for fish consumption by residents.

For all scenarios, the risk estimates represent upper bounds and actual risks would be expected to be less.

Aerostat Sampling of PCDD/PCDF Emissions from the Gulf Oil Spill In Situ Burns

This report from the U.S. Environmental Protection Agency, Office of Research and Development, National Risk Management Research Laboratory, finds that a sampling effort indicates that while dioxins were created from the burning of oil on ocean water, they were created at low levels – levels similar to the emissions from residential woodstoves and forest fires.

The G20 Seoul Summit

This statment fromt he G20 meeting includes goals regarding energy and climate change:

On climate change: "We reaffirm the objective, provisions, and the principles of the UN Framework Convention on Climate Change (UNFCCC), including common but differentiated responsibilities and respective capabilities."

On energy: "We reaffirm our commitment to rationalize and phase-out over the medium term inefficient fossil fuel subsidies that encourage wasteful consumption, with timing based on national circumstances, while providing targeted support for the poorest. We direct our Finance and Energy Ministers to report back on the progress made in implementing country-specific strategies and in achieving the goals to which we agreed in Pittsburgh and Toronto at the 2011 Summit in France.

On the marine environment: We welcome the progress achieved by the Global Marine Environment Protection (GMEP) initiative toward the goal of sharing best practices to protect the marine environment, to prevent accidents related to offshore exploration and development, as well as marine transportation, and to deal with their consequences.

Fleet Electrification Roadmap: Revolutionizing Transportation and Achieving Energy Security

This report from the Electrification Coalition, dated November 2010, argues that the lower operating costs of electric drive vehicles coupled with the operational norms of commercial and government fleets could make adoption of plug-in hybrid electric vehicles (PHEVs) and electric vehicles (EVs) highly attractive. The report includes a detailed examination of commercial and government fleets, highlighting common practices that could make them significant early adopters of EVs and PHEVs. The analysis suggests that with targeted, temporary policies in place, a cumulative 200,000 electric-drive vehicles could be on the road by 2015.

Tuesday, November 16, 2010

District Energy Systems & Microgrids Conference

Loretta Musial
Pace Energy and Climate Center

Friday November 19, 2010 from 8:30 AM to 4:00 PM EST

Judicial Institute, Pace Law School, White Plains
The New York State Judicial Institute
Pace Law School
78 N. Broadway
White Plains, NY 10603

Conference agenda includes four panels and a keynote address. Breakfast, lunch and coffee will be provided.

Panel 1: District systems, what are they? What are their benefits?
Panel 2: Legal, financial, and other considerations
Panel 3: Business models - can we implement this?
Panel 4: Vision for high efficiency municipal, school, university and industrial campuses

Featured Speakers Include:

Steven W. Pullins, President, Horizon Energy Group


•Jim Adams of Cornell University
•Greg Rouse of The Galvin Electricity Initiative
•Bob Loughney of Couch White
•Karl Marietta of FVB Energy
•Jim McNamara of Nexterra
•Audrey Zibelman of Viridity Energy
•Jennifer Kearney of Gotham 360
•Cathy Hill of Whiteman, Osterman & Hanna
•Guy Warner of Pareto Energy
•Jim Fuller of Green Campus Partners
•Kamalesh Doshi of Biomass Energy Resource Center
•Phyllis Kessler of Duane Morris
•Tim Roughan of National Grid
•Daniel Theurer of Pratt & Whitney
•James Van Nostrand of Pace Energy and Climate Center
•Tom Bourgeois of Pace Energy and Climate Center

Electric Car Calculator: Compare Electric Car to Hybrid, Diesel & Gas Cars

Is it worth buying an Electric Car?

The answer to this question depends on a number of factors including: your driving habits, gas prices, price of electricity and how you value the environmental impact of your driving.

To help you decide if an electric car is the right choice for you, we have created a calculator that will compare the financial and environmental costs of buying an electric car versus buying a hybrid or standard gas powered car.

