cjel: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called cjel.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Environmental; Note; Supra; Court; Act; State; U.s; Use; Public; Epa; Policy; Section; Climate; Land; Water; Risk; Property; Waste; National; Space; Editor; Http://www.havasupaitribe.com/; Http://landuselaw.jmbm.com/2013/09/last-minute-ceqa-bill-brings-significant-changes-for-major-infrastructure-projects-and-projects-with.html

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• Rate Base the Charge Space: The Law of Utility EV Infrastructure Investment by Orford, Adam (2022) - These concerns animate all of the other debates regarding utility EVSE investment. Still today, environmental nonprofits often support utility EV charging infrastructure expenditures in regulatory proceedings.56 These arguments, however, were all coming from stakeholders who would benefit in one way or another from utility EVSE investment. Keywords: application; approval; apr; base; benefit; cal; california; case; charge; charging; co.; columbia; commission; comm’n; costs; decision; dep’t; electric; electricity; energy; environmental; evse; feb; funding; grid; infrastructure; investment; jan; june; law; mass; new; nov; oct; order; p.u.c; pilot; plan; policy; power; program; proposals; public; rate; ratepayer; regulatory; settlement; space; spending; state; stations; transportation; utilities; utility; utility evse; vehicle; vol
• A Bottom-Up Dilemma: International Investment Law and Environmental Governance by Zhu, Ying (2022) - See Bilateral Investment Treaty, Morocco-Viet., art. Bilateral Investment Treaty, Can.-Ukr., art. Keywords: agreement; art; case; clause; dilemma; environmental; expectations; governance; government; host; int’l; investment; investment governance; investment law; investment treaty; investor; law; polycentric; protection; state; treaties; tribunals
• Regulation of the Voluntary Carbon Offset Market: Shifting the Burden of Climate Change Mitigation from Individual to Collective Action by Franki, Nicole (2022) - 177 Regulation of the Voluntary Carbon Offset Market: Shifting the Burden of Climate Change Mitigation from Individual to Collective Action Nicole Franki* Carbon offsets are often emphasized as effective and easily accessible tools in the effort to mitigate the looming threat of climate change. First, there is no centralized regulatory system for carbon offsets. Keywords: carbon; carbon offset; change; claims; climate; columbia; consumers; credits; emissions; environmental; forest; green; journal; law; market; marketing; neoliberalism; note; offset; offset market; program; project; protocol; reductions; regulation; state; supra
• Rotting Under the Bridge: How False Data is Polluting Administrative Rulemaking by Flatt, Victor; Bryner, Nicholas (2023) - For example, do state laws allow (much less require) state agencies to adopt more stringent environmental requirements than those found in federal law and regulations?166 While this should be relatively straightforward, the economic analyses’ conclusions on this issue fail in actually correctly applying legal analysis to the facts. This phenomenon of state legislatures codifying federal law as a regulatory “ceiling”— prohibiting state agencies from adopting more stringent restrictions—dates back all the way to 1975, in the early days of the major federal statutes. Keywords: agencies; agency; analysis; benefits; cost; data; environmental; epa; executive; federal; final; impact; jurisdiction; law; new; order; process; regulation; review; rule; rulemaking; state; trump; u.s; waters
• The Next Generation of Environmental Monitoring: Environmental DNA in Agency Practice by Laschever, Eric ; Kelly, Ryan; Hoge, Michelle ; Lee, Kai (2023) - As with the ESA, courts review agency NEPA decisions under the APA and apply the arbitrary and capricious standard to evaluate the agency’s decisions at either of two relevant steps in the process: 1) in accepting the significance determination in an EA/FONSI (Finding of 149. Using eDNA Under NEPA While we have not found widespread agency use of eDNA data in NEPA environmental documents,179 federal agencies involved in offshore energy development have identified eDNA as an appropriate source of information that could be included in NEPA review of various stages of such development180 and have identified eDNA monitoring as part of a wind energy lease proposal. Keywords: act; action; agencies; agency; analysis; court; data; decisions; edna; edna data; eis; endangered; environmental; esa; evidence; example; federal; information; invasive; law; management; methods; michigan; monitoring; nepa; note; project; review; species; standard; supra; u.s; use
• Ecoworship and Federal Environmental Law by Hester, Tracy (2023) - Even if the Supreme Court ultimately balks at affirmatively overruling Smith and fails to expansively interpret RFRA and RLUIPA for religious environmental claims, the parallel but 110. As noted earlier, this new variety of religious environmentalism has already begun to percolate in the lower courts.166 The added dimensions of federally protected property rights (when the claimant owns the property at issue), the sharpened stakes when a government seeks to limit an adherent’s use of their own property for religious purposes, and the broad Congressional sanction of statutory remedies under RLUIPA offer a strong setting for potential cases to test the limits of protections for religious environmental claims. Keywords: actions; beliefs; burden; church; claims; columbia; court; ecoworship; environmental; epa; example; exemptions; exercise; federal; government; health; individual; interpretation; journal; justice; land; law; laws; protection; public; rfra; rluipa; standards; standing; state; statutes; statutory; u.s; united; use; vol
• Impact Fees in New York City? Legal Authority, Constraints, and Potential Options by Minelli, Adalene (2023) - If a local government passes a law that exceeds the scope of the legislative grant that the State has provided, the relevant law will be invalidated as ultra vires.79 A number of states have passed statutes that explicitly grant their local governments the authority to pass local impact fees. And while the court ultimately invalidated Yorktown’s particular fee program on procedural grounds,102 commentators generally read Kamhi as having endorsed the idea that local impact fees could, at least in theory, be grounded in Section 10 of the MHRL alone, without more specific enabling legislation.103 As a starting point, then, it seems reasonable to suspect that New York City’s home rule authority could provide a basis of authority for adopting some sort of fee. Keywords: authority; ceqr; city; costs; court; development; environmental; governments; home; housing; impact fees; impacts; infrastructure; land; law; mitigation; mitigation fees; n.y; new; new york; program; public; review; rule; seqra; state; town; use; york city; york state
• Wood Pellet Production in the U.S. South and Exportation for ‘Renewable’ Energy in Europe: The New Green Sacrifice Zone by Shumway, Emma (2023) - A life-cycle analysis of wood pellet biomass casts doubt on this label. A. Correcting Carbon Accounting and Removing Status as Renewable Energy Stripping wood pellet biomass of its renewable energy status is not a novel concept—calls for this change are becoming increasingly common,233 and on December 15, 2022, Australia made history by reversing its characterization of woody biomass derived from native forests as renewable.234 This is a straightforward solution that could be implemented in the EU’s RED and U.K.’s Promotion of the Use of Energy from Renewables Sources Regulations. Keywords: accounting; agreement; air; biomass; carbon; change; climate; co2; communities; emissions; energy; environmental; enviva; et al; forest; green; guidelines; international; ipcc; law; national; new; note; paris; pellet production; pellets; production; south; states; supra; u.k; u.s; wood; wood pellet
• Localizing the Public Trust by Lyness, Sean (2024) - See, e.g., Craig supra note 21 at 797 (“While state public trust doctrines cannot remove all of these barriers [to climate change adaptation], in many states they have already success- fully negotiated some of them, such as private property rights.”); but see Joseph Regalia, The Public Trust Doctrine and the Climate Crisis: Panacea or Platitude? Res., 946 N.W.2d 373, 385–87 (Minn. 2020) (advocating unsuccessfully for application of public trust doctrine to groundwater). 20. Keywords: access; action; article; authority; autonomy; benefits; change; city; climate; environmental; env’t; federal; federalism; governments; journal; justice; l. rev; land; law; localism; note; public; public trust; requirements; resources; rev; rights; role; rule; sax; state; supra; supra note; trust doctrine; trust resources; use
• The Methane Majors: Climate Change and Animal Agriculture in U.S. Courts by Bray, Daina; Poston, Thomas M. (2024) - The Methane Majors 163 and UNEP, defining climate change litigation to include “cases that raise material issues of law or fact relating to climate change mitiga- tion, adaptation or the science of climate change.”88 E.g., Michelle Nowlin & Emily Spiegel, Much Ado About Methane: Intensive Animal Agri- culture and Greenhouse Gas Emissions, in RESEARCH HANDBOOK ON CLIMATE CHANGE AND AGRICULTURAL LAW 228, 243 (Mary Jane Angelo & Anél Du Plesis eds., 2017) (“Livestock pro- duction is not only a contributor to climate change, but also a sector deeply affected by it.”); DAVID CARLIN ET AL., U.N. ENV’T PROGRAMME: Keywords: act; action; agency; agriculture emissions; animal agriculture; beef; carbon; case; claims; climate; climate change; climate impacts; climate litigation; climate tort; columbia; companies; complaint; consumer; corp; court; dairy; decision; directors; duty; emissions; environmental; env’t; epa; example; farm; federal; file; food; fossil; fuel; gas; ghg; ghg emissions; global; government; greenhouse; harms; impacts; industry; information; jbs; journal; law; laws; lawsuits; liability; litigation; livestock; majors; mar; meat; methane; methane emissions; national; new; note; nuisance; operations; plaintiffs; potential; products; protection; public; regulatory; rev; right; risks; shareholder; smith; state; statutes; suits; supra; supra note; text; tort; u.s; united; vol
• Bystanders to a Public Health Crisis: The Failures of the U.S. Multi-Agency Regulatory Approach to Food Safety in the Face of Persistent Organic Pollutants by Cronin, Katya (2024) - The same study revealed that a staggering 95% of the 120 samples of strawberries tested contained PFAS pesticide residue.286 Earlier studies from the European Union have likewise demonstrated a sharp increase in the levels of PFAS pesticide residue on fruit and vegetables over ten years—as high as a 3,277% increase in vegetables in Austria, for example.287 The fact that PFAS are used in pesticide formulations coupled with data that they occur in significant quantities as pesticide residue on food products provides strong regulatory basis for EPA to act on this threat in two ways. Capitalizing on the Biden Admin- istration’s stated interest in combatting PFAS contamination,263 EPA issued its “PFAS Roadmap” in 2021 and has steadily been working towards remediating and reducing PFAS through multiple avenues under its existing regulatory authority.264 Where other agencies are still in the early stages of researching these substances and refining their testing methods, EPA has amassed a significant knowledge bank on the spread, chemical profile, health effects, and environmen- tal behavior of these chemicals.265 This record of action makes it best suited to handle PFAS’ scientific complexity and ubiquitous spread on an accelerated timeline. Keywords: act; action; agency; authority; bystanders; chemicals; columbia; contamination; crisis; drug; environmental; env’t; epa; fda; federal; food; food products; food safety; fsis; health; human; industry; inert; ingredients; inspection; journal; law; new; note; pesticide; pfas; products; prot; public; regulation; residue; substances; supra; system; tolerance; u.s; u.s.c; usda; use; vol; water
• The Private Litigation Impact of New York’s Green Amendment by Lockman, Martin; Bianchi, Evan; Di Luccio, Sean; Nolette, Vincent (2024) - If the language of the NYGA is interpreted to be a powerful tool for protecting private environmental rights against private parties, that interpretation may help to shape state environ- mental movements across the country. The sections of New York environmental law that do explicitly permit private litigation are the exceptions that prove this rule. Keywords: action; air; amendment; article; cases; cause; clean; constitution; contract; court; environmental; green; history; impact; inc; law; litigation; mga; montana; n.y; new york; note; nuisance; nyga; parties; pennsylvania; pga; policy; property; provision; public; rights; section; state; supra; supreme; york courts; york law; york state
• Defending Race-Conscious Policy: New York State’s Criteria for Identifying Disadvantaged Communities by Jones, Jack (2024) - Actions undertaken by New York state to mitigate greenhouse gas emissions should prioritize the safety and health of disadvantaged communities, control potential regressive impacts of future climate change mitiga- tion and adaptation policies on these communities, and prioritize the allocation of public investments in these areas.20 Accordingly, the CLCPA makes a number of commitments to “dis- advantaged communities,” including directing DEC to “[p]rioritize measures to maximize net reductions of greenhouse gas emissions and co-pollutants in disadvantaged communities . . . th[e] result [of] the in- dependent action of some third party not before the court”; and 3) that it is “likely,” rather than “speculative,” that the injury will be re- dressed if the court decides for the plaintiff.190 In order to challenge an administrative action in New York state courts, plaintiffs must satisfy a two-part test: they must show 1) injury in fact, meaning that the “plaintiff will actually be harmed by the challenged administra- tive action”; and 2) the injury “must fall within the zone of interests or concerns sought to be promoted or protected by the statutory provision under which the agency has acted. Keywords: action; cjwg; clause; clcpa; climate; communities; court; criteria; dac; dacs; discrimination; environmental; government; income; indicators; journal; justice; law; n.y; new; note; percent; plaintiff; policy; protection; race; state; tracts; u.s; york
• Corporate Sustainability Due Diligence: Combining Human Rights and the Environment by Shulman, Skylar (2024) - In 2011, the United Nations’ Guiding Principles on Business and Human Rights (UNGPs) were introduced in an attempt to address the shortcomings of prior voluntary efforts by proclaiming an obligation for corporations to respect human rights and perform human rights due diligence (HRDD).8 In response, there has been a steady increase in legal ef- forts to impose mandatory human rights due diligence (mHRDD) re- quirements on corporations, and major European nations such as tion). See, e.g., CHIARA MACCHI, BUSINESS, HUMAN RIGHTS AND THE ENVIRONMENT: THE EVOLVING AGENDA 94 (2022) (“[T]he concept of human rights due diligence under the UNGPs has envi- ronmental and climate change dimensions which must be adequately captured by corporate policies and processes.”); Mikko Rajavuori et al., Mandatory Due Diligence Laws and Climate Change Litigation: Bridging the Corporate Climate Accountability Gap?, 17 REGUL. & GOVERNANCE 944, 946 (2023) (stating that human rights due diligence is a set of distinct corporate respon- sibilities that “entail the creation of processes through which companies themselves manage their potential and actual adverse human rights and environmental impacts.”). Keywords: business; chains; companies; corporate; corporations; cs3d; csr; diligence; directive; environmental; european; hrdd; human; human rights; impacts; international; law; legislation; martin; principles; responsibility; rights; rights impacts; rights law; states; supply; supra note; sustainability; value
• Toward a Future-Facing Climate Policy: Shifting the Focus from Emission Regulation to the Energy Transition by Farber, Daniel A. (2025) - Part III of this Article is dedicated to the subject of the innovation and deployment of clean energy technologies. And as discussed later in the Article, clean energy technologies are increasingly appealing in purely economic terms. Keywords: act; agency; air; bill; carbon; change; clean; climate; climate policy; columbia; congress; cost; emissions; energy; environmental; epa; fossil; funding; future; gas; green; greenhouse; inflation; infrastructure; innovation; ira; journal; law; new; note; policy; power; provisions; reduction; regulation; solar; states; support; supra; system; tax; technologies; transition; u.s
• Navigating Rough Waters After Sackett v. EPA: Federal, Tribal, and State Strategies by Grewal, Rajpreet K.; Scanlan, Melissa K. (2025) - II. IMPORTANCE AND VITAL FUNCTIONS OF WETLANDS AND EPHEMERAL AND INTERMITTENT STREAMS A. Wetlands In the first few months after the Sackett decision, the U.S. Environ- mental Protection Agency (EPA) estimated the elimination of federal jurisdiction may result in the loss of protection of 63% of the Nation’s wetland acres.5 To better understand this loss of jurisdiction, we re- view the scientific literature on the importance and vital functions of wetlands. In its most recent con- gressionally-mandated report, “Status and Trends of Wetlands in the Conterminous United States 2009 to 2019” (Status and Trends Re- port), the U.S. Fish and Wildlife Service discusses the change in the amount of wetlands in the study decade.17 They report that in 2019, “there were an estimated 116.4M ac (47.1M ha) of wetlands in the conterminous U.S.”18 In the study decade, the amount of wetland losses surpassed wetland gains resulting in a net wetland loss of 221,000 acres between 2009 and 2019.19 This, when compared to the previous report period (2004–2009), showed an accelerated rate of net wetland loss by over 50%.20 Looking closer at the categories of wetlands, the Status and Trends Report highlighted that the data “in- dicates a fundamental alteration of wetland type at a national scale”21 moving from vegetated wetlands to non-vegetated wetlands, obscur- ing the magnitude of vegetated wetland loss.22 From 2009–2019, veg- etated wetlands had a net decrease of 670,000 acres, an area exceed- ing the land area of Rhode Island.23 However, non-vegetated wetlands increased in net area by 488,000 acres.24 Non-vegetated wetlands in- clude beaches, mud flats, shoals, and sand bars.25 These reports show a trend in wetlands loss measured in acres and in quality (vegetated to non-vegetated) over time. Keywords: act; agency; columbia; court; cwa; definition; environmental; env’t; epa; federal; journal; jurisdiction; law; new; note; permit; program; protections; quality; rule; sackett; section; states; streams; supra; surface; tribal; tribes; u.s; united; united states; usace; water quality; waters; wetlands; wisconsin; wotus
• State Administrative Constitutionalism and Environmental Rights: Judicial Review and New York’s Green Amendment by Schrager, Olivia (2025) - The interpretation and enforcement of state consti- tutional rights to education provide a prominent example.21 A state court ruling on state constitutional rights therefore cannot justify an abdication of duty predicated on judicial restraint, the countermajori- tarian difficulty, or the separation of powers.22 Scholarship on administrative constitutionalism further demon- strates how inappropriate judicial abdication is in the context of pos- itive rights. In contrast, the numerosity of state constitutional rights—and the fact that positive rights command state action—means that these state rights often conflict with one another.42 Judges cannot view the existence of one right as a trump over all other considerations and hope to duly interpret all rights laid out in their state’s constitution; positive rights do not lend themselves to implementation using that interpretive framework. Keywords: agencies; agency; amendment; constitutionalism; courts; deference; environmental; federal; green; judges; law; new; note; review; rights; seqra; state; supra; supra note; york
• Wildfire Smoke and U.S. Law by Gerrard, Michael B. (2025) - For more on long-distance transport of wildfire smoke, see Gary A. Morris et al., Alaskan and Canadian forest fires exacerbate ozone pollution over Houston, Texas, on 19 and 20 July 2004, 111 J. GEOPHYSICAL RSCH., no. Calum X. Cunningham et al., Increasing frequency and intensity of the most extreme wildfires on Earth, NATURE ECOLOGY & EVOLUTION (June 4, 2024), https://www.wri.org/insights/global- trends-forest-fires [On File with the Columbia Journal of Environmental Law]; James MacCarthy et al., The Latest Data Confirms: Forest Fires Are Getting Worse, WORLD RES. INST. Keywords: acres; act; agency; air; air quality; areas; aug; building; burning; burns; california; canada; carbon; change; climate; columbia journal; communities; conditions; court; emissions; environmental; env’t; epa; et al; events; exposure; federal; file; forest; forest fire; fuel; government; health; homes; impacts; insurance; jan; june; law; liability; management; mar; n.y; national; nature; nat’l; nepa; new; note; oct; people; pm2.5; policies; policy; pollution; prescribed; program; public; quality; regulations; review; risk; rsch; sci; service; states; study; supra; times; u.s; u.s.c; united; use; vol; wildfire risk; wildfire smoke; wildfires; wildland; wildland fire; wui; years
• When Canons Can Corrupt: Clear Statement Rules in Administrative Law by McGarity, Thomas (2025) - Proponents maintain that clear statement rules assist courts in in- terpreting statutes in ways that accurately reflect congressional in- tent.98 In the case of normative clear statement rules, however, this position is based on the assumption that Congress intended to protect the values that the clear statement rules instantiate. This article explores the virtues and disadvantages of aggressive judi- cial deployment of clear statement rules and concludes that the consid- erable disadvantages outweigh the modest virtues. Keywords: administrative; agencies; agency; barrett; canons; columbia; congress; court; doctrine; environmental; epa; federal; federalism; journal; justice; language; law; power; property; questions; rev; statement rules; statutes; statutory; supra note; supreme; supreme court; u.s
• Mitigating Damage from Natural Disasters: Requiring the Retrofitting of Pre-Existing Buildings to Meet Safety Standards by Richardson, Danielle (2025) - In the aftermath of the 2012 Hurricane Sandy, which destroyed around 300 homes in New York City, damaged over 69,000 residential units, and caused $19 billion in damages, New York City established new building codes to try to mitigate the damage from future hurri- canes.92 On January 31, 2013, New York City implemented a new rule regarding design flood elevations for buildings in Structural Occu- pancy Category I and II which would require a design flood elevation of at least one to two feet higher—depending on the dwelling type— than previous levels.93 This Note will argue that state and local governments should change building codes to require that existing buildings be retrofitted in a timely manner to be able to withstand future natural disasters. Keywords: building codes; buildings; california; change; climate; codes; columbia; communities; damage; disasters; environmental; hazard; homes; hurricane; law; new; note; property; retrofitting; standards