To find out if an electric car is the right choice for you, simply fill out the calculator on this web site provided by

United Nations Climate Change Conference Cancun - COP 16 & CMP 6

The United Nations Climate Change Conference to be held in Cancun, Mexico, from 29 November to 10 December 2010, encompasses the sixteenth Conference of the Parties (COP) and the sixth Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP), as well as the thirty-third sessions of both the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Scientific and Technological Advice (SBSTA), and the fifteenth session of the AWG-KP and thirteenth session of the AWG-LCA.

To discuss future commitments for industrialized countries under the Kyoto Protocol, the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP) established a working group in December 2005 called the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP). In Copenhagen, at its fifth session, the CMP requested the AWG-KP to deliver the results of its work for adoption by CMP 6 in Cancun.

Monday, November 15, 2010

New Library Acquisitions -- Week of Nov. 15, 2010

Municipal green building policies : strategies for transforming building practices in the private sector / Environmental Law Institute

Biofuels, land access and rural livelihoods in Mozambique / Isilda Nhantumbo and Alda Salomão

Clean Air Act
Smog check : science, federalism, and the politics of clean air / Douglas S. Eisinger

Climate Change
Climate change law and policy : EU and US approaches / Cinnamon Piñon Carlarne

Emissions Trading
Cap-and-trade : law and economics / by Earl W. Phillips, Jr. ... [et al.]

Energy for the 21st century : a comprehensive guide to conventional and alternative sources / Roy L. Nersesian

Greenhouse Gases
EPA's mandatory greenhouse gas reporting rule / by Mary Ellen Ternes ; general editor, Bradley M. Marten

State by state greenhouse gas regulation / by David W. Tundermann ; general editor, Bradley M. Marten

Heritage Sites
Cave Rock : climbers, courts, and a Washoe Indian sacred place / Matthew S. Makley and Michael J. Makley

Insurance law for climate related claims / by Delmar R. Ehrich, Diana Young Morrissey, Daniel J. Herber ; general editor, Bradley M. Marten

Maritime Law
Maritime pollution liability and policy : China, Europe, and the US / edited by Michael G. Faure, Han Lixin, & Shan Hongjun

Governing uncertainty : environmental regulation in the age of nanotechnology / edited by Christopher J. Bosso

National Security
Power politics : energy security, human rights and transatlantic relations / edited by Esther Brimmer

Natural Resources
Impact of climate change on natural resource management / edited by Bipal K. Jana, Mrinmoy Majumder

Treatment of greenhouse gases under the National Environmental Policy Act / by Jeffrey A. Thaler, Dustin T. Till ; general editor, Bradley M. Marten

Sacrifice zones : the front lines of toxic chemical exposure in the United States / Steve Lerner ; foreword by Phil Brown

Recent Law Review Articles -- November 2010

Cannon, Jonathan. The sounds of silence: cost-benefit cannons in Entergy Corp. v. Riverkeeper, Inc. 34 Harv. Envtl. L. Rev. 425-460 (2010).

Ekstrom, Julia A., et al. Gauging agency involvement in environmental management using text analysis of laws and regulations. 6 I/S 189-219 (2010).

Mashaw, Jerry L. The American model of federal administrative law: remembering the first one hundred years. 78 Geo. Wash. L. Rev. 975-992 (2010).

Jordan, Jason. Comment. A pig in the parlor or food on the table: is Texas’s Right to Farm Act an unconstitutional mechanism to perpetuate nuisances or sound public policy ensuring sustainable growth? 42 Tex. Tech. L. Rev. 943-985 (2010).

LaCroix, Catherine J. Urban agriculture and other green uses: remaking the shrinking city. 42 Urb. Law. 225-285 (2010).

Peters, Kathryn A. Note. Creating a sustainable urban agriculture revolution. 25 J. Envtl. L. & Litig. 203-247 (2010).

Eisen, Joel B. Can urban solar become a “disruptive” technology?: the case for solar utilities. 24 Notre Dame J.L. Ethics & Pub. Pol’y 53-98 (2010).

Gregory, John DeWitt. Pet custody: distorting language and the law. 44 Fam. L.Q. 35-64 (2010).