• The New Agriculture: From Food Farms to Solar Farms by Owley, Jessica; Morris, Amy Wilson (2019) - They do so in part because agricultural lands are environmentally impaired compared with more ecologically pristine desert sites that had been a previous focus of solar developers and a major source of concern for environmental groups (and subject to expensive mitigation requirements under the Endangered Species Act).5 These new energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. As originally enacted, only lands already enrolled as Williamson Act lands could become FSZ contracts. Keywords: acres; act; agricultural; areas; california; cancellation; change; climate; code; conservation; contracts; counties; county; developers; development; energy; energy development; environmental; facilities; farmland; interview; land; land use; law; macro-6.2.19; mitigation; note; owley&morris; percent; prime; projects; report; san; solar; state; supra; supra note; transmission; use; water; west; williamson; williamson act
• Toward a Legal Standard of Tolerable Heat by Gregor, Ashley M. (2019) - THE PHYSIOLOGICAL EFFECTS OF EXTREME HEAT It is clear that extreme heat directly inhibits the body’s ability to cool itself off. ADAPTING TO EXTREME HEAT: SUCCESSES & RECOMMENDATIONS As demonstrated in Part III, the American legal system is characterized by disparate and ambiguous standards regarding extreme heat, making it ill-equipped to address the mounting dangers of climate change. Keywords: act; air; body; change; climate; columbia; conditioning; conditions; construction; cooling; criteria; d. gregor; emergency; environmental; exposure; extreme; federal; fire; gregor; guidance; health; heat; heat exposure; heat illness; heat safety; heat stress; housing; illness; journal; law; macro-5; military; new; niosh; note; occupational; osha; program; public; regulations; response; safety; standard; state; supra; supra note; temperature; training; u.s; vol; water; wbgt; weather; work; workers; workplace
• The Necessity Defense and Climate Change: A Climate Change Litigant’s Guide by Rausch, Joseph (2019) - For an extended discussion of how the imminence prong has been improperly used in climate necessity defense cases and how it should mimic the imminence requirement of the standing doctrine, see Long & Hamilton, supra note 25, at 89–96. However, there is hope, as the treatment of imminence in necessity defense cases is inconsistent with how the Supreme Court has treated imminence in its standing doctrine.45 Keywords: case; climate; climate change; climate defense; climate necessity; court; defendants; disobedience; environmental; harm; jury; law; long; necessity defense; note; protest; rausch; state; supra; supra note; united; use
• A Risky Business: Generation of Nuclear Power and Deepwater Drilling for Offshore Oil and Gas by Babcock, Hope M. (2012) - For an extended discussion of how the imminence prong has been improperly used in climate necessity defense cases and how it should mimic the imminence requirement of the standing doctrine, see Long & Hamilton, supra note 25, at 89–96. However, there is hope, as the treatment of imminence in necessity defense cases is inconsistent with how the Supreme Court has treated imminence in its standing doctrine.45 Keywords: case; climate; climate change; climate defense; climate necessity; court; defendants; disobedience; environmental; harm; jury; law; long; necessity defense; note; protest; rausch; state; supra; supra note; united; use
• The Benefits of Development and Environmental Injustice by Geisinger, Alex (2019) - 37:2 Article also explains how a benefits-based regulatory regime may overcome the cost problem that currently hamstrings efforts to decrease the risks created by new LULUs in environmental justice communities. While substantial research has documented the disproportionate allocation of harm to environmental justice communities, little effort has been made to consider whether the benefits assumed to flow from this same development actually accrue to the community.66 Indeed, to the extent community groups have sought to capture benefits, the literature seems to treat their efforts as somewhat unfounded and based solely on power rather than the existence of any form of distributional harm. Keywords: agency; benefits; cbas; communities; community; community benefits; development; environmental; environmental justice; envtl; federal; income; injustice; justice; law; lulu; members; minority; new; note; pollution; regulation; scheme; supra; title
• Aviation, Carbon, and the Clean Air Act by Richardson, Nathan (2019) - Scholars have argued both sides of this issue in the context of the E.U. ETS policy.219 In any case, imposing EPA aviation emissions standards on foreign- flag aircraft would be internationally controversial, and might be challenged in court—as noted, many countries beside the U.S. have strongly opposed the E.U.’s similar move.220 No matter what the Agency does to regulate aviation emissions, some litigation by industry groups is 218. As long as a participating nation of ICAO adopts aircraft emission standards that are equal to or more stringent than ICAO’s standards, the certificates of airworthiness for such nations are valid. Keywords: act; agency; air act; aircraft; authority; aviation; aviation emissions; caa; clean; clean air; e.u; emissions; emissions standards; engines; environmental; epa; ghg; note; regulation; section; standards; title; u.s
• A Triple Bottom Line for Electric Utility Regulation: Aligning State-Level Energy, Environmental, and Consumer Protection Goals by Monast, Jonas J.; Adair, Sarah K. (2013) - 4 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 38:1 aligning state energy, environmental, and consumer protection goals within the current regulatory system, and proposes a “triple bottom line” (“TBL”) approach to state utility regulation to achieve this alignment.8 The original TBL concept encourages businesses and governments to measure value by considering environmental and social dimensions in addition to fiscal considerations.9 By comparison, the TBL approach for electric utility regulation proposed here aims to harmonize existing state policy goals of ensuring: (1) affordable electricity; (2) reliable electricity; and (3) protection of public health and the environment.10 Specifically, it allows officials across state governments to consider how their roles affect all three TBL pillars, thereby enabling informed decision making and comprehensive problem solving to improve outcomes across all three goals. In some instances, state utility regulation may lead utilities to construct facilities that emit higher levels of pollution in order to maintain relatively lower electricity prices, ignoring, for example, the possibility that more stringent air pollution rules in the future may encourage reliance on electricity from conventional pulverized coal plants over a nuclear plant or a wind farm with a natural gas plant as backup.12 This decision could make air pollution problems more acute, conflicting with environmental goals and potentially leading to calls for more stringent pollution controls. Keywords: act; air; clean; coal; compliance; costs; efficiency; electric; electricity; emissions; energy; energy efficiency; environmental; epa; example; future; gas; generation; goals; investments; law; line; new; note; planning; plants; policy; pollution; power; public; pucs; regulation; regulators; requirements; standards; state; state energy; supra; term; utilities; utility; utility regulation
• Greenwashing 2.0 by Lane, Eric L. (2019) - See infra Parts I.B–C (discussing consumer product greenwashing cases). 2013] This Part also takes note of the greenwashing “blind spot” in the media, research organizations, and commentators, none of which have focused attention on green commercial consumer cases. Keywords: actions; activity; advertising; cases; claims; clean; complaint; consumers; eco; energy; environmental; farm; fuel; greenwashing; greenwashing cases; greenwashing paradigm; growth; inc; industry; infringement; law; marketing; new; note; paradigm; power; products; project; solar; suntech; supra; tech; turbines; wind
• Missing the Forest and the Trees: Lost Opportunities for Federal Land Exchanges by Miller, Scott K. (2019) - When doing so, however, the unique context of federal land exchanges, which broadly represent a type of hybrid approach that can include significant aspects of both regulatory and voluntary market dynamics, should be taken into account. Although the analyses and principles discussed here largely are applicable to all federal land disposals, 32 this Article concentrates on federal land exchanges, which are the primary tool for the land management agencies’ landownership adjustment programs today. Keywords: acres; agencies; agency; blm; blm land; c.f.r; cir; conservation; costs; development; environmental; exchanges; federal; forest; forest land; forest service; future; government; impacts; interest; land; land exchange; land law; land management; land use; law; national; nepa; note; public; regulations; resources; restrictions; state; supra; supra note; u.s; u.s.c; use restrictions
• Smart Sprawl? Green Aspirations and the Lowdown on High-Density Suburbia by Pavone, Paige (2019) - Scott L. Reichle, Utilization of Cluster Developments, Conditional Zoning and Transfer of Development Rights in Conjunction with Conservation Easements as a Means of Sustainable Land Development in Virginia, 9 APPALACHIAN J.L. 21, 35 (2009) (“[C]luster developments should provide an appropriate vehicle for offsets of property placed in conservation in exchange for higher density development.”). L. & POL’Y 45, 66 (2003) (advocating for “targeting development towards a revitalized higher density central city with the development of higher density in-fill”). Keywords: ann; architecture; bonuses; clustering; communities; community; density; density islands; developers; development; energy; environmental; growth; islands; law; new; note; public; residents; rev; space; sprawl; stat; supra; supra note; unit; use; west; zoning
• Legal & Scientific Integrity in Advancing a “Land Degradation Neutral World” by Welton, Shelley; Biasutti, Michela; Gerrard, Michael B. (2019) - Defining the Term In striving for land degradation neutrality, it is first necessary to confront the complex question of what land degradation is. As the UNCCD has explained, this “neutralizing” of land degradation would come about through “a global shift in land stewardship such that degradation of new areas is avoided, and unavoidable degradation is offset by restoring an equal amount of already degraded land in the same time and in the same ecosystem. Keywords: biodiversity; carbon; change; climate; columbia; convention; countries; desertification; development; ecosystem; emissions; environmental; et al; forest; framework; funding; global; goals; integrity; international; land degradation; law; ldnw; loss; mitigation; neutrality; new; offset; program; redd+; restoration; services; supra note; unccd; united; wetlands; wmb; world; znld
• Restating Environmental Law by Hester, Tracy; Percival, Robert; Russell, Irma; Flatt, Victor; Mintz, Joel (2019) - See supra notes 28–29. 20 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 40:1 implemented its own programs to regulate air, water, and waste pollution, environmental law has bloomed into a rich and fractious body of environmental decisions and standards. 22 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 40:1 include preparing a statement of Principles of Environmental Law rather than a full Restatement as well as a Project dedicated to a discrete subset of environmental law. Keywords: act; air; ali; areas; clean; enforcement; environmental; example; federal; law; laws; members; note; principles; programs; project; restatement; states; statutes; supra; u.s; u.s.c; work; workgroup
• Beyond Gridlock by Vandenbergh, Michael P.; Gilligan, Jonathan A. (2019) - Although the technical potential and behavioral plasticity of private climate initiatives are important, this Article argues that a third concept, policy plasticity, has been given insufficient attention in climate debates.22 For climate 17. Although the totals have varied from year to year, a recent CDP report suggested that participating firms reduced emissions by almost 500 million tons of CO2e in 2012.212 Reports by other NGOs have indicated comparable levels of emissions reductions.213 Some of these reductions may not be the result of private climate initiatives or may be overstated, but the CDP report includes reductions by only several hundred firms, and the CDP has only taken initial steps to extend reporting to suppliers. Keywords: action; carbon; carbon emissions; chain; climate; climate change; climate governance; climate initiatives; co2; co2 emissions; columbia; corporations; countries; disclosure; efficiency; efforts; emissions; emissions reductions; energy; environmental; firms; global; governance; governance initiatives; government; green; gridlock; home; household; information; initiatives; international; journal; law; macro-[final; mitigation; national; new; ngos; note; percent; plasticity; policy; potential; price; public; supply; supra; supra note; tons; u.s; use; vandenbergh; vol
• Perpetuating the Cycle: The Failure of APHIS and EPA to Consider the Cumulative Impact of Pairing Herbicides with Herbicide-Resistant Crops by Mahoney, Michael (2019) - See id. MAHONEY-MACRO-[FINAL 6-19] (DO NOT DELETE) 6/22/2015 9:29 PM 208 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 40:2 such as the development of 2,4-D resistant weeds.185 These are effects on the physical environment with a “reasonably close” relationship with the reregistration of 2,4-D and therefore EPA would need to analyze them if performing a NEPA analysis.186 B. EPA’s Registration of Enlist Duo™ EPA’s recent Final Registration of Enlist Duo™ Herbicide (“Enlist Duo Decision”) includes an analysis similar to the agency’s 2,4-D Decision.187 [Vol. 40:2 a. Alternatives EPA did not consider alternatives to the registration of Enlist Duo™ in the Enlist Duo Decision.201 EPA observed that the “emergence of herbicide resistant weeds is an increasing problem that has become a significant economic issue to growers. Keywords: 2,4; aphis; crops; decision; duo; effects; eis; enlist; environmental; epa; herbicide; note; supra; use
• Picking Winners and Losers: A Structural Examination of Tax Subsidies to the Energy Industry by Roberts, Tracey M. (2019) - Meanwhile, the market for renewable energy tax credits has, at times, collapsed. In contrast, tax credit projects have inherent limitations on marketability and liquidity. Keywords: act; benefits; budget; carbon; coal; companies; congress; costs; credits; depreciation; energy; energy tax; environmental; fossil; fuels; gas; i.r.c; income; income tax; industry; investment; investors; law; losers; market; note; oil; partnerships; percent; picking; policy; production; production tax; projects; property; ptc; pub; public; revenue; section; stat; subsidies; supp; support; supra; supra note; tax; tax benefits; tax credit; tax expenditures; tax subsidies; winners; years
• The Risk in Discretion: Substantive NEPA’s Significance by Colburn, Jamison E. (2019) - Presidents have lately prompted coordinated executive action in precisely this fashion.280 However, the President is in no position to dictate acceptability thresholds for all the many risks that NEPA agencies encounter. And the Ninth Circuit itself remains divided over what analytical burdens it may rightly put upon NEPA agencies. Keywords: action; agencies; agency; analysis; c.f.r; ceq; cir; comm’n; council; court; d.c; decision; def; dep’t; discretion; effects; eis; environmental; envtl; executive; f.2d; federal; impact; inc; information; law; national; nepa; note; nuclear; policy; president; reg; regulations; rev; review; risk; rules; section; significance; supra; supra note; u.s; uncertainty; v. u.s
• Reconciling Lujan v. Defenders of Wildlife and Massachusetts v. EPA on the Set of Procedural Rights Eligible for Relaxed Article III Standing by McDougall, Devin (2019) - ”92 Ultimately, the Summers opinion adds almost nothing to the Court’s jurisprudence on procedural rights standing and provides little guidance as to the meaning of Massachusetts’ precedent on procedural rights. In short, both cases share an underlying two-part structure in their definitions of procedural rights, but the Court in Massachusetts applied that two-part structure to recognize a new category of procedural right. Keywords: article; concrete; court; environmental; epa; iii; injury; law; lujan; massachusetts; plaintiffs; requirement; rights; standing; u.s
• Stifling the Wind: California Environmental Quality Act and Local Permitting by Troxler, Brian (2019) - Thus, the short-term availability of tax credits significantly exposes California wind projects to political risks, compounding the uncertainty created by the combination of CEQA review and decentralized siting. The California state government should take a significant step towards this goal by exercising its authority to site wind energy projects and by conducting environmental review of those projects in a uniform, timely, and predictable manner. Keywords: agency; cal; california; capacity; ceqa; code; costs; developers; energy; environmental; note; permitting; power; process; project; review; siting; state; supra; supra note; west; wind; wind energy; wind projects
• Harnessing the Power of the Ground Beneath Our Feet: Encouraging Greater Installation of Geothermal Heat Pumps in the Northeast United States by Denicola, Robert J. (2019) - 122 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 38:1 systems.37 The crucial distinction is that these systems draw in groundwater or surface body water from the immediate environment to use as the fluid that circulates through the heat pump system, instead of using water or an antifreeze solution.38 Once heat has been drawn from or absorbed into the water, it is either injected into the ground or discharged onto the surface.39 B. Ground-source Heat Pumps Use Electricity More Efficiently than Air-Source Heat Pumps to Heat and Cool Buildings Geothermal heat pumps are more environmentally friendly than their air-source heat pump counterparts because geothermal heat pumps are more efficient at heating or cooling buildings. Geothermal heat pumps, solar water heaters, and solar thermal systems are eligible for funding through the On-Bill Recovery Program.122 Connecticut, New Hampshire, Maine, and Pennsylvania run programs that offer loans to individuals and businesses to specifically cover the cost of the installation of renewable energy technologies such as geothermal heat pumps, solar systems, and wind turbines. Keywords: air; ann; building; efficiency; electricity; energy; energy efficiency; energy systems; environmental; gen; geothermal; ground; heat pumps; heating; incentives; installation; jan; law; loan; new; note; program; source heat; stat; states; supp; supra; supra note; tax; use; water; west; wind
• Shedding Light: The Role of Public Utility Commissions in Encouraging Adoption of Energy Efficient Lighting by Low-income Households by Liang, Angelina (2019) - I. INCREASED USE OF ENERGY EFFICIENT LIGHTING IS A LOW-COST, IMMEDIATE, AND SELF-SUSTAINING METHOD OF IMPROVING ELECTRICITY DELIVERY SYSTEMS The effectiveness of widespread adoption of efficient lighting arises from its relative ease and low cost of implementation, by adopting and of N.Y., 653 N.Y.S.2d 502 (N.Y. Sup. [including] frustration at the 2013] Shedding Light 357 Consumers’ fundamental misunderstanding of the EISA could result in failure to comply, consumer backlash, and stockpiling of incandescent bulbs, which “could severely delay, and possibly undermine, the intent of the legislation and the potential for energy efficient lighting in the coming years.” Keywords: adoption; benefits; bulbs; consumers; cost; demand; efficiency; electricity; energy; energy efficiency; environmental; households; incandescent; income; information; law; lighting; new; notes; nypsc; programs; savings; standards; state; supra note; text; u.s; utilities; utility
• Standing Still: The Implications of Clapper for Environmental Plaintiffs’ Constitutional Standing by Chin, Courtney (2019) - and the proactive nature of most environ- mental lawsuits.’”8 It further asserted that “many litigants who were granted standing in Supreme Court cases from the past decade could not have satisfied [Clapper’s] standard,” cit- ing cases like Monsanto Co. v. Geerston Seed Farms and Mas- sachusetts v. EPA as examples.9 Similarly, others have pointed out that Clapper requires environmental plaintiffs “to chal- lenge discrete actions rather than overarching government regulations or policy statements. . . . I then turn to Susan B. Anthony v. Driehaus, a post- Clapper Supreme Court standing decision, and argue that the Court’s use of the “substantial risk” standard confirms my the- sis. Keywords: cases; chin; clapper; context; court; environmental; injury; justice; law; lujan; macro-[final; massachusetts; plaintiffs; risk; standard; standing; u.s
• The Threat Divider: Expanding the Role of the Military in Climate Change Adaptation by Badichek, Gregg (2019) - B. Naval Focus on the Changing Arctic The Navy’s recognition of climate change impacts in the Arctic, and the attendant national security implications of those impacts, serves as a prime example of a military agency’s efforts to develop and apply specialized expertise toward climate change adaptation. Specifically, the armed forces under the DoD7 face unique challenges, but also possess unique advantages, in the realm of climate change adaptation. Keywords: actions; adaptation; agencies; agency; arctic; change adaptation; climate adaptation; climate change; congress; defense; department; development; dod; environmental; executive; impacts; international; law; military; national; navy; note; obama; policy; president; security; states; supra; supra note; threat; u.s; united
• Building an Effective Climate Regime While Avoiding Carbon and Energy Stalemate by Wara, Michael (2019) - Kristin Rypdal et al., Tropospheric Ozone and Aerosols in Climate Agreements; Scientific and Political Challenges, 8 ENVTL. The same was true during the 2008 presidential election cycle, when both candidates Obama and McCain, to the extent that they discussed specifics, focused on carbon emissions from energy use. Keywords: agreement; air; benefits; carbon; carbon dioxide; carbon emissions; climate; climate change; climate pollutants; climate regime; co2; co2 emissions; commitments; compliance; costs; countries; cuts; dioxide; dioxide emissions; emissions; energy; environmental; framework; gases; global; greenhouse; kyoto; law; methane; montreal; ozone; paris; parties; protocol; reductions; slcps; states; supra note; time; unfccc; united; warming; year
• Public Interest Standing and Judicial Review of Environmental Matters: A Comparative Approach by Hammons, Jeffrey T. (2019) - GERRY BATES, ENVIRONMENTAL LAW IN AUSTRALIA 856 (8th ed. 2013). 2016] Public Interest Standing 543 the court.169 The High Court stated that judges look at whether the applicant has raised an issue of real importance to the administration or interpretation of the statute under which review was sought, and whether the applicant raises an issue that has an effect upon a large number of individuals.170 Both of these factors will almost always be satisfied in public interest standing suits, because the nature of the suit (effect upon the community generally) and the suit’s importance (ensuring proper administration of an environmental state) are both characteristics of public interest judicial review in environmental law. One study found that between 1995 and 2001 (after Ex parte Greenpeace), the estimated number of public interest court cases brought by environmental organizations, citizen groups, and 169. Keywords: acf; act; action; commonwealth; court; doctrine; environmental; interest; issue; judicial; law; organization; plaintiff; public; review; standing; united