Karp, Adam P. and Julie I. Fershtman. Recent developments in animal tort and insurance law. 45 Tort Trial & Ins. Prac. L.J. 149-177 (2010).

Renwick, Megan L. Note. Animal hoarding: a legislative solution. 47 U. Louisville L. Rev. 585-606 (2009).

Seps, Christopher D. Note. Animal law evolution: treating pets as persons in tort and custody disputes. 2010 U. Ill. L. Rev. 1339-1373.

Casper, Kristin Noelle. Student article. Oil and gas development in the Arctic: softening of ice demands hardening of international law. 49 Nat. Resources J. 825-881 (2009).

Garnett, Nicole Stelle, Unbundling of homeownership: regional reforms from the inside out. (Reviewing Lee Anne Fennell, The Unbounded Home: Property Values Beyond Property Lines.) 119 Yale L.J. 1904-1946 (2010).

Kass, Stephen L. A review of Climate Change Law: Mitigation and Adaptation by Richard G. Hildreth, et al. 27 Pace Envtl. L. Rev. 619-622 (2010).

Lockhart, Irit and Gabriella K.F. Stockmayer. Book note. (Reviewing Nicholas A. Ashford and Charles C. Caldart, Environmental Law, Policy, and Economics: Reclaiming the Environmental Agenda.) 21 Colo. J. Int’l Envtl. L. & Pol’y 515-519 (2010).

Heffernan, Lea J. Application of the remedial purpose canon to CERCLA successor liability issues after United States v. Bestfoods: why state corporate law should be applied in circuits encompassing substantial continuity exception states. 30 N. Ill. U. L. Rev. 387-428 (2010).

Howard, Robert M., Patricia Guerrero and Jason M. Ohta. Test methods matter: representative sampling and Clean Air Act test methods can survive EPA’s credible evidence rule. 25 J. Envtl. L. & Litig. 37-84 (2010).

Adler, Robert W. Resilience, restoration, and sustainability: revisiting the fundamental principles of the Clean Water Act. 32 Wash. U. J.L. & Pol’y 139-173 (2010).

Shanor, Marianne Kunz. Case note. Administrative law—the Supreme Court’s impingement of Chevron’s two-step. (Entergy Corp. v. Riverkeeper, Inc., 129 S. Ct. 1498, 2009.) 10 Wyoming L. Rev. 537-556 (2010).

Brunnée, Jutta. From Bali to Copenhagen: towards a shared vision for a post-2012 climate regime? 25 Md. J. Int’l L. 86-108 (2010).

International Climate Change Mitigation and Adaption Post-Copenhagen. Introduction by Richard L. Ottinger; articles by Michael I. Jeffrey, Paul Stanton Kibel, Lise Johnson, Randall S. Abate, Andrew B. Greenlee and Nicholas A. Robinson; book review by Stephen L. Kass; panel discussion with James Van Nostrand, moderator and Nicholas A. Robinson, Richard L. Ottinger, Andrew C. Revkin, Caleb Christopher, Shakeel Kazmi, Saleem Ali and student Joanne Kalas, panelists. 27 Pace Envtl. L. Rev. 441-647 (2010).

Jeffery, Michael I. Carbon capture and storage: wishful thinking or a meaningful part of the climate change solution. 27 Pace Envtl. L. Rev. 421-472 (2010).

Johnson, Lise. Advocacy strategies for promoting greater consideration of climate change and human rights in development activities: the case of the West Seti Hydroelectric Project in Nepal. 27 Pace Envtl. L. Rev. 511-553 (2010).

Kibel, Paul Stanton. Climate adaption policy at the continental level: natural resources in North America and Europe. 27 Pace Envtl. L. Rev. 473-509 (2010).

Long, Jerrold A. From warranted to valuable belief: local government, climate change, and giving up the pickup to save Bangladesh. 49 Nat. Resources J. 743-800 (2009).

Tsosie, Rebecca. Keynote address: indigenous peoples and global climate change: intercultural models of climate equity. 25 J. Envtl. L. & Litig. 7-17 (2010).

Christie, Donna R. Of beaches, boundaries and SOBs. 25 J. Land Use & Envtl. L. 19-75 (2009).

Haderlie, Nicholas T. Case note. Energy law—finding the appropriate authority for federal coal mine methane leasing. (Vessels Coal Gas, Inc., 175 I.B.L.A. 8, 2008.) 10 Wyoming L. Rev. 515-536 (2010).

Bauer, Carl J. Dams and markets: rivers and electric power in Chile. 49 Nat. Resources J. 583-651 (2009).

Brietzke, Paul H. and Carl Adrianopoli. Climate change in cities of the developing world. 25 J. Envtl. L. & Litig. 85-121 (2010).

Dellapenna, Joseph W. Behind the Red Curtain: environmental concerns and the end of communism. 2 J.E.L. 1-35 (2009).

Gatmaytan-Magno, Dante. Judicial restraint and enforcement of environmental rights in the Philippines. 12 Or. Rev. Int’l L. 1-30 (2010).

Colburn, Jamison E. Qualitative, quantitative, and integrative conservation. 32 Wash. U. J.L. & Pol’y 237-292 (2010).

Morris, Amy Wilson and Adena R. Rissman. Public access to information on private land conservation: tracking conservation easements. 2009 Wis. L. Rev. 1237-1282.

Copenhagen (COP-15) Roundtable. James Van Nostrand, moderator; Nicholas A. Robinson, Richard L. Ottinger, Andrew C. Revkin, Caleb Christopher, Shakeel Kazmi, Saleem Ali and student Joanne Kalas, panelists. 27 Pace Envtl. L. Rev. 623-647 (2010).

Ottinger, Richard L. Introduction: Copenhagen Climate Conference—success or failure? 27 Pace Envtl. L. Rev. 411-419 (2010).

Robinson, Nicholas A. The sands of time: reflections on the Copenhagen climate negotiations. 27 Pace Envtl. L. Rev. 599-617 (2010).

Twaite, Kari. Note. Monopoly money: reaping the economic and environmental benefits of microgrids in exclusive utility service territories. 34 Vt. L. Rev. 975-998 (2010).

Smith, Bryant Walker. Stakeholder reaction to emissions trading in the United States, the European Union, and the Netherlands. 25 J. Land Use & Envtl. L. 137-156 (2009).

Doremus, Holly. The Endangered Species Act: static law meets dynamic world. 32 Wash. U. J.L. & Pol’y 175-235 (2010).

Duane, Timothy P. Greening the grid: implementing climate change policy through energy efficiency, renewable portfolio standards, and strategic transmission system investments. 34 Vt. L. Rev. 711-780 (2010).

Dorsi, Michael S. Case comment. (Piedmont Environmental Council v. FERC, 558 F.3d 304, 2009, cert. denied, 130 S. Ct. 1138, 2010.) 34 Harv. Envtl. L. Rev. 593-603 (2010).

Dorris, Beth S. It’s not easy being green: evolving legal frameworks to address the unanticipated consequences of new environmental programs. 3 J. Bus. Entrepreneurship & L. 237-253 (2010).

Leitman, Melanie. Recent developments. 25 J. Land Use & Envtl. L. 157-190 (2009).

New Directions in Environmental Law. Articles by A. Dan Tarlock, William W. Buzbee, Hari M. Osofsky, Robert L. Glicksman, Matthew R. Batzel, Robert W. Adler, Holly Doremus, Jamison E. Colburn, Daniel R. Mandelker, Ted Boling, David Markell and David E. Adelman. 32 Wash. U. J.L. & Pol’y 1-442 (2010).

Willms, David J. The mountain pine beetle: how forest mismanagement and a flawed regulatory structure contributed to an uncontrollable epidemic. 10 Wyoming L. Rev. 487-514 (2010).

Bussell, Charles J. Note. As Montville, Maine goes, so goes Wolcott, Vermont? A primer on the local regulation of genetically modified crops. 43 Suffolk U.L. Rev. 727-748 (2010).