• Deep Space Thinking: What Elon Musk’s Idea to Nuke Mars Teaches Us About Regulating the “Visionaries and Daredevils” of Outer Space by Herron, Thomas J. (2019) - it is essential that a device have the capacity to cause destructive results by uncontrolled nuclear explosion.70 The meaning of the term “weapon of mass destruction” in the Outer Space Treaty is harder to pin down, especially since the term did not originate with outer space activities in mind.71 This provision reflected the general attitude underlying CSLAA that the DOT should not overregulate the private spaceflight industry before it has the opportunity to grow.231 Even though NASA had regulated outer space activity for a long time, U.S. lawmakers believed that the DOT was ill equipped to exercise complete regulatory authority over for-profit space companies developing their own spaceflight systems.232 CSLAA attempted to balance the needs of the private space industry to evolve in a regulatory environment that neither stifled innovation nor exposed the public to excessive risk.233 Under current U.S. law, the FAA is the lead federal agency within the DOT for regulatory guidance pertaining to private space activity.234 Because the first regulations over non-government space entities were issued in the 1980s—when no appreciable private missions were taking place—the DOT developed a flexible process intended to be responsive to an emerging industry.235 Currently, all vehicles traveling into space or reentering Earth’s atmosphere have to be approved by the FAA’s Office of Commercial Space Transportation (“FAA/AST”). Keywords: activities; activity; article; convention; devices; earth; environmental; faa; government; international; law; liability; mars; mission; musk; nepa; non; nuclear; outer; project; proposal; resources; space; space activities; space law; space treaty; states; supra note; technology; terraforming; thinking; u.s; united; use
• You Say You Want a REV Solution: Considering New York’s Marquee Energy Initiative as Climate Change Policy by Ratzkin, Andrew (2019) - You Say You Want a REV Solution 497 focus omits price signals for GHG externalities from large categories of electric sector energy transactions, including customer-procured fossil DER (via the iPad-like DSP screens), behind the meter installation and operation of fossil-fueled DER,83 and centralized energy generation,84 not to mention the eighty percent of New York GHG emissions outside of the energy sector. See, e.g., GEIS, supra note 7, at B-22 (acknowledging that emissions mitigation measures may not cover small-scale generators participating in REV markets but not expressly entering into transactions to sell services); id. at 5-7 (“REV creates the potential for proliferation of small combustion sources which, in the aggregate, could result in more emissions than an energy structure based on centralized sources of fossil fuel generation . . . . Keywords: bca; carbon; carbon emissions; climate; cost; der; electric; emissions; energy; environmental; fossil; generation; ghg; ghg emissions; market; new; order; paper; policy; price; ratemaking; reduction; rev; state; supra note; tax; utility; white; york
• The Natural Gas Act, State Environmental Policy, and the Jurisdiction of the Federal Circuit Courts by Jones, Channing (2019) - The Natural Gas Act and State Agency Challenges 195 This Section has assumed that state laws implementing cooperative federalism statutes should be considered state law for the purpose of determining the jurisdiction of the federal courts. This is subject to the narrow Grable & Sons “federal element” exception that federal courts may exercise original jurisdiction over substantial and disputed federal law issues nevertheless arising under state law causes of action, so long as federal court jurisdiction does not upset the federal-state balance.108 This Note takes the view that even where state law implements a federal cooperative scheme, a claim facially arising under state- promulgated law should be treated as state law.109 Under this approach, in spite of section 19(d), a challenge arising under state 108. Keywords: act; action; agency; certification; challenges; circuit; congress; court; environmental; federal; ferc; gas; jurisdiction; law; nga; quality; question; review; section; state; state agency; state law; water
• Michigan: An Intrusive Inquiry into EPA’s Rulemaking Process by Packard, Lauren (2019) - In her dissent, Justice Kagan pointed out that the agency had considered costs at the implementation stage of the rulemaking process and criticized the majority for its “micromanagement” of EPA’s rulemaking process.6 This Note will argue that Michigan reflects, for the first time, a presumption in favor of cost considerations by the Court. Although cost considerations do not require cost-benefit balancing per se, agencies should consider framing considerations as such 1. Keywords: act; agencies; agency; air; analysis; benefit; cba; chevron; clean; considerations; cost; court; decision; environmental; epa; justice; michigan; note; power; process; regulation; rule; scalia; section; supra; u.s
• Losing Ground: A Clarion Call for Farm Bill Reform to Ensure a Food Secure Future by Ristino, Laurie; Steier, Gabriela (2019) - The Soil Conservation Service was renamed the Natural Resources Conservation Service during the Clinton administration to reflect its growing role in improving 66 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 42:1 for soil conservation in the 1930s, agricultural soil is still being seriously degraded. NRCS, the agency charged with carrying out the federal policy of soil conservation, defines soil health as “the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans,” which “speaks to the importance of managing soils so they are sustainable for future generations. Keywords: act; agriculture; bill; compliance; conservation; conservation compliance; crop; data; environmental; erosion; farm; farm bill; food; health; insurance; journal; land; law; note; nrcs; policy; practices; production; program; pub; reform; research; soil; soil conservation; soil erosion; stat; states; supra; u.s; usda; use; water
• Emerging Legal and Institutional Responses to Sea-Level Rise in Florida and Beyond by Markell, David L. (2019) - 2016 Responses to Sea-Level Rise in Florida and Beyond 9 The legislature indicated that it was enabling local governments to designate one or more AAAs to facilitate their efforts to promote resilience to coastal flooding caused by sea-level rise and other events: “Local governments that adopt an adaptation action area may consider policies within the coastal management element to improve resilience to coastal flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea-level rise. § 163.3161(2) (2016) (providing that “[i]t is the purpose of this act to utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government”). Keywords: action; adaptation; areas; change; climate; climate change; compact; comprehensive; development; environmental; fla; florida; governance; governments; impacts; law; level; level rise; management; plan; planning; regional; review; rise; sea; sea level; slr; state; strategies; supra note; use; work
• Think Global: International Reciprocity as Justification for a Global Social Cost of Carbon by Howard, Peter; Schwartz, Jason (2019) - However, Canada and Mexico have pledged to harmonize their SCC values with U.S. global estimates, and Sweden, Germany, the United Kingdom, Norway, and the European Union have all independently chosen a global SCC for use in their regulatory analyses; the United Kingdom uses a global SCM as well. Nevertheless, the Department of Energy rightly emphasized the global benefits, and other agency regulations do appropriately focus exclusively on global climate benefits. Keywords: act; agencies; agency; air; analysis; benefits; carbon; change; clean; climate; climate change; conservation; cost; countries; damages; domestic; economic; effects; emissions; emphasis; energy; environmental; epa; epca; estimates; fed; gas; global; global scc; greenhouse; impact; international; law; note; policy; reciprocity; reg; rin; standards; states; supra; tax; tsd; u.s; united; united states; value
• A Carbon Fee as Mitigation for Fossil Fuel Extraction on Federal Lands by Burger, Michael (2019) - In the United States, climate change impacts—including increased average temperatures and heat waves, increased frequency and severity of extreme storm events, sea level rise, and ocean acidification—pose numerous risks across many sectors, including but not limited to increased heat- related illnesses and deaths, dirtier air, damaged and disappearing coastlines, longer droughts, strains on water quantity and quality, increasingly frequent and severe floods and wildfires, invasive species, thawing permafrost, and degraded fisheries and ecosystems.2 Public lands managed by the U.S. Department of the Interior (“DOI” or “Interior”), through the Bureau of Land Management (“BLM”) and the Bureau of Ocean Energy Management (“BOEM”), share these risks, which threaten the environmental, economic, scientific, recreational, and other uses to which our public lands are put.3 1. Order No. 3338 specifically calls on the Programmatic EIS to consider “the climate impacts of continued Federal coal production and combustion and how to address those impacts in the management of the program to meet both the Nation’s energy needs and its climate goals, as well as how best to protect the public lands from climate change impacts. Keywords: agency; blm; carbon; change impacts; climate change; climate impacts; coal; downstream; emissions; environmental; extraction; fee; fossil; fuel; gas; ghg; government; impacts; impacts fee; interior; lands; law; leasing; mitigation; program; public; resources; states; u.s; use
• Trust Me, I’m a Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism by Galperin, Joshua Ulan (2019) - On traditionally philosophical approaches to environmental pragmatism, see, for example, ENVIRONMENTAL PRAGMATISM (Andrew Light & Eric Katz eds., 1996); J. Baird Callicott, The Pragmatic Power and Promise of Theoretical Environmental Ethics: Forging a New Discourse, 11 ENVTL. This Part, then, attempts to lay out the primary variants of pragmatism in law and governance, ultimately narrowing to a few forms of environmental pragmatism. Keywords: activism; columbia; conservation; conservation plan; critique; dunes; endangered; environmental; farber; habitat; industry; journal; krupp; law; lizard; middle; nature; new; oil; plan; policy; posner; pragmatism; pragtivism; protection; public; ruhl; sagebrush; species; supra note; texas; texas plan; values; vol; way; wildlife
• Reviewing Reservoir Operations: Can Federal Water Projects Adapt to Change? by Benson, Reed D. (2019) - The interests of project beneficiaries are especially significant for Bureau projects, which store and deliver water for the benefit of consumptive water users; while most of this water goes to farmers, Bureau projects also supply part of the water used by millions of city dwellers, especially in the Southwest.205 Nearly all of these users receive water through an entity such as an irrigation district or municipal water utility, which in turn has a detailed water supply contract with the Bureau.206 The legal interests of water suppliers and users in Bureau project water is an exceedingly complex topic that varies based on several factors,207 but for purposes of this Article, two points should be noted. First, users who have had their deliveries of Bureau project water reduced for environmental reasons have sometimes sued the government for compensation, and while the law is still developing in this area, they have had some success.208 Second, users who have come to rely on project water tend to be viewed sympathetically by key decision-makers—by elected officials,209 certainly, but also by judges,210 and importantly 204. Keywords: act; agencies; agency; bureau; bureau project; changes; congress; corps; dam; dams; environmental; federal; flood; hydropower; law; management; new; note; operations; plans; policy; project; project operations; public; purposes; reclamation; reservoir; review; reviewing; river; section; stat; states; supra; u.s; u.s.c; water; water control; water project; water supply
• Where No Man Has Gone Before: The Future of Sustainable Development in the Comprehensive Economic and Trade Agreement and New Generation Free Trade Agreements by Hush, Emily (2019) - In addition, trade policy creates powerful economic incentives that can ensure the effectiveness of sustainable development measures by preventing a race to the bottom.284 Finally, trade and foreign investment are (or ought to be) a means of achieving sustainable development, not an end in and of themselves.285 The unlimited pursuit of expanded trade and foreign investment is not “a viable policy in a densely populated world of finite resources. Sustainable development is central to this international response to climate change.4 International agreements like the United Nations Framework on Climate Change and the Paris Agreement are indispensable to furthering sustainable development worldwide. Keywords: agreement; article; canada; ceta; change; chapter; climate; columbia; development; economic; environmental; european; ftas; investment; investor; journal; law; man; measures; member; objectives; parties; party; policy; protection; provisions; public; right; rules; section; shall; state; supra note; trade; trade agreement; treaty; tribunal; union; vienna; vol
• Environmental Personhood by Gordon, Gwendolyn J. (2019) - [https://perma.cc/3V SZ-R7MJ] (discussing the purpose and background for a Bolivian law meant to protect the environment); Mychalejko supra note 19 (describing cautiously the potential environmental benefits of an Ecuadorian law granting nature rights); Peter Neill, Law of Mother Earth: A Vision from Bolivia, HUFFPOST (Nov. 18, 2014, 3:32 PM), http://www.huffingtonpost.com/pe ter-neill/law-of-mother-earth-a-vis_b_6180446.html 2018] Environmental Personhood 59 California,43 and a proposed amendment to the constitution of the Ho-Chunk nation.44 Another overarching influence on the development of the rights of nature in the United States appears to have been recent high- profile cases concerning corporate rights. Keywords: bolivia; constitution; corporation; development; dewey; ecuador; entity; environmental; human; interests; law; mother; nature; new; people; personhood; persons; pollman; property; protection; rev; rights; river; status; supra note; theory; things; united; way; zealand
• Reserving a Place for Nature on Spaceship Earth: Rethinking the Role of Conservation Easements by Kammer, Sean M.; Christopherson, Sarah E. (2019) - As awareness of the need for conservation has increased, so too has the use of conservation easements—an instrument whereby landowners sell or donate certain of their development rights to another party in exchange for certain tax benefits—as one tool among many for meeting that need. More recently, Nancy A. McLaughlin wrote that: The public is investing billions of dollars in conservation easements, which now protect an estimated 40 million acres throughout the United States. Keywords: act; columbia; conservation; conservation easements; earth; economics; economy; ecosystem; environmental; future; good; government; journal; land; law; nature; new; note; place; property; protect; public; resources; rev; services; spaceship; species; state; supra; tax; use; value; vol; wilderness
• To Negotiate a Carbon Tax: A Rough Map of Interactions, Tradeoffs, and Risks by Gundlach, Justin (2019) - See Harrison, supra note 164, at 18 (describing how drivers’ fuel consumption after imposition of carbon tax was disproportionately lower than following comparable changes in fuel prices due to market fluctuations). It suggests that a tradeoff could proceed in phases, whereby a gas tax (concurrent with a carbon tax) or carbon tax (wholly replacing the gas tax) would initially impute the SC-CO2 to gasoline and diesel, and would incrementally be supplemented and eventually supplanted by some other revenue source—should gasoline and diesel consumption disappear through sector-wide decarbonization.209 Importantly, the second phase could be entirely contingent, treating the replacement of the gas tax with a carbon tax as a simple tradeoff with no predetermined end-date.210 This sort of contingency could make the carbon tax indispensable quickly, but could also build in pressure to prevent incremental increases in the tax rate. Keywords: act; air; air act; article; cafe; california; carbon tax; change; clean; clean air; climate; columbia; complementary; concurrent; electricity; emissions; energy; environmental; epa; federal; fossil; fuel; gas; gas tax; ghg; greenhouse; law; new; oil; policies; policy; power; production; program; pub; reg; regulations; section; sources; standards; state; subsidies; u.s; vol
• Linking Across Borders: Opportunities and Obstacles for a Joint Regional Greenhouse Gas Initiative-Western Climate Initiative Market by Wilson, Augusta (2019) - See Klinsky, supra note 44, at 156 (discussing the shift in party affiliation of governors of WCI states between 2007 and 2011, and pointing out the correlation between party affiliation and concern about the effects of climate change). The proposed linkage would be less vulnerable to claims under the dormant foreign affairs preemption doctrine and the dormant Foreign Commerce Clause if it emphasized that the program was intended to address local harms, and stressed the benefits that would accrue specifically to the participating states.174 Grounding the program in legitimate state concerns about the environmental and health impacts of GHG emissions and their co- pollutants, about land use, regulation of state electricity markets, and other local issues would strengthen the argument that the program falls within the realm of traditional state authority. Keywords: agreement; california; cap; change; clause; climate; court; dormant; emissions; environmental; federal; foreign; linkage; linking; market; note; policy; programs; rggi; states; supra; supra note; trade; u.s; wci
• Executive Review and the Youngstown Categories: Vulnerability of Environmental Regulations to Unbounded Executive Review by Rarrick, Lee C. (2019) - See United States v. Riverside Bayview Homes, Inc., 474 U.S. 121 (1985). The following Part thus seeks to instantiate the risks of unbounded Tier 3 Executive Review in the field of environmental law, in light of the particular vulnerability to abuse of such executive review in this field. Keywords: act; action; authority; case; categories; clause; commerce; congress; constitution; court; environmental; executive; executive review; law; laws; note; order; power; president; review; species; states; statute; supra; supra note; tier; u.s; united; youngstown
• Corrupt at Its Core: How Law Failed the Victims of Waste Dumping in Côte d’ Ivoire by Bratspies, Rebecca (2019) - 472 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 43:2 “response to the aspirations of Trafigura employees wishing to make a tangible and sustainable difference to communities around the world. Trafigura Toxic Waste ‘Made in Malta’, MALTA INDEP. Keywords: abidjan; amsterdam; apr; bank; basel; columbia; company; convention; core; corruption; countries; court; criminal; côte; decision; development; disposal; dumping; dutch; d’ivoire; environmental; european; global; guardian; health; human; international; int’l; journal; koala; law; mail; mar; oil; probo; public; rapporteur; report; rights; special; states; supra note; toxic; trade; trafigura; transparency; united; vol; waste; world
• New Dimensions of Corporate Counseling in Environmental Law by Robinson, Nicholas A. (2019) - Stecl Hill Sev., Inc. v. Town of Sanbornton, 3 E.L.R. 20018 (Nov. 24, 1972). 1974] COLUMBIA JOURNAL OF ENVIRONMENTAL LAW Every compliance with environmental laws together with active participation in federal and state rule-making can avoid business disruption and liability as well as enhance the national effort to use the environment wisely. The greatest incentives are the potential liability and business disruption which are apt to result from continuing to ignore new environmental laws. Keywords: act; air; business; client; columbia; company; compliance; control; corporation; counseling; court; dimensions; e.r.c; environmental; federal; government; health; journal; land; law; laws; liability; new; new york; note; osha; pollution; public; regulations; rules; sec; state; supp; supra; u.s.c; use; water; york
• Environmental Benefits of Reducing Excess Air Transport Capacity by Whitney, Scott C. (2019) - In this connection, the CAB clearly reasserted its authority to confer antitrust immunity not only as to the renewed transcontinental agreement, but as to a series of co-existing capacity limitation agreements, provided that a serious transportation need were found to exist.67 The CAB's new attitude toward capacity agreements is best sum- marized in its declaration: To deal with overcapacity in city-pair markets, we will employ a number of regulatory tools, and we will make use of segment load factor data to identify such situations. In light of this revised posi- tion of the Board, carriers may wish to file applications for permission to discuss capacity agreements in other markets. Keywords: agreement; air; aircraft; airline; benefits; board; cab; cab order; capacity; carriers; energy; environmental; epa; factors; fuel; industry; load; markets; noise; order; percent; reduction; report; transport
• Laying the Foundation for Sophisticated Environmental Strategies: A Florida Case Study by Little, Joseph W. (2019) - Florida courts had previously held the leases to be valid, giving the company the state's imprimatur to proceed. In 1967, Florida law was strengthened to require the taking into account of various environmental factors before bulkhead lines are set, before dredge and fill permits are issued and before any of the remaining sovereignty lands are sold. Keywords: act; case; control; corps; court; dredge; environmental; federal; fill; fla; florida; interest; lands; law; permit; public; russell; state; supreme; zabel
• The Automobile and the Regulation of Some of Its Non-Exhaust Impacts on the Environment by Grad, Frank P.; Rosenthal, Albert J.; Hsia, Richard; Munzer, Stephen R.; Schwarcz, Stephen L. (2019) - Cuts and tunnels may serve to shield surrounding areas from motor vehicle noise, although this depends in part upon their contours and the construction material used. Automobile noise presents a situation over which there is some human control; excessive noise is a function not only of the way an automobile is built but also of the way in which it is used and the extent to which it is abused. Keywords: act; air; ann; automobile; cars; code; columbia; control; crankcase; disposal; engine; environmental; exhaust; federal; law; laws; motor; noise; oil; pollution; problem; property; rev; standards; stat; supp; traffic; truck; use; vehicle; waste; waste oil
• Effect of NEPA on the Corps of Engineers' New Melones Project by Randolph, John; Ortolano, Leonard (2019) - Issue of such a permit would have to be preceded by a showing that the benefits that will accrue from a specific proposed use will outweigh any damage that would result to fish, wildlife and recreation in the watershed above New Melones dam and the permittee has firm commitments to deliver water for such other purposes.' '06 In short, the decision allowed the Bureau to fill the reservoir to only one-quarter of its proposed storage capacity, except in times of flood flows when one-half the capacity could be utilized. This article reports the results of a study designed to investigate these questions for a single U.S. Army Corps of Engineers project-the highly controver- sial New Melones project in California. Keywords: bureau; control; corps; decision; environmental; final; impact; information; melones; melones project; nepa; process; project; reservoir; river; stanislaus; statement; u.s; water; whitewater
• The National Environmental Policy Act After Five Years by Macbeth, Angus (2019) - The Act directly requires that environmental impact statements be widely available: [2: 110 The National Environmental Policy Act rationale for the exemption was that the FWPCA Amendments provided a comprehensive mandate to the Agency to regulate the discharge of pollutants and that if the actions of the Adminis- trator under the FWPCA Amendments were subject to the re- quirements of NEPA, administration of the water pollution con- trol program would be greatly impeded.17 On a similar basis Con- gress approved the exemption of the EPA's actions under the Clean Air Act which the courts had granted under the functional equiv- alency test.4 8 In addition, in reaction to Calvert Cliffs', the FWPCA Amend- ments gave the EPA sole authority over water-polluting discharges and barred other agencies from reviewing the EPA's discharge standards and permits in NEPA impact statements. Keywords: act; agencies; agency; amendments; analysis; cir; draft; environmental; f.2d; federal; hudson; impact; impact statement; law; national; nepa; policy; public; quality; review; statement; supp; u.s.c; water
• New Approaches to Current Problems in Electric Utility Rate Design by Brancato, Carolyn (2019) - Con Edison and the Commission staff presented cost of service studies which apportioned the three principal types of costs-energy costs, demand costs, and customer costs-among service classifi- The second, and more basic reason, is the volatility of electric utility rates when tied to SRMC. Keywords: case; co.; commission; company; consol; costs; customers; demand; design; edison; edison case; edison co.; electric; energy; environmental; kwhr; new; peak; power; pricing; rate; rate design; run; service; summer; system; time; use; utility; utility rate
• Environmental Law and Residential Exclusion: Protecting the Environment or Preserving Neighborhood Status Quo? by Patton, Dorothy E. (2019) - However, in construing the term en- vironment, the courts have given it the widest possible meaning, concluding that the sweep of NEPA is extraordinarily broad, com- pelling consideration of any and all types of environmental impact of federal action,2 and that Congress was not only concerned with just adverse effects but with all potential environmental ef- fects that affect the quality of the human environment. Environmental impact in the meaning of the Act cannot be reasonably construed to include a class of persons per se. Keywords: cases; cir; court; environmental; f.2d; factors; federal; housing; impact; law; neighborhood; nepa; people; pollution; protection; statement; town; use
• The Limits of Judicial Review Under the Clean Air Act: Is Infeasibility a Political Question? by Waters, David (2019) - Some foreign products, like automobiles, have had increased costs as a result of Clean Air Act provisions requiring cleaner engines. Presumably, in any jurisdiction which recog- nizes the doctrine of comparative injuries, the polluter may suc- cessfully defend such alternative suits for injunctions (not under the Clean Air Act) by showing that the balance of equities favors a denial of the injunction. Keywords: act; administrator; agency; air act; case; circuit; claim; clean air; company; court; decision; defense; environmental; equity; f.2d; federal; infeasibility; injunction; law; pollution; question; review; standards; state
• The EPA Programs and Land Use Planning by Train, Russell E. (2019) - The report advocated the merging of land use programs and the integration of land use and environmental factors in transportation and other infrastructure plans. I This observation about land use in a recent report of the Council on Environmental Quality may well reflect our current awareness of this issue. Keywords: act; air; control; development; environmental; epa; fed; growth; iii; land; land use; planning; pollution; programs; public; quality; reg; section; sources; state; supp; u.s.c; use; water
• Conservation Society of Southern Vermont: The Retreat on Delegation and Scope of Environmental Impact Statements by Trubatch, Sheldon L. (2019) - In Support of Segmentation To support its conclusion based on independent utility the court in Conservation Society II relied on two recent cases in the Ninth Circuit: Friends of the Earth v. Coleman06 and Trout Unlimited v. Morton.107 Analysis of these cases shows that they are inapposite to the problem faced in Conservation Society. The overruling of Conservation Society I infuses new importance into the CBET decision because the holding in CBET on the federalization prerequisite of NEPA is complementary to the holding in Conservation Society II. Keywords: conservation society; court; eis; environmental; f.2d; federal; fhwa; highway; law; nepa; society ii; state; vermont
• Federal Preemption of Railroad Noise Control: A Case Study and Comment by Cerar, Jeffrey O. (2019) - Section 17(a) is relevant because section 17(c) takes effect only after the effective date of EPA regulations, and is limited in extent by the breadth of EPA's regulations (al- though this latter point may be subject to dispute). The Association has consis- tently objected to any narrowing of the scope of EPA regulations. Keywords: act; control; control act; environmental; epa; equipment; federal; noise; noise control; preemption; railroad; railroad noise; regulation; section; standards; state; supp; supra; u.s.c
• Capital Formation Options to Finance Pollution Control by Whitney, Scott C. (2019) - 6 Despite the difficulties of cost quantification and the recognition that forecast environmental costs are at best approximations, it seems clear that environmental costs will be a major factor affecting the national economy in the foreseeable future. First, to internalize environmental costs of the magnitude involved by passing them to the consumer in the form of higher prices would aggravate the inflationary price spiral and create further stresses between labor and management. Keywords: act; air; capital; control; costs; credit; environmental; investment; national; pollution; programs; quality; tax
• Where There's Smoke There's Ire: The Search for Legal Paths to Tobacco-Free Air by Kaufman, Alan S. (2019) - Public smoking does not seem to rise to these levels. Again, although it is possible that smoking in the privacy of the home is protected by the right to privacy, requiring the state to show a greater interest in order to regulate smoking there, the exercise of the police power to regulate public smoking would be subject only to a reasonableness test, because of the clear harm to the nonsmoker.56 B. Nonsmokers' Rights Nonsmokers may claim that state failure to regulate smoking in- terferes with their constitutional right to be free from tobacco smoke, or in other words, the right to a clean and non-hazardous environment. Keywords: action; air; areas; consequences; court; environmental; health; law; legislation; nonsmokers; note; nuisance; person; places; protection; public; right; smoke; smoking; state; statute; supp; supra; supra note; tobacco; tobacco smoke; u.s; work
• Coercive Enforcement of the Clean Air Act: A Clash of Federalist Principles by Desautels, Jeffrey H. (2019) - In fact, as was pointed out in the Brief sub- mitted by the federal government to the Supreme Court, if the savings in health-related and other welfare costs (borne largely by state governments) anticipated from achieving the national primary ambient air quality standards are internalized, there may actually be a net saving to the states by enforcing their compliance. There are probably very few activities that would have been considered essential or traditional state functions one hundred years ago; yet, there is no question that at the present time state governments under- take them and their presence might be considered essential by many for continued existence of the type of state operations we have grown accustomed to expect. Keywords: air; air act; air pollution; case; clean air; commerce; congress; control; court; environmental; epa; federal; government; law; legislation; national; note; pollution; power; standards; states; u.s; usery
• The New Federal Role in Solid Waste Management: The Resource Conservation and Recovery Act of 1976 by Kovacs, William L.; Klucsik, John F. (2019) - The New Federal Role in Solid Waste Management: The Resource Conservation and Recovery Act of 1976 William L. Kovacs* and John F. Klucsik** I. INTRODUCTION Prior to the enactment of the Resource Conservation and Recov- ery Act of 1976,' solid waste management, which includes both the collection and disposal of refuse, was primarily a state or local issue. Although solid waste management includes the col- lection, source separation, storage, transportation, transfer, proces- 2. Symposium on Resource Conservation and Recovery, House Subcomn. Keywords: act; assistance; cong; conservation; disposal; disposal act; environmental; epa; h.r; house; materials; plan; recovery act; resource; resource conservation; resource recovery; sess; solid; state; u.s.c.a; waste; waste disposal; waste management; waste recovery; water
• Book Review by Manaster, Kenneth A. (2019) - Similarly, I would have liked to have had more of Quarles' think- ing about the ever-present problem in environmental law of having to strike balances among non-comparable interests. Quarles tells us little about the EPA itself. Keywords: book; environmental; epa; public; quarles
• Indians and the Environment: An Examination of Jurisdictional Issues Relative to Environmental Management by Schnidman, Frank (2019) - Until recently California state law has generally taken a con- trary view, holding state land use regulation not to be within the meaning of encumbrance. [4: 1 Indians and Environmental Management the Indian from himself as well as from swindlers rather than from state land regulatory laws. Keywords: act; authority; court; environmental; federal; government; indian; jurisdiction; land; law; management; power; reservation; rights; state; treaty; tribal; tribes; u.s; united; use; water
• The Toxic Substances Control Act of 1976: An Introductory Background and Analysis by Reynolds, Joel (2019) - Other notable additions to House and Senate legislation were all extension of the Administrator's regulatory authority to existing chemical substances; inclusion of authority for citizen civil actions against alleged violators of the Act; and, in the House version only, a nullification of the Administrator's authority to regulate a sub- stance where an unreasonable risk posed by that substance could be prevented or sufficiently reduced by actions taken under existing federal statutes. The crit- ical elements of this compromise were the inclusion of universal pre-market screening of all new chemical substances and significant new uses of existing chemical substances, and the explicit exclusion of chemical mixtures from the statutory definition of chemical sub- stance. Keywords: 94th; 94th cong; act; action; administrator; authority; bill; chemical; committee; cong; daily; environmental; h.r; health; house; legislation; new; note; rep; risk; rule; senate; subsection; substances; supp; supra; testing
• The Law and Science of Climate Change Attribution by Burger, Michael; Wentz, Jessica; Horton, Radley (2020) - Part IV discusses future directions in the law and science of climate change attribution, addressing questions such as how attribution science can better support policy-making, planning and litigation; and how plaintiffs and courts can engage with attribution 11. The Law and Science of Climate Change Attribution 67 For the purposes of brevity, we refer to these three areas of research as climate change attribution, impact attribution, and source attribution, recognizing that these terms may be defined differently in other papers. Keywords: 45:1; analysis; anthropogenic; approach; ar5; attribution research; attribution science; attribution studies; bams; burger et; carbon; cases; causation; change attribution; change impacts; change law; changes; climate attribution; climate change; climate events; climate impacts; climate models; climate science; climate system; climate variables; columbia; confidence; contribution; court; data; emissions; environmental; epa; et al; event; event attribution; evidence; example; extreme; final; final macro; findings; fossil; gas; gas emissions; ghg; global; government; greenhouse; harm; health; heat; human; impact attribution; impacts; influence; injury; ipcc; journal; law; level; liability; macro; plaintiffs; policy; precipitation; public; question; report; research; rise; risk; source attribution; standing; states; study; supra note; temperature; u.s; united; vol; warming
• The “Embarrassing” Endangered Species Act: Beyond Collective Rights for Species by Waltz, Danny (2020) - This Article challenges the traditional conception that the ESA offers little to individual animals and animal rights. According to Bryant, while “the ESA does contain certain preconditions for animal rights, such as species protection and protection of habitat,” the statute “is quite limited in what it can accomplish for individual animals. Keywords: act; animal rights; animals; awa; captivity; collective; columbia; congress; court; endangered; endangered species; environmental; esa; experience; fws; group; harm; human; individual; interest; law; level; macro-012720; members; note; protections; rights; section; species; species act; supra; supra note; u.s; waltz; wildlife
• The Effectiveness of Environmental Laws in Preventing Transboundary Pollution from Oil Drilling in the Arctic by Kannan, Radhika (2020) - Transboundary Pollution from Arctic Oil Drilling 247 foraging, hunting, and birthing.20 Studies show that the thickness and extent of summer sea ice in the Arctic have declined dramatically over the past thirty years.21 The impact of climate change in the Arctic is more drastic than anywhere else in the world.22 Institutions Regulating Arctic Oil and Gas Activities, 50 THE INT’L SPECTATOR: Keywords: activities; arctic; arctic council; arctic marine; areas; convention; council; drilling; environmental; ice; insurance; kannan; law; liability; marine; note; oil; oil pollution; ospar; pollution; regime; sea; states; supra; supra note; transboundary; unclos
• Improving Development Control Through Planning: The Consistency Doctrine by DiMento, Joseph F. (2020) - The requirement of specific plan and general plan consistency in subdivision regulations is found in California law at CAL. GOV'T Local government response will vary with the approach taken to timing in mandating consistency between local plans and local reg- ulations. Keywords: app; cal; california; case; change; city; code; comprehensive; consistency; consistency doctrine; consistency requirement; county; court; decisions; development; environmental; general; government; land; land use; law; note; plan; planning; planning law; process; regulations; requirements; rev; rptr; section; space; state; supra; use; zoning
• Wetlands Protection and Coastal Planning: Avoiding the Perils of Positive Consistency by Blumm, Michael C. (2020) - Because they offer leverage over federal ac- tions, these provisions have proven an important incentive to state participation under the CZMA and have increased the interest of federal agencies in the de- velopment and content of state CZMA programs. The National Environmental Policy Act (NEPA)119 offers a pre- ventive, rather than a reactive, procedure for assuring the com- patibility of state coastal programs and wetlands protection. Keywords: 404; act; c.f.r; coastal; consistency; czma; environmental; fed; permit; programs; protection; reg; section; state; u.s.c; water; wetlands
• Decision Analysis in Environmental Decisionmaking: Improving the Concorde Balance by Anderson, Jon (2020) - During the first year of Concorde operations at Dulles, twenty times as many complaints were received concerning Concorde's noise as had previously been re- ceived about all aircraft noise in any typical year. In assessing the annoyance impact, the EIS first measured the noise level to which airport community residents were exposed as well as the noise level to which they would be exposed if Concorde flights were instituted. Keywords: analysis; cancer; concorde; decision; eis; environmental; exposure; hearings; impact; nef; noise; ozone; report; secretary; skin; statement; supra note; value
• Book Reviews by v, William D.; Hayn, Ileen P. (2020) - Henry M. Peskin discusses the distribution of the costs and benefits of environmental policies in society. Portney's discussion of this problem touches on the numerous federal statutes dealing with toxic substance control-the Clean Air Act Amendments, the Federal Water Pollution Control Act, the Occupational Safety and Health Act, the Federal Food, Drug, and Cosmetic Act, the Consumer Product Safety Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Federal En- vironmental Pesticide Control Act, the Toxic Substances Control Act, the Safe Drinking Water Act, and the Resource Conservation and Recovery Act. Keywords: act; book; cancer; control; environmental; pollution
• Land Use and Critical Areas: Preservation and Development Compromise in England and Australia by Callies, David L. (2020) - The process of critical area designation was also aided by the American Law Insti- tute's Model Land Development Code. 17 As a first step toward critical area designation, the Study also identified six coastal areas of major ecological significance and rec- ommended that they be kept in their natural state.' Keywords: anglesey; area; bay; designation; development; environmental; land; nature; note; planning; protection; state; supra; use; westernport
• Endangered Species Act Amendments of 1978: A Congressional Response to Tennessee Valley Authority v. Hill by Ganong, Nancy M. (2020) - Endangered Species Act and acts designed to protect broad classifications of life forms. Note, Endangered Species Act: Constitutional Tensions and Regulatory Discord, 4 COLUM. Keywords: act; agency; cong; endangered; endangered species; environmental; esa; hill; note; project; rep; snail; species; species act; supra; tva
• Book Reviews by Dubner, Steven; Hoover, James L.; Weinberg, Joanna Kudisch (2020) - If, as the D'Itris contend, the solutions to environmental problems lie in heightened public awareness of the issues, the unified approach utilized in MERCURY CONTAMI- 19791 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW NATION is a valuable contribution to environmental literature. This is surely a main theme of the book, i.e., the necessity for a preven- tive approach to environmental problems through intelligent planning rather than crisis intervention when conflicts arise, or through hindsight after damage has already occurred. Keywords: authors; book; contamination; d'itris; environmental; governments; management; mercury; mercury contamination; problem; process; property; regulation
• Margin of Safety as a Risk-Management Concept in Environmental Legislation by Thompson, Kenneth H. (2020) - Strict observance of the margin of safety standard was ig- nored. A similar standard is used with regard to commercial nuclear licenses, for the Act states that the Commission shall issue licenses to applicants who are equipped to observe and who agree to observe such safety standards to protect health and to min- imize danger to life or property as the Commission may by rule establish. Keywords: act; air; concept; environmental; epa; health; level; margin; public; risk; safety; safety concept; setting; standard; supp
• NEPA, Tipping and the Siting of Low-Income Public Housing: The Dangers of Strycker's Bay Neighborhood Council v. Karlen by Ginsberg, William W. (2020) - The Second Circuit wrote in Trinity II, and then quoted itself in Karlen, both opinions being concerned exclusively with NEPA issues, as follows: Those who live [in the Area] and those who hope to live there are entitled to obtain their hous- ing aided by federal funds in a balanced and integrated community .... The Second Circuit, with Judge Moore again writing the opinion, re- versed for the second time on the issue of NEPA compliance and reinstated the injunction as to Site 30. Keywords: act; cir; court; environmental; f.2d; housing; hud; income; income housing; karlen; nepa; policy; site; substantive; supp; trinity
• Environmental Considerations in Urban Mass Transit Planning by Shapiro, Jeffrey E. (2020) - Similarly, future rail technologies may enable those cities still auto-dependent to consider transit alternatives. The Urban Mass Transportation Act of 1964 (UMTA)29 provides the source from which federal financial assistance is extended to mass transit projects. Keywords: alternatives; eis; environmental; impacts; mass; note; planning; process; project; rail; region; supra; system; transit; transportation; urban
• Book Reviews by Rosenblatt, Arnold; Weinberg, Philip; Schechter, Minda (2020) - Part I of the book, encompassing the first three chapters, gener- ally attempts to place the topic of energy law in its present factual perspective as well as review some of its legal underpinnings. And, in a recent decision dis- missing a nuisance action seeking to bar an oil refinery from scenic Jamestown, R. I., the court quoted from an 1874 English opin- ion: If some picturesque haven opens its arms to invite the com- merce of the world, it is not for this court to forbid the embrace, although the fruit of it should be the sights, and sounds, and smells of a common seaport and shipbuilding town, which would drive the Dryads and their masters from their ancient solitudes.14 No discussion of energy law would be complete without a look at the economic considerations which motivate so many energy decisions-salt in the stew, or flour, depending on the reader's perspective. Keywords: air; author; book; chapter; coal; conservation; energy; environmental; epa; law; oil; pollution; research; sulfur; tobin
• The Teaching of Natural Resources Law in Eastern Schools by Biblowit, Charles (2020) - In 1970, Professor Tarlock con- cluded, prematurely, that a course in water resources law is rap- 58. The modern, policy-oriented, interdisciplinary water law casebooks bear a notable resemblance to the kind of water law course envisioned by McDougal and Lasswell a generation earlier. Keywords: book; cases; course; environmental; gas; land; law; mining; note; oil; problems; property; resources; resources law; review; rights; supra; water; water law
• Public Participation in State NPDES Enforcement: Questionable Basis, Good Policy by Kicklighter, Kurt; Spitzer, Robert (2020) - Unambiguous references to citizen participation in state court enforcement are curiously absent in the committee 'reports. Although the public may bring enforcement actions on state permits in federal courts accord- ing to the section 505 citizen suit provision,' 9 nowhere does the FWPCA specifically create that right in state courts. Keywords: act; action; administrator; cir; citizen; court; enforcement; environmental; epa; federal; note; npdes; participation; permit; public; section; state; supra; supra note; u.s.c
• NRDC c. SEC: A Question of Judicial Review by Miller, Robin S. (2020) - The reviewing court shall- (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be- (A) arbitrary, capricious, an abuse of discretion, or otherwise not in ac- cordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 [6: 217 NRDC v. SEC a balance between efficient and effective agency action and the fair- ness of agency decision making. Although the case predates NEPA, its interpretation of the APA and judicial review of agency decisions is helpful when questions of enforcement arise. Keywords: agency; cir; court; d.c; environmental; f.2d; nepa; review; sec