Gore, Nikhil V. and Jennifer E. Tarr. Case comment. (Connecticut v. American Electric Power Co., 582 F.3d 309, 2009.) 34 Harv. Envtl. L. Rev. 577-591 (2010).

Rankin, Adam Gardner. Student article. Geologic sequestration of CO2: how EPA’s proposal fails short. 49 Nat. Resources J. 883-942 (2009).

Saltzman, Rachel Ward. Note. Distributing emissions rights in the global order: the case for equal per capita allocation. 13 Yale Hum. Rts. & Dev. L.J. 281-306 (2010).

Phillips, Valerie J. Indigenous (ecological) economics remastered. 49 Washburn L.J. 781-804 (2010).

Parish, Matthew T. and Charles B. Rosenberg. An introduction to the Energy Charter Treaty. 20 Am. Rev. Int’l Arb. 191-207 (2009).

Percival, Robert V. Liability for environmental harm and emerging global environmental law. 25 Md. J. Int’l L. 37-63 (2010).

Vendzules, Sarah Fick. The struggle for legitimacy in environmental standards systems: the OECD Guidelines for Multinational Enterprises. 21 Colo. J. Int’l Envtl. L. & Pol’y 451-489 (2010).

Werksman, Jacob and Kirk Herbertson. The aftermath of Copenhagen: does international law have a role to play in a global response to climate change? 25 Md. J. Int’l L. 109-142 (2010).

Phillips, Georgette Chapman. An urban slice of apple pie: rethinking homeownership in U.S. cities. 24 Notre Dame J.L. Ethics & Pub. Pol’y 187-217 (2010).

Brescia, Raymond H. On public plaintiffs and private harms: the standing of municipalities in climate change, firearms, and financial crisis litigation. 24 Notre Dame J.L. Ethics & Pub. Pol’y 7-52 (2010).

Robbins, Ruth Anne. Conserving the canvas: reducing the environmental footprint of legal briefs by re-imagining court rules and document design strategies. 7 J. Ass’n Legal Writing Directors 193-202 (2010).

Daly, Michael J., et al. Recent developments in admiralty and maritime law. 45 Tort Trial & Ins. Prac. L.J. 119-147 (2010).

Bakken, Gordon Morris. Mining and pollution in the West: the limits of law protecting the environment. 21 W. Legal Hist. 209-236 (2008).

Evans, Sam. Voices from the desecrated places: a journey to end mountaintop removal mining. 34 Harv. Envtl. L. Rev. 521-576 (2010).

Kloeckner, Jane. Developing a sustainable hardrock mining and mineral processing industry: environmental and natural resource law for twenty-first century people, prosperity, and the planet. 25 J. Envtl. L. & Litig. 123-188 (2010).

Mumme, Stephen P. and Oscar Ibáñez. U.S.-Mexico environmental treaty impediments to tactical security infrastructure along the international boundary. 49 Nat. Resources J. 801-824 (2009).

Blumm, Michael C. and Jane G. Steadman. Indian treaty fishing rights and habitat protection: the Martinez Decision supplies a resounding judicial reaffirmation. 49 Nat. Resources J. 653-706 (2009).

Unger, Kathleen R. Note. Change is in the wind: self-determination and wind power through tribal energy resource agreements. 43 Loy. L.A. L. Rev. 329-371 (2009).

Boling, Ted. Making the connection: NEPA processes for national environmental policy. 32 Wash. U. J.L. & Pol’y 313-331 (2010).

Mandelker, Daniel R. The National Environmental Policy Act: a review of its experience and problems. 32 Wash. U. J.L. & Pol’y 293-312 (2010).

Villmer, Matthew M. Procedural squabbling ahead of global annihilation: strengthening the National Environmental Policy Act in a new technological era. 11 Fla. Coastal L.J. 321-340 (2010).

Lavine, Amy and Norman Oder. Urban redevelopment policy, judicial deference to unaccountable agencies, and reality in Brooklyn’s Atlantic Yards project. 42 Urb. Law. 287-373 (2010).

de Saillan, Charles. Disposal of spent nuclear fuel in the United States and Europe: a persistent environmental problem. 34 Harv. Envtl. L. Rev. 461-519 (2010).