• Recycling and Resource Recovery: State and Municipal Legal Impediments by Halgren, Michael D. (2020) - DISCRIMINATORY TAX POLICIES Several state tax laws, by reducing the tax burden on virgin re- source industries, encourage the utilization of primary instead of secondary materials. 62 A. Capital Gains Treatment for Timber Several states have tax laws that allow the taxpayer who owns or has a contract right to cut standing timber to treat the cutting of that timber as a sale or exchange subject to capital gains treat- ment. Keywords: code; costs; disposal; energy; environmental; laws; materials; note; reclamation; recovery; recycling; resource; rev; solid; state; supra; supra note; tax; virgin; wash; waste
• On the Preservation of Species by Sagoff, Mark (2020) - 5 The 1973 Act begins with this admission, in the congressional findings and declaration that various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation [;]6 that other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinc- tion For the world as a whole, the millennia between primitive and modem times were, ecologically, comparatively stable: the increase in the number of human beings did not cause a large decrease in the number of other species. Keywords: act; congress; discussion; diversity; ecology; endangered; endangered species; environmental; example; extinction; interest; law; nature; note; preservation; problem; species; species act; supra; u.s; value
• Federal Lands: Energy, Environment and the States by Weaver, Jace G. (2020) - These enactments provided for prorationing, spacing of wells, and the pooling and unitization of land overlaying a single reservoir.2 3 Conflict arose when a common source of supply underlay both private or state and federal lands.2 4 The states felt that the conservation laws of the state in which the unit lay should govern, particularly in cases where state lands lay over the same pool.2 5 Otherwise state attempts at regulation would be largely thwarted. The Act provided that a permit could be denied by the Board: on state land, stream or river beds, or on any unpatented mining claims, upon its determination that a dredge mining operation on the land proposed would not be in the public interest, giving consideration to economic factors, recreational use for such lands, fish and wildlife habitat and other factors which in the judgment of the state land board may be pertinent. Keywords: act; court; energy; environmental; government; lands; mining; oil; states
• Hazardous Waste Regulation: An Evaluation from an Historical Perspective by McCaffery, Thomas F. (2020) - Thus, the Board compared Philadelphia water quality in 1852 to that of Boston and New York in 1870 (see Table 2) in order to report a politically ac- ceptable comparison. First, it imposes new reporting requirements for (i) unpermitted releases, that is, spills of hazardous substances into the environment in excess of specific reportable quantities, and (ii) existing and abandoned hazardous waste disposal facilities that are not within the RCRA hazardous waste permit program. Keywords: act; city; disposal; environmental; hazardous; law; local; note; philadelphia; planning; pollution; rcra; regulation; river; schuylkill; sewage; state; substances; superfund; supply; supra; treatment; waste; wastewater; water; water supply
• Interboundary Stationary Source Pollution-Clean Air Act Section 126 and Beyond by Ostrov, Jerome (2020) - For the first time, the Agency is being asked to adopt a major regulatory position based on computerized model- ing of the wind directions, source emissions, precipitation patterns, atmospheric mixing, and atmospheric transformation phenomena of an entire region. Representatives of the petitioning states, sources, source states, coal suppli- ers, Massachusetts, Connecticut and the Province of Ontario testified. Keywords: act; agency; air; clean; coal; emissions; environmental; epa; fed; new; note; ohio; pennsylvania; petition; pollution; power; quality; reg; region; report; section; sip; sources; state; sulfates; sulfur; supp; supra; supra note; u.s.c; york
• Book Reviews by Mintz, Joel A.; Atlas, Seth J. (2020) - L. No. 97-23, 95 Stat. 139. 19821 316 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [8:309 TION: FEDERAL LAW AND ANALYSIS stands as an intelligent contribu- tion to the current Clean Air Act debate. This body would also study the risks and benefits of genetic engineering research, work with environmental groups, hold public hearings, and report annu- ally to the legislature. Keywords: act; air; clean; control; cripps; currie; engineering; environmental; law; new; pollution; professor; statute; technology
• Transboundary Air Pollution in Europe: A Survey of National Responses by Wetstone, Gregory; Rosencranz, Armin (2020) - Swedish environmentalist organizations have actively supported the country's efforts to promote international pollution control. Meanwhile, the new West German attitude toward international pollution control has already marked a dramatic first, and offered a substantial boost to the continuing Scandinavian campaign to reduce transboundary pollution. Keywords: abatement; acid; acidification; act; air pollution; britain; control; emissions; env't; environmental; europe; germany; inspectorate; int'l; international; law; nations; norway; oil; plants; pollution; pollution control; power; rain; report; requirements; so2; sources; sulfur; supra note; sweden; transboundary; united; west
• Book Review by Terr, Vivian (2020) - He or she must also determine the degree to which the analysis will rely on industry-supplied data and whether the analysis will quantify costs and benefits in strict monetary terms or as part of an approach which recognizes that some costs and benefits cannot be translated into these terms. Nevertheless, he concludes that the Environmental Protection Agency should not use formal cost-benefit analysis in its economic assessments and urges that a careful examination of costs and benefits, with adequate resources devoted to measuring benefits, may advance environmental quality goals (p. 47). Keywords: analysis; benefit; benefit analysis; cost; decision; environmental; use
• Federal Recreational Land Policy: The Rise and Decline of the Land and Water Conservation Fund by Coggins, George Cameron; Glicksman, Robert L. (2020) - Former Secretary Watt's criticism of recent acquisitions appears at times, however, to reflect hostility to federal land acquisitions of any kind. [9:125 1984] Land and Water Conservation Fund federal acres remain checkerboarded, section-by-section, with pri- vate parcels.5 4 To consolidate federal ownership, Congress has long empowered the federal land management agencies to exchange other federal lands for the private lands within reservation bor- ders. Keywords: acquisition; act; administration; appropriations; areas; authority; budget; cir; committee; congress; conservation; conservation fund; court; environmental; executive; f.2d; federal; fiscal; fund; h.r; hearings; house; interior; land; law; lwcf; moratorium; national; park; president; program; public; purposes; recreation; rep; resources; s. rep; secretary; senate; sess; state; supp; supra note; trust; u.s.c; water; year
• Negotiation of Environmental Disputes: A New Role for the Courts? by Wald, Patricia M. (2020) - 93 To be sure, this judicial willingness-indeed eagerness-to ap- prove agency settlements should encourage an increase in negoti- ated dispute resolution at the agency level. denied, 427 U.S. 911 (1976); In a comprehensive discussion of the judicial role in re- viewing agency settlements, the Seventh Circuit has recently held that the abuse of discre- Environmental Negotiation cially where the trial judge held fairness hearings on it. Keywords: action; adr; agency; cases; court; decree; environmental; epa; harter; judge; law; negotiation; note; parties; process; review; role; rule; settlement
• The "Shotgun Wedding" of Science and Law: Risk Assessment and Judicial Review by Davis, Devra Lee (2020) - Merrill describes Industrial Union as characteristic of an era of judicial reticence to review agency decisions on health risks. Analysis of judicial review under the arbitrary and capri- cious standard also reveals that such review is not fundamentally different from review of agency risk assessments at the forefront of scientific knowledge when the substantial evidence standard applies. Keywords: act; agency; assessment; columbia; court; decision; environmental; evidence; exposure; f.2d; health; lead; level; review; risk; risk assessment; secretary; standard; u.s.c
• The Environmental Movement in 1985: Between NEPA and 2000 by Kean, Thomas H. (2020) - 1101 (D.D.C. 1976); S.C.R.A.P. v. United States, 371 F. Supp. 1291 (D.D.C. 200 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 10:199 followed because it made protection of environment to the ful- lest extent possible a duty of every federal bureaucrat, agency and department. 202 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 10:199 Many of you may find this a hopeless inconsistency. Keywords: acid; act; energy; environmental; growth; jersey; laws; national; nepa; new; pollution; protection; public; rain; state
• Developments in Victim Compensation Legislation: A Look Beyond the Superfund Act of 1980 by Rubenfeld, Lise S. (2020) - The Minnesota scheme may serve as a model for states choosing the statutory private action avenue to deal with hazardous victim compensation and is ana- lyzed further in the next section of this note. Representatives from other fields have not been silent, however, in the discussion on victim compensation for hazardous waste injuries. Keywords: act; compensation; environmental; exposure; federal; group; law; liability; proposal; state; study; study group; substances; toxic; victim; waste
• Preliminary Reflections on the Law's Reaction to Disasters by Weinstein, Jack B. (2020) - Some of the proposals for reform that should be considered are relatively simple-for example, the Superfund Study Group's suggestion that obstacles to state court actions be removed. The preemption of state tort law by federal statute is commonplace. Keywords: act; action; asbestos; cases; claims; class; col; columbia; compensation; court; disasters; environmental; example; federal; government; group; insurance; journal; law; liability; litigation; mass; n.y; national; note; nuclear; problems; product; report; special; states; supra; system; times; tort; toxic; u.s; united; use
• The Role of Courts in Regulatory Negotiation – A Response to Judge Wald by Harter, Philip J. (2020) - Specific offers, positions, or statements made dur- ing the negotiations may not be used by other parties in any other forum or as a basis for future litigaiton. The issues involve such questions as whether parties must incur extra costs, some- times including attorneys' fees, if they appeal an arbitrator's decision to a court without substantially improving their position; whether the discussions during mediation may be held confidential (see, e.g., AMERICAN BAR ASSOCIATION, SPECIAL COMMITTEE ON DISPUTE RESOLUTION, CONFIDENTIALITY IN MEDIATION (1985)); what is the appropriate use of mas- ters to help settle complicated cases (see, e.g., 8 LEGAL TIMES 2 (October 14, 1985)); in- deed, whether it is appropriate to encourage settlements at all (Schoenbrod, Limits and Dangers of Environmental Mediation: A Review Essay, 58 N.Y.U. L. REV. 1453 (1983); Keywords: agency; committee; court; environmental; interest; issues; negotiations; parties; party; process; review; rule
• An Evaluation of Pollution Control Legislation in India by Abraham, C.M.; Rosencranz, Armin (2020) - Water Act § 18; Air Act § 18. 44. See Water Act § 3(2) and § 4(2); Air Act § 4(2). Keywords: act; air; board; control; environmental; government; india; note; pollution; pollution control; public; state; supra; water; water act
• Private Cost Recovery Actions Under Section 107 of CERCLA by Belthoff, Jr., Richard C. (2020) - In addition, suggestions are offered regarding how private cost recovery actions can be made more effective. Then, the implementation of private cleanups and cost recovery actions is discussed, including a detailed analysis of applicable court decisions. Keywords: 107; action; cas; cercla; costs; court; defendant; disposal; env't; environmental; f. supp; law; liability; recovery; release; rep; response; section; states; substances; u.s.c; united; waste
• Book Review by Gregor, Eugene C. (2020) - Book Review d. Deterioration of inland fishery and water resources China's growing population, its political infatuation with grain production increases, and increasing water pollution, have com- bined to put severe pressure on China's freshwater lakes and riv- ers. Water pollution has left freshwater fisheries less pro- ductive. Keywords: areas; beijing; china; environmental; government; law; note; pollution; problems; protection; review; smil; supra; supra note; urban; water
• Legal Issues Raised by the Environmental Impacts of Photovoltaic Energy and Wind Energy Conservation Systems by Stoloff, Jonathan D.; Mallory, Karen L.; Stearns, Lisa R. (2020) - 2 Decentralized photovoltaic applications are unlikely to have as great of an ecological effect as centralized systems, which are larger and more likely to be placed in fragile ecosystems.13 The manufacture, installation, operation and decommission of photovoltaic energy systems can each create a variety of environ- mental problems, but at present levels of production and use they are, in principle, addressable by currently available pollution abatement and waste disposal techniques.' It is important to consider the potential environmental impact of photovoltaic energy systems at this early stage of their develop- 8. Keywords: act; air; cells; energy; environmental; epa; federal; impacts; law; new; note; photovoltaic; photovoltaic energy; power; requirements; solar; standards; state; substances; supra; supra note; systems; u.s.c; use; water; wind; zoning
• Alternative Energy Power Production: The Impact of the Public Utility Regulatory Policy Act by Charo, R. Alta; Stearns, Lisa R.; Mallory, Karen L. (2020) - There is a need to assess which methods are most effective in counteracting the force called utility monopsony power. The capacity exceed utility capacity, for example, due to time of day, season of the year or demographic shifts, the average cost of production increases because utilities must bring older, less efficient plants on-line. Keywords: act; alternative; california; capacity; cogeneration; cost; electricity; energy; environmental; facilities; federal; ferc; new; note; power; production; purchase; purpa; qfs; rates; standard; state; supra; supra note; utilities; utility; wheeling
• Carbon Dioxide and the Greenhouse Effect: Possibilities for Legislative Action by Einhorn, David A.; Charo, R. Alta (2020) - 39 Sylvan Wittwer, director of the Agricultural Ex- periment Station, has even suggested that in certain respects, an increase in carbon dioxide levels may even be desirable: The primary conclusion from all the [relevant research] is that the present level of carbon dioxide is suboptimal, and the oxygen level is supraoptimal, for photosynthesis and primary productivity in the majority of plants. ' Such a joint ban would result in an early reduction in carbon dioxide emissions due to the immediate phasing out of coal. Keywords: atmospheric; carbon; carbon dioxide; coal; dioxide; effect; energy; environmental; epa; greenhouse; note; shale; study; supra; temperature; warming
• Regulating Information Exchange and International Trade in Pesticides and Other Toxic Substances to Meet the Needs of Developing Countries by Halter, Faith (2020) - Both studies of the American notification system showed that embassies-whether American embassies abroad or foreign embassies in the United States-are not effective as distribution points (except, perhaps, where agricultural officers are responsible for pesticide notices): their staffs have many responsibilities; there is rarely anyone fa- miliar with environmental issues; and it is difficult for embassy staffs to identify the best people to receive the notices. Export notices, which are sent within five working days of EPA s receipt of a notice from the ex porter only state that a shipment of a specified chemical has oc curred, and identifies the EPA official who can provide additional information. Keywords: american; chemicals; countries; environmental; epa; exchange; export; foreign; government; information; international; note; notices; notification; pesticides; programs; regulatory; supra; united; use
• Hazardous Exports to the Third World: The Need to Abolish the Double Standard by Galli, Craig D. (2020) - The current system of non-binding international agreements and unilateral notification programs al- lows countries to abdicate to each other the responsibility for reg- ulation: exporting countries assume that importing countries have the expertise and inclination to regulate imports; importing countries assume that imported products are safe and that their citizens know how to use them. The cur rent system, however encourages little cooperation between the importing countries and exporting countries and companies; rather exporting companies often export without informing the importing country of the hazards since such disclosure is usually not required by the exporting or importing countries. Keywords: countries; country; environmental; export; hazardous; law; nations; products; standards; state; technology; u.s; united; use; world
• Rail to Trail Conversions in Railroad Abandonment Proceedings by Montange, Charles (2020) - 8 All too frequently efforts to convert a railroad ROW to trails use are initiated long after railroad use of the ROW has been abandoned. In McKinley v. Waterloo Railroad Co. 99 the Iowa Supreme Court held that an easement for railroad use lapsed upon aban- donment and was not preserved by conversion of the ROW into a public trail (in this case, the highly successful Cedar Valley Nature 96. Keywords: abandonment; act; application; commission; compensation; court; environmental; icc; law; notice; property; public; railroad; rights; row; section; states; taking; trails; u.s; u.s.c; use; way
• Wetlands and Private Development by Seltzer, E. Manning; Steinberg, Robert E. (2020) - Taylor v. District Eng'r, United States Army Corps of Eng rs, 567 F.2d 1332, 1336 (5th Cir. 1978); Deltona Corp. v. Alexander, 504 F Supp. 1280, 1284 (M.D. Fla. 1981), af'd, 682 F.2d 888 (11 th Cir. 1982); Hart and Miller Islands Area Envtl. Group, Inc. v. United States Army Corps of Eng rS, 621 F.2d 1281 (4th Cir. 1980), cert. Keywords: c.f.r; cir; co.; commerce; corps; court; developer; environmental; f.2d; law; permit; power; property; regulation; section; states; supp; supreme; taking; u.s; united; united states; use; v. united; water; wetlands
• The Chernobyl Accident: A Case Study in International Law Regulating State Responsibility for Transboundary Nuclear Pollution by Malone, Linda A. (2020) - I t9 Foreign nationals may bring suit in federal court based on state tort law under di- versity jurisdiction. 56 The tribunal concluded that there was no need to determine whether United States domestic law or international law would be applied because the law followed in the United States in dealing with quasi-sovereign rights of states within the United States in regulating air pollution, while more definite than international law was in conformity with the general rules of international law 57 Unable to find any precedents from international tribu- nals addressing air or water pollution, the tribunal turned to deci- sions of the United States Supreme Court that were premised on the federal common law of nuisance.58 From these cases adjudi- cating interstate conflicts over air and water pollution, the tribu- nal concluded that under the principles of international law as well as of the law of the United States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequences and the injury is established by clear and convincing evidence. Keywords: accident; art; chernobyl; col; convention; court; damage; environmental; international; law; liability; n.y; nations; note; nuclear; pollution; soviet; state; supra; times; treaty; u.n; union; united; weapons
• Criminal Prosecutions in Environmental Law - A Study of the "Kepone" Case by Bacigal, Ronald J.; Bacigal, Margaret I. (2020) - Two Allied employees, William P Moore, Jr., research director at the Allied Hopewell plant, and production supervisor Virgil A. Hundtofte, used their home and life insurance policies to secure a $175,000 loan and launch their venture as Life Science Products, Inc. 7 They immediately set up operation in a converted gas sta- tion within the shadow of Allied's Hopewell plant. The day after the Environmen- tal Protection Agency released its findings, Virginia Governor Mills E. Godwin closed the James River to all fishing.2 5 The national publicity surrounding Kepone pollution also drew considerable attention from the federal government. Keywords: allied; case; col; environmental; hopewell; interview; janus; kepone; life; life science; merhige; moore; note; plant; pollution; richmond; science; supra; supra note
• Use of Comparative Risk Methods in Regulatory and Common Law by Baram, Michael S. (2020) - As its name implies, the comparative risk concept provides that the importance of a particular risk can be better understood and communicated if it is compared to other risks which are already known or familiar. The Court of Appeals in Public Citizen v. Young also deliberately avoided setting a dividing point between de minimis and other risks. Keywords: agencies; agency; asbestos; cancer; comparative; comparisons; court; decisions; environmental; epa; evidence; expert; health; law; limit; methods; minimis; note; public; regulatory; risk; risk comparisons; rules; set; standards; supra; testimony; use
• Worst Case Analyses: A Continued Requirement under the National Environmental Policy Act? by Fogleman, Valerie M. (2020) - See id. at 270 (Forest Service); id. at 272 (Edison Electric Institute); cf id. at 275 (National Wildlife Federation) (guidance attempts to amend worst case analysis regulation without proper rulemaking procedures). on Appropriations, Part 4, 99th Cong., Ist Sess. 61 (1985) (CEQ describing herbicide spraying cases as an impetus for reopening rulemaking on worst case analysis regulation); Department of Housing and Urban Development-Independent Agencies Appropriations for 1985: Hearings Before a Subcomm. of the House Comm. on Appropriations, Part 3, 98th Cong., 2d Sess. 32 (1984) (statement of A. Alan 19871 88 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 13:53 from these remarks that the main reason behind the CEQ's rulemaking was the Ninth Circuit rulings. Keywords: action; agencies; agency; analysis regulation; case; case analysis; ceq; cir; circuit; council; court; environmental; f.2d; inc; information; law; nepa; note; regulation; rule; u.s
• Remining and the Water Quality Act of 1987: Operators Beware! by Hackett, Mary J. (2020) - 0 5 The problem arises, however, because much of the discharge from coal mining areas is from nonpoint sources. Whether liability in a specific case arises under nuisance, negli- gence, trespass or some aspect of water law is not always clear. Keywords: act; coal; drainage; environmental; law; liability; note; nuisance; operator; permit; reclamation; remining; section; supra; supra note; surface; water
• Controlling Environmental Risks Through Economic Incentives by Stewart, Richard B. (2020) - Under economic incentive systems, the decision as to how much and how to control is made on an individual basis by each plant or enterprise. Sixth, economic incentive systems can enhance the democratic accountability of environmental policy decisions. Keywords: control; environmental; goals; incentives; pollution; regulation; risk; standards; systems
• Reforming Environmental Law: The Democratic Case for Market Incentives by Ackerman, Bruce A.; Stewart, Richard B. (2020) - 178 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 13:171 tern of environmental control. Given its revenue-raising potential, environmental reform is hardly a politi- cally unrealistic pipe dream. Keywords: air; bat; clean; control; cost; environmental; epa; law; new; note; permits; pollution; problems; reform; regulation; rights; sources; supra; system; water
• Reforming Environmental Regulation: Three Modest Proposals by Portney, Paul R. (2020) - First, environmental data are currently collected by a welter of federal agencies including EPA, the U.S. Geological Survey (USGS), the Forest Service, the National Oceanic and Atmos- pheric Administration, the Departments of Defense, Energy, and Health and Human Services, and even the National Aeronautics and Space Administration (NASA). Before its evisceration, the President's Council on Environmen- tal Quality (CEQ)-which prepares its own annual report-was the logical source for a similar compilation and dissemination of important environmental data. Keywords: air; data; emissions; environmental; epa; health; national; pollution; quality; risk; waste
• Emissions Trading: Why is this Thoroughbred Hobbled? by Dudek, Daniel J.; Palmisano, John (2020) - First, environmental data are currently collected by a welter of federal agencies including EPA, the U.S. Geological Survey (USGS), the Forest Service, the National Oceanic and Atmos- pheric Administration, the Departments of Defense, Energy, and Health and Human Services, and even the National Aeronautics and Space Administration (NASA). Before its evisceration, the President's Council on Environmen- tal Quality (CEQ)-which prepares its own annual report-was the logical source for a similar compilation and dissemination of important environmental data. Keywords: air; data; emissions; environmental; epa; health; national; pollution; quality; risk; waste
• Economic Incentives in the Management of Hazardous Wastes by Russell, Clifford S. (2020) - Also in 1980, Congress passed what is a logical complement to RCRA, the Comprehensive Environmen- tal Response, Compensation, and Liability Act of 1980 (PL 96-510) (CERCLA), also known as the superfund law, which assures financial responsibility for the long term maintenance of hazardous waste disposal facilities, and provides for the containment and cleanup of old, abandoned hazardous waste disposal sites that are leaking or endangering the public health. For the most part, hazardous waste disposal is limited by regulations directing where such wastes may be disposed and by what method the disposal may proceed, but not limiting the quantities disposed of. Keywords: charge; deposit; discharge; disposal; environmental; hazardous; incentives; law; management; problem; refund; source; system; waste
• Federal Water Policy in the United States-An Agenda for Economic and Environmental Reform by Willey, Zach; Graff, Tom (2020) - Demand for public water uses (both in quantity and quality) is rising; supply is contracting. These kinds of efforts are a step in the right direction, but a general policy of vigorously securing damages for harm caused to public waters would complement the acquisition of public water rights. Keywords: act; agencies; control; economic; environmental; federal; groundwater; law; market; new; note; policy; pollution; quality; reclamation; resources; rights; states; supra; u.s; uses; water
• The Growing International Dimension to Environmental Issues by Barnes, A. James (2020) - Global environmental problems tend to be caused by total loadings of different kinds of pollutants, most of which are emit- ted by the economically developed nations. Indeed, the report of the World Commission on Environment and Devel- opment sees the world balancing on the edge of a very bleak fu- ture if we do not develop the sense of international partnership needed to address international environmental problems that are manifested globally, regionally, and locally. Keywords: countries; earth; environmental; issues; nations; problems
• Book Review by Halvorssen, Anita (2020) - There is a clear correlation between the use of natu- ral resources by developed countries and the depletion of these resources in developing countries. This report sets forth the major challenges to the world community: to achieve sustainable development by the year 2000 and beyond through multilateral solutions and a restructured international economic system of cooperation. Keywords: commission; development; environmental; report
• Groundwater Quality Regulation: Existing Governmental Authority and Recommended Roles by Yanggen, Douglas A.; Amrhein, Leslie L. (2020) - The authors do not suggest that cities and villages elect not to be bound by state groundwater laws nor do we suggest that ground- water protection is of local concern only.69 Rather, we advocate imprisonment, and other necessary or convenient means. Other state courts have also invalidated density controls on this basis. Keywords: administrative; areas; authority; case; city; code; contamination; county; court; dnr; environmental; federal; governments; groundwater; groundwater protection; groundwater quality; hazardous; home; land; law; legislature; n.w.2d; note; ordinance; power; preemption; protection; public; purpose; regulate; regulations; rule; standards; state; state groundwater; state law; state regulations; statutes; statutory; storage; supra; supra note; town; use; uses; wis; wisconsin; zoning; zoning ordinance
• Environmental Policy-It Is Time for a New Beginning by Rietze, Jr., Arnold W. (2020) - This nation needs a comprehensive environmental policy and that policy must be broad enough to include a population, material conservation, and energy policy. Energy policy is the most important aspect of consump- tion, however, because energy use is so closely related to our major environmental problems, such as the large scale biosphere impacts of increased carbon dioxide,88 acid rain8 9 and pollution of the oceans.90 In the longer term, conservation of material, i.e., doing more with less, is the key to the United States staying wealthy. Keywords: act; administration; air; ceq; conservation; consumption; control; energy; environmental; epa; federal; law; materials; national; nuclear; oil; policy; pollution; population; problems; production; program; pub; report; resources; states; u.s.c; united; use; waste; water; world
• Alternative Dispute Resolution in Environmental Law by Grad, Frank P. (2020) - The memorandum provides for set procedures in ADR cases. Susskind and Weinstein draw attention to the increasing number of groups involved in environmental ADR. Keywords: adr; case; dispute; enforcement; environmental; epa; issues; law; making; negotiation; parties; policy; process; resolution; rule; settlement; use
• Neighborhood Character and SEQRA: Courts Struggle with Homeless Shelters, Prisons, and the Environment by Russo, Katherine Baird (2020) - [Vol. 14:231 on existing community character is a relevant concern under SEQRA and (2) environmental impact statements must be filed before a project is underway with (3) delayed compliance with SEQRA will be allowed if an emergency exists. mandated.89 One commentator, discussing Harlem Valley, seemed to suggest that the decision there undermined the low threshold require- ments for preparation of environmental impact statements: the analysis suggested by the court for judicial review and for agency decisions preceding such review does not belong at the determi- nation of significance stage if SEQRA's 'low threshold' is to be observed. Keywords: action; court; emergency; environmental; impact; n.e.2d; n.y.s.2d; new; seqra
• Risk Assessment, Risk Communication and Legitimacy: An Introduction to the Symposium by Lyndon, Mary L. (2020) - She points out that risk data is accumulating, but that most peo- ple do not have access to it to help them make choices about chemical risks. Since risk information is costly, it is not likely to be produced or released into the marketplace, unless it reduces the costs of the firm that produces it. Keywords: assessment; chemicals; data; effects; environmental; exposure; health; information; law; market; public; qra; regulation; risk; risk assessment; science
• Risk Assessment and Regulatory Priorities by Lave, Lester B. (2020) - For risk estimates associated with cigarette smoking, the uncertainty is probably within the ten percent range. First, risk estimates help to focus public debate. Keywords: assessment; cancer; chemicals; data; environmental; human; public; risk
• Advancing Environmental Protection Through Risk Assessment by Daggett, Christopher J.; Hazen, Robert E.; Shaw, Judith Auer (2020) - Advancing Environmental Protection Through Risk Assessment Christopher J. Daggett Robert E. Hazen Judith Auer Shaw* INTRODUCTION In early 1988, EPA Deputy AdministratorJim Barnes appointed Region II as the lead region for risk assessment for EPA. As such, Region II was asked to help shape the agency's continuing efforts to improve knowledge of the risk assessment process and develop the training and communication strategies needed to integrate risk assessment into the overall management of the Agency. Keywords: agency; assessment; environmental; epa; health; process; protection; public; risk; risk assessment
• The Use of Risk Assessment in Environmental Law by Stever, Donald W. (2020) - The Use of Risk Assessment in Environmental Law Donald W. Stever* INTRODUCTION Lawyers will spend more of their time in the future coping and living with risk assessment, particularly when representing clients in matters that fall within the jurisdiction of the Environmental Protection Agency (EPA). Environmental lawyers must deal with risk assessment in three major areas. Keywords: act; assessment; environmental; epa; law; models; risk; risk assessment; supp; u.s.c; use
• The Hazards of Risk Assessment by Commoner, Barry (2020) - This paper will discuss how risk assessments are used and abused in practice. This paper was originally presented as part of a symposium on risk assessment held by the Environmental Law Committee of the Associa- tion of the Bar of the City of New York on February 4, 1988 in New York City. Keywords: assessment; cancer; decision; dioxin; environmental; incinerator; new; risk; risk assessment; trash; york
• Health Risk Assessments: Opportunities and Pitfalls by Paustenbach, Dennis J. (2020) - It might be more appropriate to say that I will dis- cuss some of the scientific shortcomings which have crept into the practice of risk assessment and how regulatory agencies and scientists are working to overcome them. These shortcomings, more often than not, force risk assessments to overstate the likely human health risks associated with exposure to low levels of envi- ronmental pollutants.' Environmental consulting firms typically serve the regulated community and its lawyers,. Keywords: assessment; cancer; carcinogens; chemical; data; dose; environmental; exposure; hazard; health; human; levels; models; note; number; response; results; risk; risk assessment; studies; supra; supra note; toxicol
• Scientific Developments in Risk Assessment: Legal Implications by Anderson, Elizabeth L. (2020) - 2. Exposure assessment is the evaluative process of estimating how much total body exposure an individual might receive from all sources of potential exposure in the environ- ment. There are five primary areas of scientific development in risk assessment, the development of: weight-of-evidence, biological models, pharmacokinetic models and the reevaluation of thresh- old effects and exposure assessment. Keywords: assessment; cancer; chemical; data; dose; environmental; epa; exposure; levels; model; note; response; risk; risk assessment; supra
• Is Risk Assessment Really Too Conservative?: Revising the Revisionists by Finkel, Adam M. (2020) - [Vol. 14:427 The denunciation of QRA as an ideologically-motivated exer- cise in exaggeration has cropped up from time to time,6 begin- ning even before United States federal agencies started to codify their QRA procedures.7 Only in the past year or two, however, has a critical mass of scientific experts converged to the view that the time has come to reevaluate these procedures, and the first tangible results of this revisionist stance are even more recent.8 Linked temporally and perhaps causally to this growing momen- tum against conservatism in QRA is the view that science has at last begun to offer practical and defensible alternatives to what Anderson calls overestimated theoretical risk, that is, the pro- duction of risk estimates via a process critics claim is rife with sci- entific shortcomings.9 The critics of conservatism are a diverse group. In this view, now that science has begun to develop tech- niques for making risk estimates more accurate, these should re- place conservative estimates, as surely as the Copernican model of the solar system replaced the Ptolemaic model. Keywords: anderson; assessment; conservative; data; dose; environmental; estimate; example; exposure; human; new; note; paustenbach; potency; qra; revisionists; risk; risk assessment; risk estimates; science; section; supra; uncertainty; value
• Environmental Risk and Democratic Process: A Critical Review by Fiorino, Daniel J. (2020) - Composed of anywhere from a few dozen to a few thousand people, the tribunal would issue a decision that was binding in itself or could be used by gov- ernment authorities as the basis for a decision.29 Flores and Kraft also use ethical, political, and methodological criteria to assess what they term synthetic approaches to deter- mining the acceptability of risk.30 Synthetic approaches use ana- lytical models and empirical data within an interpretative framework, and include risk/cost/benefit analysis, the revealed and expressed preferences approaches, and the natural standards approach to making risk decisions. 538 Risk and Democratic Process dependent capabilities for gathering and assessing technical and analytical information and for acting on that information?'0 A third way that we can allow citizens to participate on a more equal basis involves reassessing our use of formal models for evaluating risks; cost-benefit and other models make risk decisions less ac- cessible to non-experts. Keywords: administrative; analysis; citizen; decisions; democratic; environmental; experts; government; information; institutions; interest; issues; law; lay; note; participation; people; policy; process; public; research; risk; science; supra; technical; values
• A Proposal for a National Risk Assessment Clearinghouse by Stenzel, Paulette L. (2020) - 550 National Risk Assessment Clearinghouse component through which Congress would require administra- tive agencies to actively disseminate risk assessments to the public through the news media, pamphlets, workshops, and similar edu- cational programs. This article first reviews the public's general need to understand risk and examines its specific need for access to risk assessments. Keywords: act; agencies; assessment clearinghouse; assessments; chemical; clearinghouse; communication; data; decisions; environmental; epa; example; health; information; national; note; process; public; risk; risk assessment; risk communication; risk information; risk management; supra
• Combining Facts and Values in Environmental Impact Assessment by Armstrong, Steven H. (2020) - But now, after twenty years of clarification and enhancement, per- haps NEPA jurisprudence is finally approaching a point of stabil- itys and policymakers can now, with confidence, perfect the substantive requirements of environmental assessments. The youth of NEPA has been characterized by the litigation of virgin legal questions, the domain of lawyers; however, as the act ages, the substance of environmental assessments is coming to the fore. Keywords: acid; acid rain; air; assessment; authors; congress; debate; environmental; law; nepa; note; public; rain; regens; supra; values
• Pulling in Both Directions: How States Are Moving Toward Decarbonization While Continuing to Support Fossil Fuels by Payne, Heather (2020) - As the economics of the markets now dictate which resources are developed in restructured markets and those economics currently favor natural gas plants, the Coal, UTIL. As noted, however, there are still natural gas plants looking to be permitted and built in California. Keywords: 4/24/2020; action; change; clean; climate; coal; columbia; decarbonization; dive; electricity; emissions; energy; environmental; feb; fossil; fuel; gas; generation; incentives; jan; law; macro-040820; new; note; payne; plant; policy; power; regulators; state; supra; transportation; use; util; utilities; utility
• Constitutionality of Warrantless Environmental Inspections by Cauley, Richard F. (2020) - [Vol. 15:83 lated to justify warrantless inspections, the statute authorizing such inspections was invalid because of the absence of appropri- ate limitations of time, place and scope and the failure to mini- mally establish some guidelines as to regularity and frequency of inspection .... (warrantless searches of backstretchers' dormitory rooms by the state of Illinois were invalid because they did not restrict such inspections of plaintiff's personal effects and living quarters.) Keywords: business; court; environmental; inspections; search; searches; u.s; warrantless
• Detail and Delegation: A Study in Statutory Specificity by Oren, Craig N. (2020) - On the other hand, it appeared likely that Justice Powell would continue not to participate in deciding the degradation issue, since he did not take part in deciding whether to hear industry's challenges to EPA regulations. 58,188 (Dec. 13, 1978) (interpreting EPA rules to give these two facilities the same period after permit issuance to commence construction as a project that received a permit just before March 1); 44 Fed. Keywords: act; agency; air; areas; baseline; clean; codification; congress; control; court; date; emissions; environmental; epa; exemption; f.2d; fed; history; increments; law; legislative; new; permit; pollutants; power; program; psd; reg; regulations; section; set; source; standards; statute; supra; supra note; u.s.c
• EPA's Resolution of the Conflict Between Cleanup Costs and the Law in Setting Cleanup Standards Under Superfund by Brown, Donald A. (2020) - ' 6 7 B. Scientific Uncertainty Relating To The Risks Posed By Hazardous Substances Found At a Superfund Site To determine the magnitude of the health risks posed by haz- ardous substances at Superfund sites in order that priorities may be determined among potential sites and ultimate acceptability of Superfund remedies may be determined, quantitative risk as- 166. This article reviews how EPA is torn by con- flicts created by: (a) the large costs that must be borne by either the fund created to cleanup sites or responsible parties if com- plete and thorough cleanups are to be implemented, (b) pressure from the Office of Management and Budget (OMB) to minimize costs to American industry, (c) the political need to proceed more quickly with cleanups at Superfund sites because of perceived fail- ures of the Reagan Administration, (d) the technical complexity of making decisions about health and environmental harm from contaminants that may be left at the site after cleanup, and, (e) the legal requirements of Superfund that structure how these cleanup standards shall be set. Keywords: action; assessment; cercla; cleanup; cleanup standards; cost; criteria; environmental; epa; groundwater; health; law; ncp; note; protection; rcra; remedy; requirements; risk; rod; section; site; standards; superfund; superfund cleanup; supra; water
• Environmentally Induced Cancer and the Law by Heaney, Julia (2020) - Radon Alert: The EPA Goes After the Carcinogen That Nature Made, N.Y. Times, Sept. 18, 1988, Section 4 at 1, col. 1. 1990] COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 15:389 don was the perfect environmental enemy for the Reagan era, since no industry had to be regulated.28 Risk management refers to the regulatory goals agencies follow in seeking to prevent identified cancer risks; it necessarily reflects a legislative policy judgment. The book is divided into three parts: the first provides a rudimentary scientific background and introduces the sources and characteristics of environmental cancer; the second covers federal regulation, with an overview of risk assessment, risk management, past regulatory practice and failures, and pro- posals for reform; the third discusses the tort liability system as a means of recovery by individuals injured by cancer, providing an overview of the present common law and proposals for reform. Keywords: cancer; cross; environmental; note; regulation; risk; supra
• Shields for the King's Men: Official Immunity and Other Obstacles to Effective Prosecution of Federal Officials for Environmental Crimes by Smith, Susan L. (2020) - See infra notes 119-149 and accompanying text for a more complete discussion of federal officer immunity from state criminal prosecution. Federal officer immunity was fashioned by the courts on the basis of the supremacy clause to give substantive protection to federal officers who invoked the procedural protection of the federal habeas corpus and removal statutes. Keywords: act; actions; cir; compliance; court; crimes; criminal; employees; enforcement; environmental; f.2d; facilities; facility; federal; government; immunity; jurisdiction; law; laws; officer immunity; officers; official; prosecution; rcra; sanctions; section; sovereign; state; state law; state prosecution; states v.; u.s; united; united states; v. united; waste
• Whether Governmentally Compelled Cleanup Costs Constitute "Damages" Under CGL Policies: The Nationwide Environmental Liability Dilemma and a California Model for Its Resolution by Miller, David W. (2020) - See, e.g., Pendygraft et al., Who Pays for Environmental Damage: Recent Developments in CERCLA Liability and Insurance Coverage Litigation, 21 IND. However, this rule results in the awkward paradox that policyholders who act swiftly to remedy environmental damage before it worsens are denied coverage while recalcitrant policy- holders who are sued for damages to natural resources are 183. Keywords: aiu; app; cal; cgl; cleanup; co.; costs; court; coverage; damages; environmental; insurance; law; p.2d; policies; policy; rptr; state
• The Future of Federal Solid Waste Regulation by Pedersen, Jr., William F. (2020) - But by applying such a major new regulatory burden to hazardous wastes, Congress discouraged any expansion of hazardous waste regulation beyond the very small fraction of waste to which it now applies. That provision was suspended, pending further study, in 1986, after it became apparent that the existing fund would probably cover about one percent of the long-run costs of hazardous waste disposal.' 0 Keywords: air; c.f.r; disposal; environmental; epa; fed; federal; hazardous; land; rcra; reg; regulation; system; term; treatment; u.s.c; waste; waste disposal; water
• Rulemaking in the Shadows: The Rise of OMB and Cost-Benefit Analysis in Environmental Decisionmaking by Howard, Jeffrey H.; Benfield, Linda E. (2020) - The Need to Adhere to Statutory Standards The courts have generally restricted regulatory agencies in rulemaking to the standards established by Congress in the gov- erning statutes. Although many of the difficulties should be obvious, this has not prevented regulatory agencies from jumping into the fray. Keywords: act; agency; analysis; benefit; benefit analysis; congress; cost; court; environmental; epa; executive; law; note; omb; order; president; record; regulations; review; rulemaking; supra