Abate, Randall S. and Andrew B. Greenlee. Sowing seeds uncertain: ocean iron fertilization, climate change, and the international environmental law framework. 27 Pace Envtl. L. Rev. 555-598 (2010).

White, Jonathan P. Note. Drilling in ecologically and environmentally troubled waters: law and policy concerns surrounding development of oil resources in the Florida Straits. 21 Colo. J. Int’l Envtl. L. & Pol’y 557-595 (2010).

Tennen, Leslie I. Towards a new regime for exploitation of outer space mineral resources. 88 Neb. L. Rev. 794-831 (2010).

Conti-Brown, Peter. Student article. Increasing the capacity for corruption?: law and development in the burgeoning petro-state of São Tomé e Principe. 12 Berkeley J. Afr.-Am. L. & Pol’y 33-65 (2010).

Connolly, Kim Diana. Navigating tricky ethical shoals in environmental law: parameters of counseling and managing clients. 10 Wyoming L. Rev. 443-460 (2010).

Houseal, Lindsay. Comment. Wilderness Society v. Kane County, Utah: a welcome change for the Tenth Circuit and environmental groups. (Wilderness Soc’y v. Kane County, Utah, 581 F.3d 1198, 2009.) 87 Denv. U. L. Rev. 725-745 (2010).

Craig, Robin Kundis. Adapting to climate change: the potential role of state common-law public trust doctrines. 34 Vt. L. Rev. 781-853 (2010).

Klass, Alexandra B. State standards for nationwide products revisited: federalism, green building codes, and appliance efficiency standards. 34 Harv. Envtl. L. Rev. 335-368 (2010).

Lieberman, Michele L. Save the Homosassa River Alliance v. Citrus County: an expansion of standing under Florida Statute 163.3215. 39 Stetson L. Rev. 351-368 (2010).

Osofsky, Hari M. Multiscalar governance and climate change: reflections on the role of states and cities at Copenhagen. 25 Md. J. Int’l L. 64-85 (2010).

Romero, Alan. Local regulation of mineral development in Wyoming. 10 Wyoming L. Rev. 463-486 (2010).

Goodwin, John T. Note. Justice and the Just Compensation Clause: a new approach to economic development takings. (Kelo v. City of New London, 545 U.S. 469, 2005.) 24 Notre Dame J.L. Ethics & Pub. Pol’y 219-253 (2010).

Gold, Steve C. The more we know, the less intelligent we are? —How genomic information should, and should not, change toxic tort causation doctrine. 34 Harv. Envtl. L. Rev. 369-423 (2010).

Markell, David. An overview of TSCA, its history and key underlying assumptions, and its place in environmental regulation. 32 Wash. U. J.L. & Pol’y 333-375 (2010).

Lewyn, Michael. Why pedestrian-friendly street design is not negligent. 47 U. Louisville L. Rev. 339-371 (2008).

Lavine, Amy. Urban renewal and the story of Berman v. Parker. 42 Urb. Law. 423-475 (2010).

Symposium on Urban Development in the 21st Century. Foreword by Adolfo Carrión, Jr.; articles by Raymond H. Brescia, Joel B. Eisen, Richardson Dilworth, Nicole Stelle Garnett, John Mixon and Georgette Chapman Phillips; notes by John T. Goodwin and Amir Steinhart. 24 Notre Dame J.L. Ethics & Pub. Pol’y 1-284 (2010).

Broadbent, Craig D., et al. Water leasing: evaluating temporary water rights transfers in New Mexico through experimental methods. 49 Nat. Resources J. 707-741 (2009).

Bilenky, William S. An alternative strategy for water supply and water resource development in Florida. 25 J. Land Use & Envtl. L. 77-107 (2009).