• Nowhere to Run, Nowhere to Hide: Criminal Liability for Violations of Environmental Statutes in the 1990s by Marzulla, Roger J. (2020) - More importantly, the courts have embraced the sentenc- ing guidelines established by the United States Sentencing Commission and have begun to impose very tough prison sentences for environmental violations. Over the past decade, the courts have further minimized the government's burden of proof in prosecuting environmental crimes by allowing juries to infer that corporate officers were aware of environmental violations. Keywords: act; compliance; court; crimes; criminal; enforcement; environmental; government; guidelines; liability; program; sentencing; united; violations
• Today's Criminal Environmental Enforcement Program: Why You May Be Vulnerable and Why You Should Guard Against Prosecution Through an Environmental Audit by Kris, Mary Ellen; Vannelli, Gail L. (2020) - Part II proposes the use of environmental audits to reduce the risks of criminal (and civil) exposure, and includes a discussion of the costs and benefits of environmental audits and practical consider- ations such as the types of records and documents that should be created during an audit, who should be responsible for creating the documents, and what measures should be taken to establish and protect the audit process and records created under the at- torney-client and work-product privileges. ENVIRONMENTAL AUDITS: Keywords: act; audit; company; compliance; criminal; enforcement; environmental; epa; federal; note; policy; privilege; program; rep; sentencing; states; supra; supra note; united
• The Maturing Discipline of Environmental Prosecution by Abrams, Robert (2020) - 2 On the federal level, there were also only a few, exceptional crimi- nal offenses of broader scope during this early period, such as the Refuse Act of 1899, which imposed modest criminal penalties for dumping garbage into any navigable water.. or tributary of any navigable water within the United States.3 Some strict liability offenses in New York law, first promulgated in the nineteenth century, survived, as they do today, and provided modest penal- ties for environmental offenses. It was clear that because the definition of hazardous waste was so narrowly drawn, much actual environmental endangerment was outside the scope of the criminal penalties offered by the federal RCRA statute or by New York's equivalent statute.2' To solve this dilemma, New York passed legislation criminaliz- ing both environmental and human health threats caused by the release or possible release of any hazardous substance, whether or not it was a waste. Keywords: act; environmental; federal; law; laws; new; new york; pymm; safety; state; waste; york
• Toward an Environmental Voluntary Disclosure Program by Starr, Judson W.; Voisin, Nancy (2020) - CONCLUSION The ultimate goal of environmental criminal enforcement should be compliance and the promotion of a clean environment, rather than punishment after the pollution has already occurred. As President Bush stated recently: Environmental programs that focus on the end of the pipe or the top of the stack, on cleaning up after the damage is done, are no longer adequate. Keywords: auditing; compliance; disclosure; doj; enforcement; environmental; epa; government; policy; program; violations
• Environmental Investment: A Proposal for State Legislation by McKenzie, Christopher J. (2020) - LEGAL LIMITATIONS ON ENVIRONMENTAL INVESTMENT BY PUBLIC PENSION FUNDS 'State environmental investment legislation directs fiduciaries to employ non-financial factors in their investment decisions. When enacted, environmental investment laws will embody a social consensus that investors are unwilling to use their capital to support destruc- tion of the environment. Keywords: africa; baltimore; benefits; companies; company; environmental; funds; investing; investment; law; legislation; market; new; pension; performance; portfolio; principles; public; social; south; state; stocks; supra note; trustees; u.s; use; valdez
• An Aye Aye for An Aye Aye: Making Biodiversity Offsets Sustainable by Takacs, David (2020) - ”20 Proponents assert that biodiversity offsets allow a jurisdiction to plan on a landscape level, deciding where conservation and development should occur. For biodiversity offsets to be more than just a giveaway allowing developers to evade conservation laws, offsets must be done right. Keywords: australia; aye aye; biodiversity; biodiversity conservation; biodiversity offsets; change; columbia; communities; conservation; destruction; development; ecosystem; endangered; environmental; government; habitat; journal; law; laws; macro-040820; mitigation; nature; nonhuman; note; offset; offsetting; perron; policy; queensland; species; supra; supra note; vol
• Powering the Future: An Inclusive National Clean Energy Standard with Negative Emissions Technologies by Subramanian, Narayan S. (2020) - The strict legal barriers restricting state clean energy policy to operate within the confines of in-state electricity generation have frustrated transmission coordination among states that would facilitate a more economically efficient method for renewable energy to be exported and imported among states. Powering the Future 653 This Section delves into the legal issues to be considered in designing an NCES that must co-exist with state energy policies. Keywords: -macro-050620; act; carbon; change; clean; climate; electricity; emissions; energy; environmental; future; generation; ghg; national; nces; nets; note; nuclear; policy; power; resources; rps; standards; state; subramanian; supra; system; technologies; u.s
• Regulating the Energy Transition: FERC and Cost-Benefit Analysis by Zevin, Avi (2020) - Even now, OMB’s memorandum creates some risk that OIRA will delay promulgation of FERC rules until FERC can demonstrate to OIRA’s satisfaction whether a rule should be classified as “major.” Many of the costs and benefits at issue in FERC decisions are market goods that are already valued in economic terms and are relatively straightforward to use in a cost-benefit analysis.157 Keywords: agencies; agency; authority; benefit analysis; benefits; changes; cir; climate; columbia; commission; consequences; cost; cost benefit; d.c; decision; electric; energy; environmental; ferc; gas; law; macro-042820; market; natural; new; note; order; pipeline; policy; power; project; public; regulatory; rto; rules; section; supra; supra note; system; transition; transmission; u.s; use; vol; zevin
• “Zoning Out” Climate Change: Local Land Use Power, Fossil Fuel Infrastructure, and the Fight Against Climate Change by Perron, Kevin (2020) - For instance, South Portland had ample authority to pass zoning ordinances as the Maine Court recognized that such ordinances are grounded in a “home rule” power—delegated to Maine municipalities by the state constitution and legislature— that should be “liberally construed. For instance, some state courts require that zoning ordinances have a “real and substantial relationship” to a legitimate purpose, invalidating zoning prohibitions that are only “tangentially related to public welfare, unduly oppressive, fundamentally unfair, or over- and under-inclusive in their impact.” Keywords: cities; city; climate change; commerce; corp; court; environmental; federal; fossil; fuel; infrastructure; law; line; macro-040820; maine; oil; ordinance; perron; portland; power; purpose; state; statute; supp; u.s; zoning; zoning law
• Bostock and the End of the Climate Change Double Standard by Revesz, Richard (2020) - Despite the statute’s text and legislative history, anti-regulation groups have consistently argued that the modern Clean Air Act does not apply to these contaminants. ”7 Pollutants that meet both these requirements are subject to regulation under a variety of different Clean Air Act programs.8 With respect to the first element, the statute defined “air pollutant” simply as “an air pollution agent or combination of such agents. Keywords: 46cjel_revesz_1_website; administration; air act; air pollutants; air pollution; bostock; brief; carbon; clean air; climate; climate change; congress; court; dioxide; emissions; environmental; epa; greenhouse; greenhouse gases; law; massachusetts; note; plan; pollutants; power; regulation; regulatory; standard; statute; supra; v. epa
• Toxic Floodwaters: Strengthening the Chemical Safety Regime for the Climate Change Era by Sachs, Noah (2020) - Its focus is regulating intentional discharges of toxic substances to air and water, as well as regulating the presence of toxic chemicals in workplaces, food, and consumer products. The U.S. government has a number of different lists defining toxic chemicals under various environmental statutes. Keywords: 46cjel_sachs_73; act; change; chemical; climate; coastal; communities; contamination; emergency; environmental; epa; facilities; federal; firms; flooding; floodwaters; harvey; hurricane; industry; insurance; law; liability; new; note; oil; planning; public; releases; risk; safety; standards; states; storage; substances; supra; tort; toxic; vol
• Will Section 94-C Enable Renewable Energy Project Siting and Help New York State Achieve Its Energy Targets? by Fields, Alexander (2020) - Finally, Section C discusses the adoption of Section 94-C, which is designed to expedite the siting process to more closely reflect the more limited scope of environmental impacts from renewable energy projects. Developers of renewable energy projects between 20 to 25 MW can also opt into the approval process created by Section 94-C. See infra, Part II.B. 50. Keywords: application; article; board; construction; developers; energy; energy projects; environmental; law; mckinney; n.y; new; note; nys; ores; process; projects; public; section; siting; siting board; state; supra; wind
• Improving Environmental Protection in Investor-State Dispute Settlement by MacLachlan, Claire (2020) - Requiring ISDS settlement agreements to undergo a fairness hearing before the award is finalized by the tribunal would address a major blind spot in current ISDS practice. The selection of arbitrators who serve on the panels deciding ISDS cases is also controversial. Keywords: 46cjel_maclachlan_179; arbitration; award; case; court; environmental; fairness; fairness hearing; hearing; impact; interests; international; investment; investors; isds; law; parties; protection; public; settlement; states; zoning
• Anthropocene Accountability Litigation: Confronting Common Enemies to Promote a Just Transition by Abate, Randall (2021) - The defendants in the plastics litigation rely on a familiar line of criticism of accountability litigation commonly expressed in fossil fuel industry lawsuits. CLIMATE CHANGE IMPACTS FROM FOSSIL FUELS AND INDUSTRIAL ANIMAL AGRICULTURE The substantial greenhouse gas (GHG) emissions from the fossil fuel and animal agriculture industries, and the associated impact on climate change, is the most significant common feature of these industries. Keywords: 46cjel_abate_224; accountability; accountability litigation; agriculture; air; animal; animal agriculture; anthropocene; cafos; carbon; cases; clean; climate; climate change; coal; columbia; companies; court; emissions; energy; environmental; epa; federal; fossil fuel; fuel industry; gas; global; health; impacts; industries; industry; journal; law; litigation; methane; new; note; oil; public; regulation; state; subsidies; supra; transition; u.s
• Stabilizing the Edge: Southeastern and Mid-Atlantic Shorescapes Facing Sea-level Rise by Jones, Shana; Pippin, Scott (2021) - A 100-foot setback is required for state-owned property.120 Construction of a structure or alteration of the natural topography or vegetation of land is allowed within the jurisdictional area pursuant to a permitting process.121 For structures or land alterations related to private residences and commercial structures, permits may be issued if the proposed activity occupies the landward part of the parcel and is landward of the sand dunes if feasible; more than 30% of the parcel will be retain its natural vegetation and topography; the proposed project follows applicable hurricane-resistant standards; activities related to construction are minimized and temporary; the natural vegetation and topography are restored using best available technology upon project completion; and the proposed project will uphold the functions of the sand-sharing system.122 Georgia allows “shoreline engineering activity” to stabilize the shoreline.123 The activities associated with construction must be temporary, with “complete restoration of any beaches, dunes, or shoreline areas altered as a result of that activity. The living shorelines which have been implemented to date have qualified for a research exemption to the state’s permitting process.198 South Carolina has not approved the Corps’ Nationwide Permit 54.199 D. North Carolina North Carolina boasts 12,331 miles of coastal shoreline— approximately 322 miles of ocean shoreline and more than 10,000 miles of estuarine coastline. Keywords: 46cjel_jones; act; admin; areas; armoring; beach; carolina; coastal; code; code ann; control; development; dune; edge; environmental; erosion; estuarine; feet; florida; journal; landward; law; level; living; living shorelines; management; marsh; n.c; north; note; ocean; permit; pippin_293; project; property; protection; public; rise; sea; setback; shoreline; stabilization; stabilizing; state; structures; supra; system; vegetation; virginia; vol; water; wetlands
• Coevolution of Law and Science: A Clean Water Act Case Study by Adler, Robert W. (2019) - The immediate predecessor to the current CWA, the Water Quality Act of 1965,28 focused on the development and application of ambient water quality standards (“WQS”) to define the levels of water quality necessary to support various uses of water bodies.29 Thus, water quality science drove pollution control requirements, but controls were limited to those deemed necessary to achieve WQS. In part due to the limits of water quality science at the time,30 and the resulting failure of the 1965 law to reduce water pollution significantly,31 the 1972 Act (referred to hereinafter, as amended, as the CWA) shifted to a preventive approach centered primarily on technology-based controls, which imposed discharge limits determined by what level of control was possible, irrespective of ambient water quality.32 28. Keywords: adler; agency; aquatic; biocriteria; biocriteria science; coevolution; congress; cwa; delete)1/16/2019; environmental; epa; integrity; knowledge; law; macro-1/14/19; note; pollutants; pollution; regulatory; science; scientific; section; standards; states; supra; u.s.c; water; water pollution; water quality; wqs
• Blocking Interstate Natural Gas Pipelines: How to Curb Climate Change While Strengthening the Nation’s Energy System by Bressler, Jason (2019) - Klass & Rossi, supra note 3, at 427 (arguing that construction of natural gas pipelines may be necessary to expand the congested energy system and its aging infrastructure); Tim O’Connor, What This Summer’s Heat Waves Tell Us About America’s Electric Grid, ENVTL. Moreover, the enormous economies of scale involved in the construction of natural gas pipelines, makes this industry particularly prone to monopolization. Keywords: benefit; bressler; carbon; change; climate; construction; cost; delete)1/16/2019; discount; emissions; energy; environmental; federal; ferc; gas; gas pipelines; interstate; law; macro-1/14/19; new; note; pipeline; power; scc; section; states; supra; supra note; use; water
• Avoiding the Doldrums: Evaluating the Need for Change in the Offshore Wind Permitting Process by Hokanson, Mitchell (2019) - In addition, judicial review is afforded only to parties that submit comments during the approval process and is limited to the issues raised in those comments.108 In sum, President Obama supported renewable energy development throughout his presidency, and under his direction, BOEM, the Department of the Interior, and DOE heavily pushed offshore wind energy development. New York permits this strategy under SEQRA,321 and this is also likely to be permissible under existing federal regulations.322 Once an agency has performed the necessary research, the development of offshore wind can proceed efficiently, adverse environmental impacts can be avoided, and less time will be wasted pursuing development in areas that may be unsuitable for wind energy development. Keywords: agencies; agency; boem; cape; change; climate; court; development; eis; energy; environmental; federal; fisheries; gerrard; hokanson; impacts; island; law; lease; leasing; macro-1/14/19; nepa; note; ocsla; offshore; plaintiffs; plan; process; review; supra; wind; wind energy
• The Poverty of Theory: Public Problems, Instrument Choice, and the Climate Emergency by Boyd, William (2021) - See, e.g., Oates & Baumol, supra note 83, at 97 (providing a taxonomy of environmental policy instruments, including price incentives, direct controls, voluntary compliance, and public production); WILLIAM J. BAUMOL & WALLACE E. OATES, THE THEORY OF ENVIRONMENTAL POLICY (2nd ed., 1988) (discussing theory of externalities 46CJEL_BOYD_399_WEBSITE (DO NOT DELETE) 6/1/2021 7:53 PM 444 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 46:2 experimental economics and mechanism design, economists were developing novel laboratory simulations to test the relative efficiency of different policy instruments.159 Thus, Oates seems to have misunderstood the basic motivation behind Kelman’s book, several of the main results from Kelman’s surveys, and the key takeaway that the seemingly technical debate over the relative merits of environmental policy instruments was (and is) actually a debate about values and different normative commitments regarding the role of government and markets in solving social problems. Keywords: 46cjel_boyd_399_website; act; air; approaches; cap; carbon; change; choice; clean; climate; climate change; climate policy; coase; columbia; control; cost; debate; design; economics; emissions trading; environmental; env’t; global; government; greenhouse; instruments; journal; law; market; new; note; policies; policy; policy instruments; politics; pollution; poverty; price; pricing; problems; program; public; regulation; rev; state; supra; supra note; system; theory; tools; trade; use; vol; work; world
• Iowa’s Lost National Forests by Phelps, Jess (2022) - To avoid competing with another agency for these lands, the Forest Ser- vice abandoned this purchase unit, and the National Forest Reserva- tion Commission formally approved abandonment of this purchase unit on November 14, 1938, before any lands had been acquired.202 The BAE’s efforts to acquire lands for resettlement purposes also were ultimately not successful.203 The twenty percent rule ultimately was reversed in fiscal year 1940, at least for Ohio and Indiana,204 but at that time, Iowa had very few parcels of land under contract.205 “[I]t became evident that the United States could not carry out its intentions in the State of Iowa and rec- ommended a resumption of a purchase program and a reduction of a purchase program and a reduction of the gross area of the three [ap- proved] units from 519,820 acres to 218,671 acres. Iowa’s Lost National Forests 5 will be explored, this was not just a theoretical exercise—it led to For- est Service’s purchase of thousands of acres of land in Iowa (and even more acreage was put under option agreements that were ultimately not exercised).13 The reason that Iowa did not end up with national forests appears to be the relative cost of procuring land in the state as compared to conservation opportunities elsewhere coupled with a change in policy during President Franklin D. Roosevelt’s second term that focused acquisition on areas where the Forest Service’s purchase programs were further along (a policy which would eventually be re- versed, but not in time for Iowa’s proposed national forest units).14 As will be examined, these factors combined to limit Forest Service pur- chases in Iowa to a non-viable scale (capped at thousands, not tens or hundreds of thousands, of acres). Keywords: acquisition; acres; act; agricultural; areas; benefits; carbon; conservation; deal; easements; ecosystem; efforts; environmental; farm; farmers; farmland; federal; forest; forest conservation; forest land; forest service; history; iowa; iowa land; iowa national; iowa state; journal; land; land conservation; land use; landscape; law; national forest; new; note; planning; policy; program; public; purchase; report; soil; state; state forest; submarginal; supra; supra note; usda; usda forest; use; working
• The Value of an Endangered Species: The ESA, Injunctions, and Human Welfare by Osnowitz, Matthew (2022) - In cases where planned works projects run up against endangered species, it is usually easier to find alternative siting.98 Thus, although the 1978 Amendments were intended to ease the ESA’s strong protections for species, in practice the process is unavailing.99 E. Judicial Response to Hill: Cabining its Precedent While Congress attempted to ease Hill’s strong interpretation of the ESA through a slew of amendments, courts have been busy confining its reach through precedent. The concern is increasingly pressing, as climate change has and will continue to lead to further human and animal migration, placing the courts in more of these situations.184 On top of that, climate change is simply increasing the number of species that become endangered, potentially compounding the problem.185 If courts are left on their own, the increased conflicts 183. Keywords: act; balance; balancing; cases; congress; conservation; court; delta; endangered; endangered species; environmental; esa; exemption; harm; hawksbill; hill; human; injunction; process; project; smelt; species; species act; u.s; value; water; welfare; wildlife
• Environmental Ethics and Environmental Law: A Virtuous Circle by Makoul, Zoe (2022) - There is a body of scholarship about how values or virtue ethics impact lawmaking, but this Note also explores the opposite—how lawmaking impacts the values or virtue ethics of the public. The virtuous circle concept risks the implied instrumentalization of virtues, robbing them of intrinsic realization by using them as policy tools. Keywords: action; american; change; earth; environmental; ethics; green; human; land; law; muir; national; nature; note; parks; people; public; responsibility; supra; thoreau; values; virtues; wilderness; world
• Evidence-Based Recommendations for Improving National Environmental Policy Act Implementation by Ruple, John C.; Pleune , Jamie ; Heiny, Erik (2022) - Our model accounts for interactions between 3 levels of NEPA analysis, 43 activities involved in these decisions, 9 geographic regions, and the year of project initiation. NEPA reform, we believe, should begin with a careful under- standing of NEPA practice at all levels of review. Keywords: activities; activity; agencies; agency; analysis; blm; completion; data; days; decision; delay; eis; eiss; environmental; federal; forest; forest service; information; land; law; level; litigation; making; management; median; model; national; nepa; nepa analysis; nepa decision; nepa process; note; oil; process; project; region; regression; regulations; report; review; supra; supra note; time; u.s
• Animal Agriculture Liability for Climatic Nuisance: A Path Forward for Climate Change Litigation? by Walters, Daniel E (2019) - THE PROMISE OF THE APPROACH Leading climate change scholars Jacqueline Peel and Hari Osofsky have noted, “common law climate change cases to date have not exerted a direct influence on the regulatory landscape. See Hari M. Osofky & Jacqueline Peel, The Role of Litigation in Multilevel Climate Change Governance: Possibilities for a Lower Carbon Future?, 30 ENVTL. & PLANNING L.J. 303, 307 (2013) (“The rulings issued by courts in climate change cases, across various jurisdictions and at different levels of governance (sub- national, national, and international) can thus be seen to play an important role in articulating forms of ‘transnational climate change regulation.’”). Keywords: agriculture; air; animal; animal agriculture; caa; change; clean; climate; climate change; court; displacement; electric; emissions; environmental; epa; gas; greenhouse; industry; law; liability; litigation; meat; note; nuisance; power; production; public; regulatory; sources; supra; u.s