Joint McGill-Vermont Law School Workshop on Water. Introduction by L. Kinvin Wroth; articles by Madeleine Cantin Cumyn, Robert P. Godin, Janet E. Milne, Kim Brooks, Jane Matthews Glenn, Vrinda Narain, Jack R. Tuholske and Patrick Parenteau. 34 Vt. L. Rev. 855-973 (2010).

Kaufman, Bryce. Note. A delicate balance: Connecticut’s minimum water flow statute. 21 Stan. L. & Pol’y Rev. 179-189 (2010).

Martin, Chantz. Comment. The Clean Water Act suffers a crushing blow: the U.S. Supreme Court clears the way for the mining industry to pollute U.S. waters. (Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 129 S. Ct. 2458, 2009.) 49 Washburn L.J. 933-962 (2010).

O’Connell, Tyson Radley. Note. Stream access in Montana and the dispute over public recreation on the Mitchell Slough. 71 Mont. L. Rev. 433-447 (2010).

Williams, Sarah. Comment. Riparian landowners versus the public: the importance of roads and highways for public access to Wisconsin’s navigable waters. 2010 Wis. L. Rev. 185-225.

Wombacher, William. Note. There’s cologne in the water: the inadequacy of U.S. environmental statutes to address emerging environmental contaminants. 21 Colo. J. Int’l Envtl. L. & Pol’y 521-555 (2010).

Eaton, Jonathan R. Note. The sieve of groundwater pollution protection: a public health law analysis. 6 J. Health & Biomed. L. 109-146 (2010).

Simms, Virginia. Comment. Making the rain: cloud seeding, the imminent freshwater crisis, and international law. 44 Int’l Law. 915-937 (2010).

Tuholske, Jack R. Hot water, dry streams: a tale of two trout. 34 Vt. L. Rev. 927-956 (2010).

Lingle, R. Benjamin. Note. The constitutionality and economic impacts of federal jurisdiction of wetlands: the Clean Water Restoration Act of 2009. 62 Fla. L. Rev. 1091-1118 (2010).

Benson, Nicholas. Note. A tale of two cities: examining the success of inclusionary zoning ordinances in Montgomery County, Maryland and Boulder, Colorado. 13 J. Gender Race & Just. 753-777 (2010).

Managing Allowance Prices in a Cap-and-Trade Program -- CBO

This report from the Congressional Budget Office (Pub. No. 4081), dated November 2010, finds that the accumulation of greenhouse gases in the atmosphere--particularly carbon dioxide released as a result of deforestation and the use of fossil fuels--could create costly changes in regional climates throughout the world.

Concern about the damage from such changes has led policymakers and analysts to consider policies designed to reduce emissions of those gases. Many proposals have focused on cap-and-trade programs, which would limit the number of tons of greenhouse gases emitted into the atmosphere over several decades from certain sectors of the U.S. economy. Under such a program, lawmakers would set gradually tightening annual caps on greenhouse gas emissions that together would imply a cumulative limit over the duration of the policy. Rights to emit the gases, referred to as allowances, would then be distributed to businesses or other entities, such as state governments, in amounts that corresponded to those limits. (One allowance would permit one ton of emissions.) The government could distribute the allowances by either selling them, possibly in an auction, or giving them away. Once the allowances were distributed, they could be bought and sold in the secondary market for them that would develop....

[This report] examines the potential effects of features that would help manage allowance prices, and thus the cost of complying with a cap-and-trade program, by altering the number of allowances available to firms at various prices."

Advanced Biofuels Research Pathways -- Webinar

The U.S. Department of Energy's (DOE's) Biomass Program is hosting a Webinar on Thursday, November 18, 2010, from 3:00-4:30 p.m. EST.

This Web conference is the second installment in the Biomass Program's Webinar series, which will cover many of the program's activities and feature "Hot Topics" discussions relevant to the development of renewable fuels, power, and products from biomass resources.

The Webinar will feature an overview of the program's ongoing advanced biofuels research and will include presentations on biochemical and thermochemical conversions. This session will also discuss the progress the National Advanced Biofuels Consortium (NABC) is making in research, development, and demonstration of process technology strategies to convert biomass feedstock into a form that can be used in a petroleum refinery. These new and innovative approaches can advance the commercialization and adoption of advanced biofuels.

EPA - America Recycles Day - November 15th

Everyday Americans recycle their trash because they know it’s an important activity that can have a positive impact on the environment. But once a year the U.S. Environmental Protection Agency sets aside November 15 to remind everyone that recycling plays a dramatic role in reducing pollution. It’s a great day to recommit to recycling, and to consider adding some additional recycling activities to our daily routines.

Re·store·á·Nation: The Economic Benefits of Restoring the Lands and Waters of our National Parks-- NPCA

This report from the National Parks Conservation Association highlights the need for continuing investments in restoration projects to sustain economies, maintain healthy ecosystems, address climate change, and create American jobs.

The report includes examples from: California, the Great Lakes, Louisiana, Maine, Connecticut, Washington, Colorado, and Arkansas. Click here to view a slide show of report images and projects.

Re·store·á·Nation highlights projects throughout the country that demonstrate economic benefits, including:

• Restoring coastal wetlands in Connecticut was significantly correlated with an average increase in housing values of more than $11,000.
• Implementing a comprehensive Great Lakes restoration strategy could support nearly $50 billion in economic activity in the region.
• Restoring the Elwha River in Olympic National Park is projected to generate 1,200 new jobs in Clallam County, Washington.
• Implementing Florida’s state climate action plan would generate 148,000 jobs over 16 years, including nearly 40,000 jobs restoring and establishing forests.

The report also includes the findings of a recent study that found conserving or restoring land instead of using it for industrial development is correlated with sustained economic growth.

Acton Roundtable 2: Marxism, Utopianism, Environmentalism

“Environmentalism, Marxism, Utopianism,” Part 2 of a recent Acton roundtable discussion, is now available. Michael Miller leads a discussion with Samuel Gregg, Jordan Ballor and Anielka Munkel about environmentalism, Marxism, liberation, theology, Christian syncretism, Utopianism and one of Michael’s favorite topics, Alexis de Tocqueville.

Pace Law School Environmental Consortium

Pace Law School is pleased to partner with the Environmental Consortium of Hudson Valley Colleges & Universities to announce the 2011 scholarship for incoming first year students. Pace University, through the Pace Academy for Applied Environmental Studies, was instrumental in organizing the Environmental Consortium that now includes 55 institutions of higher education in the Hudson Valley region. The mission of the Consortium is to harness higher education’s intellectual and physical resources to advance regional, ecosystem-based environmental research, teaching, and learning through interdisciplinary, collaborative programs and information sharing.

In support of the Consortium’s mission, Pace Law School is offering a “Merit Scholarship” award to a fall 2011 entering student who is either currently enrolled in or has earned his or her bachelors or masters degree from one of the Consortium’s member institutions and has demonstrated an interest in environmental issues affecting the Hudson River watershed region.

Scholarship benefits consist of a merit scholarship ranging from $3,000 to $10,000 towards law school tuition, depending upon the student’s qualifications and Pace’s financial resources. The award is renewable each year based on continued academic excellence. The scholarship recipient will be expected to complete at least one written work related to a regional environmental issue(s) while at Pace Law School.

AMOUNT OF AWARD: up to $10,000

Potomac Conservancy Report: State of the Nation's River 2010

This report Farms and Forests: Rural Land Use in the Potomac Watershed, highlights the value of our natural and working landscapes, as well as the pressures facing both from man-made causes, primarily development.

The report makes the case for placing a high value on forested lands, and also appropriately scaled and well-managed farms, by recognizing the value of such lands when compared to developed or built environments. We highlight the importance of rural lands in this developing watershed, and discuss the stressors that are currently affecting the health of lands and waters in the Potomac region.

The potential for significant pollution from agricultural lands does not diminish the cultural and economic importance of farming. Pollution from nutrients, disease-causing organisms such as E. coli and carcinogens and mutagens such as endocrine disrupting compounds from antibiotics, herbicides, and pesticides can be lessened with adherence to best management practices.