• Post-Jesner Climate Change Lawsuits Under the Alien Tort Statute by Dellinger, Myanna (2019) - Criminal law is fundamentally different from civil tort law.97 In Justice Sotomayor’s dissent, which was joined by three other Justices, she described the proper relationship between norms of international human rights law and the mechanisms created for their enforcement: “Although international law determines what substantive conduct violates the law of nations, it leaves the specific rules of how to enforce international-law norms and remedy their violation to states, which may act to impose liability collectively through treaties or independently via their domestic legal systems. Her research focuses extensively on climate change law and policy. Keywords: action; american; ats; case; climate change; conduct; corporations; court; dellinger; environmental; federal; foreign; human; jesner; justice; law; lawsuits; liability; macro-4.1.19; nations; rights; states; tort; u.s; united; violations
• Preventing Another Pandemic: How Changing the Legal Paradigm Governing Intensive Animal Agriculture Will Reduce the Risk of Future Zoonoses by Kotzmann, Jane; Stonebridge, Morgan (2022) - B. Drivers of Emerging Zoonotic Infectious Diseases Contact between humans and animals is fundamental to zoonotic disease emergence.22 Increased contact provides pathogens with the opportunity to make the jump from animal to human, an opportunity seized by evolution.23 The UN released a report identifying seven ma- jor drivers of zoonotic disease emergence—all of which were anthro- pogenic and a number of them related directly or indirectly to our re- lationship with the animals we consume.24 Despite wet markets being identified as the likely source of COVID-19, increasing demand for an- imal protein and unsustainable agricultural intensification are the most relevant drivers of zoonotic disease in the United States. Animals as Property Legal anthropocentrism in relation to animals is both facilitated and further defined by the legal status of animals in the United States, which is one of property.123 As property, animals are unable to hold rights and can generally be treated as humans see fit, subject to some legal restrictions.124 The property status of animals is fundamental to the legal anthropocentrism that they are subject to, as it positions them as resources to be valued only insofar as they benefit humans. Keywords: animal; animal agriculture; animal health; animal welfare; approach; cafos; columbia; cruelty; disease; disease risk; earth; emergence; environmental; farming; food; framework; health; human; industry; journal; law; laws; meat; nature; note; operations; pandemic; practices; production; regulation; rights; risk; river; states; supra; supra note; u.s; united; vol; wild; zoonotic
• Reading the Waves: Continuity and Change in Ocean Lawmaking by Novak, Gregor (2022) - Continuity and Change in Ocean Lawmaking 363 monopolized the ocean and its resources and no global public author- ity exists to manage it comprehensively.12 Ocean law13 therefore con- tinues to be marked by a set of tensions, including those between the interests of so-called sea states and their allies and coastal states,14 between individual governments and the international community as a whole, between countries of different capacities and per capita in- comes, and many others.15 Such dichotomies played an important role also during the treaty negotiations leading up to the UN Conven- tion on the Law of the Sea (UNCLOS),16 which took place at the late stages of the Cold War and in the wake of the transformative wave of postwar decolonization. Ocean navigators are skilled at “reading the waves,” distilling in- sights about past and likely future events from ripples on the ocean’s surface.67 In an analogous vein, this Article samples from the modern history of humanity’s relationship with the ocean to gain insights into continuities, changes, and dynamic elements in contemporary ocean lawmaking.68 My approach does not preclude other points of focus or routes through the rich and winding paths of ocean law’s history. Keywords: activities; actors; article; century; change; china; china sea; chinese; columbia; conservation; contemporary; context; continuity; convention; countries; design; eds; eez; efforts; environmental; example; fisheries; history; human; incident; information; institutions; international; journal; lawmaking processes; legal; management; marine; maritime; military; new; norms; note; ocean governance; ocean lawmaking; policy; power; public; reconnaissance; resources; rights; role; sea; seabed; seas; south; states; supra; surveillance; u.s; unclos; vol; war; whaling; world

• Choosing Words Wisely: Climate Agreements Viewed Through a Legal Contractual Framework by Daisy, Samantha (2022) - LEGAL FRAMEWORKS CAN IMPROVE CLIMATE FINANCE AGREEMENTS This Note will first explore how legal frameworks can be applied to climate finance pledges, like those outlined in the Paris Agreement, and as an analyzing tool for the future language and terms that might create efficiency in future agreements. However, the language does not yet address the issues of promoting sovereignty and good governance in implementing climate finance agreements. Keywords: adaptation; agent; agreement; climate; climate agreements; climate change; climate finance; contract; countries; development; framework; governance; language; law; nations; note; paris; paris agreement; parties; principal; supra; transparency
• Green Funds in a Gray Area: The ESG Fund Labeling Problem and How the SEC Can Fix It by Shapiro, Corey (2023) - ESG FUNDS, RETAIL INVESTORS, AND THE SEC’S REGULATION OF OPEN- END FUNDS Given the rapid growth and popularity of ESG investing, ESG funds have outgrown the pre-existing regulatory framework, leading to a 31. In an effort to address the lack of standardization and clarity in the ESG fund industry, the SEC proposed two rules in May 2022 that would change the naming and disclosure requirements for ESG funds. Keywords: companies; data; disclosures; esg; esg factors; esg funds; esg integration; esg investing; esg investment; etfs; fed; fund names; green; impact; impact funds; information; integration; integration funds; investing; investment; investors; names; note; objectives; reg; rule; screening; sec; social; strategies; strategy; supra; supra note
• Protecting Protectionism in the WTO: A Reinterpretation of the General Exceptions to Protect the IRA's Local Content Requirements by Pelton, Abigail (2024) - According to U.S. representatives, WTO panels and ABs should rely on the text of the agreements in question and the arguments of the parties, rather than the non-ratified interpretations promulgated by earlier panels and ABs. This Note reviews the WTO rules which the IRA may violate and finds that the IRA would not pass muster under prevailing interpretations of WTO agreements. Keywords: agreement; art; article; body; climate; d. art; energy; exceptions; gatt; general; ira; lcrs; measure; member; note; panel; policy; products; report; scm; supra; supra note; trade; u.s; wto
• Regional Planning for Just and Reasonable Rates: Reforming Gas Pipeline Review by Dimenstein, Libby; Ünel, Burçin (2024) - As a result of advances in extraction technology,60 natural gas production in the United States has almost doubled,61 and pro- posals for gas pipelines have also increased.62 At the same time, states and the federal government have become increasingly con- cerned about how the burning of fossil fuels contributes to climate change, and public battles over the siting of natural gas pipelines have become more prevalent.63 As a result, calls for reform of FERC’s pipeline approval process have intensified.64 In 2018, the Commission published a notice of inquiry seeking comment on how to reform its process for evaluating applications for certificates of public convenience and necessity.65 Three years later, in response to a change in presidential administration and a series of new executive orders, the Commission issued a second no- and the Commission’s refusal to “look behind” the agreement to determine whether it repre- sented legitimate need). A contentious—but important—opportunity that FERC should evaluate is the ability of natural gas pipelines to transport hydrogen, a gas that releases no carbon dioxide emissions when burned but which, like natural gas, is dispatchable.228 The federal government has already allocated sub- stantial funds toward developing a clean hydrogen network. Keywords: authority; commission; cost; demand; electric; electricity; energy; facilities; fed; ferc; gas; gas infrastructure; gas pipeline; gas transmission; infrastructure; need; new; nga; note; pipeline; planning; policy; power; process; project; public; rates; supra; transmission; transmission planning; u.s
• Moving Water: Managed Retreat of Western Agricultural Water Rights for Instream Flows by Stern, Stephanie; Tarlock, A. Dan (2024) - We do not recommend the common practice in residential managed re- treat of paying pre-disaster market value in light of the competitive market for water rights and the fact that water rights retreat does not require farmers to physically relocate. Part III describes original federal water rights in western water, a history that contests the assumption that western water rights must be held by state governments and private parties. Keywords: agriculture; benefits; california; change; climate; colorado; conservation; drought; farmers; federal; flows; government; groundwater; instream; journal; land; law; megadrought; note; policy; program; public; retreat; rights retreat; river; state; supra; u.s; urban; use; water rights; west
• Contracting the Void: Land, Capital, and Sequestration by Lewis, Madeleine; Righetti, Tara (2025) - Moreover, unresolved questions about trespass and the nature of pore space property rights leave lingering uncertainty about the extent of rights required. Schremmer, supra note 2, at 3. 362 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 50:2 interests in pore space can be acquired.5 These inquiries have been limited to normative explorations into potential regulatory models6 or the theoretical parallels in oil and gas development that could inform contracting mechanisms for pore space.7 Because the market for pore space storage rights is only now beginning to develop at scale, scholarly assumptions about the structures and mechanisms by which rights in pore space are conveyed and valued have not yet been validated. Keywords: agreements; carbon; ccs; co2; colorado; contracting; county; court; development; energy; gas; injection; interest; journal; land; landowner; law; lease; llc; louisiana; mineral; mineral owner; note; oil; operator; owner; ownership; project; property; public; rights; sequestration; space; space owner; state; storage; subsurface; supra; supra note; surface; surface owner; term; texas; use; west; wyoming
• Against the Wind—Sustainability, Migration, Presidential Discretion by Ferrey, Steven (2019) - For instance, wind power is an essential technology to reduce U.S. greenhouse gas emissions and to meet the goals the U.S. previously pledged as part of the international Paris Agreement of 2016.6 Wind power does not emit either carbon-dioxide (“CO2”) or methane into the atmosphere, nor does it contribute to climate change.7 Further, wind power has been the leading source among all new electric power technologies installed in the U.S. for the past decade,8 and wind power is now cost-competitive with most other means of power generation.9 The U.S. Department of Homeland Security has also identified sixteen critical infrastructure sectors in the 3. U.S. CONST. Wind power emits none of these pollutants. Keywords: act; administration; biomass; birds; capacity; coal; columbia; cost; electric; electricity; energy; federal; ferrey; fuel; gas; generation; heat; incentives; journal; law; macro-5.28.19; migratory; net; new; note; power generation; projects; ptc; solar; states; supra; tax; thermal; trump; u.s; vol; wind; wind energy; wind power; years
• Moving at a Glacial Pace: What Can State Attorneys General Do About SEC Inattention to Nondisclosure of Financially Material Risks Arising from Climate Change? by Hart, Nina (2019) - Part III will then argue that further guidance from the SEC is necessary, and that current New York Attorney General Eric Schneiderman is best positioned to force SEC action and otherwise provide companies and law enforcement with a framework for disclosure requirements. [hereinafter Supplemental 2009 Petition], available at http:// www.sec.gov/rules/petitions/2009/petn4-547-supp.pdf [http://perma.cc/R52V-A4FL] (discussing the purpose of filing a second supplement petition and the lack of SEC action on the 2007 petition). Keywords: act; action; attorney; attorney general; change; climate; climate change; companies; cuomo; disclosure; enforcement; federal; general; guidance; information; law; martin; n.y; new; note; office; petition; release; risks; sec; securities; state; supra; supra note; york
• Regulating Pot to Save the Polar Bear: Energy and Climate Impacts of the Marijuana Industry by Warren, Gina S. (2019) - 392 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [40:3 i. State Trends to Legalize California became the first state in 1996 to allow patients to use marijuana for medical purposes.24 California’s Compassionate Use Act of 1996 did not legalize the drug, but did decriminalize the cultivation and use of marijuana for qualifying patients who were seriously ill.25 Several years later, California set up a voluntary patient registration program,26 whereby patients were given identification cards to enable law enforcement to easily identify those patients who may cultivate, possess, transport, and consume marijuana without prosecution.27 Patients, or their primary caregivers, may typically cultivate up to six mature or twelve immature plants for their personal use,28 but may grow more if a doctor says that they need more to adequately treat their illness.29 In addition, cooperative or collective marijuana cultivation is 24. Id. 412 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [40:3 producers, because any regulatory agency that receives federal funding risks losing those funds by enacting regulations to facilitate marijuana cultivation.144 This has led some municipalities and counties to refrain from enacting a regulatory framework, which in turn has resulted in continued misuse of natural resources and damage to the climate.145 Many point to the federal prohibition and the concern for loss of funding, or worse, as the “biggest impediment to curbing the impacts of marijuana cultivation. Keywords: act; boulder; cannabis; carbon; change; climate; code; colo; colorado; columbia; control; county; cultivation; electricity; emissions; energy; growers; impacts; indoor; industry; law; laws; licensing; marijuana; marijuana cultivation; marijuana industry; medical; note; plants; pot; solar; state; supra; supra note; u.s; use; washington
• Sea Level Rise and the Freely Associated States: Addressing Environmental Migration Under the Compacts of Free Association by Dema, Briana (2019) - Notwithstanding the limitations, however, voluntary migration from the FAS to the United States could form part of an adaptive response to climate change in the FAS. A. The Limitations of the Compact Immigration Provisions While the immigration provisions of the Compacts are unique and significant, they are limited in scope and could not on their own adequately address large-scale or permanent, forced population movements from the FAS associated with sea level rise. These islands constitute an integrated strategic physical complex vital to the security of the United States . . . . Keywords: association; change; climate; compact; fas; free; islands; level; level rise; migration; note; rise; sea; sea level; states; supra; u.s; united; united states
• A New Horizon?: The Need for Improved Regulation of Deepwater Drilling and the Oil Industry by Brogdon, Lauren Hunt (2019) - In  2010  alone,   the  U.S.   consumed  98.1   quadrillion  BTU.     Thirty-­‐seven   percent   of   that   consumption  was   oil,   and   twenty-­‐five   percent   was   gas.     In  fact,  the  United  States  has  averaged  792   incidents   each   year   since   2006,17   including   almost   twenty   major   spills  annually.18    Since  1964,  over  eleven  million  gallons  of  oil  have   been  spilled  in  U.S.  waters  on  the  Outer  Continental  Shelf.19    Because   of   the   degree   of   attention   and   study   that   large-­‐scale,   high-­‐profile   accidents   receive,   such  disasters   are   typically   the   catalysts   for  new   or   amended   legislation   affecting   the   energy   industry.     Keywords: act; commission; deepwater; drilling; energy; gas; gulf; horizon; industry; mms; need; note; oil; regulation; report; response; rig; safety; spill; supra; technologies; u.s
• A Second-Generation Solution to Electronic Waste: The New York Approach by Buseman, Nicole (2019) - Manufacturers   rarely   establish   consumer-­‐friendly   recycling   programs   voluntarily   because   accepting   an   unrestricted   volume   of   discarded  products  burdens  them  with  high  recycling  costs.27    Even   where  manufacturers  have  created  independent  programs  to  recycle   used   products,   retailers   rarely   participate   in   these   programs   and   manufacturers   often   fail   to   provide   convenient   e-­‐waste   disposal   options.28   Consumers   face   similar   disincentives   to   recycle   e-­‐waste.     Id.   (noting   the   Swiss   approach—a   collective   system   that   does   not   distinguish   by   manufacturer—enhanced  consumer  convenience  by  allowing  centralized  drop-­‐off  of  different   types  of  electronics,  compared  to  separation  by  manufacturing  brand  or  type  of  waste).     112   COLUMBIA  JOURNAL  OF  ENVIRONMENTAL  LAW   [Vol.  37:2   Two   different   e-­‐waste   systems   have   been   implemented   in   the   United   States,   and   each   addresses   the   divide   between   actors   in   differing  ways—the   Producer   Responsibility   System   (PRS)   and   the   Advanced  Recovery   Fee   System   (ARF).63     The   PRS   approach   places   responsibility   for   recycling   and   disposal   costs   on   manufacturers,   while   the   ARF   approach   charges   consumers   a   recycling   fee   at   the   point  of  sale.64    All  but  one  state  e-­‐waste  program  implements  a  form   of   a   PRS;   California   is   the   only   state   that   has   adopted   an   ARF   system.65    New  York  continued  this  trend  with  the  adoption  of  a  PRS   program   that   requires  manufacturers   to   implement   and   finance   e-­‐ waste  disposal  systems.66   C.    EERRA:    The  New  York  Approach   New  York’s  EERRA  has   received  praise   as   “the  most  progressive,   best   researched   e-­‐waste   bill   in   the   country. Keywords: ann; collection; consumer; e-­‐waste; eerra; law; manufacturers; note; products; programs; recycling; state; supp; supra; west; york
• Blowing Smoke: Why the Current Government Incentive Regime Makes EVs and PHEVs a Distant Prospect—and How to Fix It by Cohen, Clint (2019) - The federal government offers, or has previously offered, tax credits for the purchase of EVS and PHEVs; for PHEV conversion kits; and for charging stations. The federal government provides tax credits for PHEVs of up to $7500. Keywords: car; charging; consumers; cost; credit; diesel; electric; energy; fleet; fuel; gas; gasoline; government; hybrid; note; percent; phevs; plug; price; supra; tax; vehicles
• Looking in the Side-View Mirror: Assessing the Current and Future State of the Solar Energy Industry as it Reaches the Mainstream by Palumbo, Brian (2019) - Properly Assessing the Solar Industry Requires an Alteration of Experts’ Analytical Prescription .................... 220 I. INTRODUCTION The popularity of solar energy has risen as its cost has rapidly de- creased since 2005.2 A Deutsche Bank projection claims that the cost of solar energy will reach grid parity3 by 2016, and an Interna- 2. Grid parity occurs when an alternative source of energy, such as solar energy from photovoltaic panels, costs the same to the retail consumer as energy provided by the utility 2016] Keywords: cost; credit; electricity; energy; energy industry; future; government; grid; incentives; industry; itc; metering; net; note; party; policies; policy; solar; state; supra; supra note; tax; utilities; utility
• Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy by Dellinger, Myanna (2019) - However, as third-party beneficiaries obtained standing without contractual privity years ago, so might contractual outsiders be able to persuade courts that they ought to have standing for the limited purpose of challenging the contractual validity of trophy hunting contracts given the overlapping interests of parties without strict contractual privity. In cases where courts are asked to resolve issues relating to trophy hunting contracts, they have both relevant precedent as well as sound modern reasons to declare trophy hunting contracts unenforceable because of urgent and major societal concerns that override the interest of individual contractual parties in the enforcement of such contracts. Keywords: action; animals; case; cecil; columbia; conservation; contract law; contracts; contractual; courts; doctrine; endangered; example; extinction; hunting contracts; international; issue; journal; killing; law; lion; note; ownership; parties; party; policy; public; reasons; society; species; standing; state; supra; trophy hunting; trust; trust doctrine; u.s; vol; wildlife
• Is Generating Renewable Energy a Religious Use of Property? A Question as Congregations Implement Community Solar Programs by Bolgiano, William (2019) - Section III.D addresses some of the arguments raised against community solar projects. As discussed in Part IV, these congregations are well positioned to generate considerable value from community solar projects—in addition to having the resources necessary for some of the most important projects. Keywords: church; community; community solar; congregations; energy; exemption; generation; law; model; non; note; profit; project; property; property tax; purpose; solar; states; supra; supra note; tax; tax exemption; use
• Federal Indian Reserved Water Rights and the No Harm Rule by Termyn, Christian (2019) - As discussed in Part IV.B.1 infra, they have done 2018] Federal Indian Reserved Water Rights 535 decisions, and what body of law will apply when reserved rights and state water rights are in conflict. Where water is scarce, even a slight change in practice by one water user may affect the availability of water to other users of a common source.4 One challenge facing tribes holding reserved rights is that they are typically entitled to much more water on paper than they currently use.5 This might sound like a good problem to have, however, it is fundamentally at odds with state prior appropriation doctrine, under which water rights are created and maintained exclusively through actual water use.6 Keywords: change; consumptive; court; federal; indian; law; note; purpose; reservation; state; state law; state water; supra; tribes; u.s; united; use; uses; water; water law; water rights; water use
• A Fracking Mess: Just Compensation for Regulatory Takings of Oil and Gas Property Rights by Lynch, Kevin J. (2019) - Serkin identified nine “valuation mechanisms” that courts use to calibrate just compensation awards.154 These mechanisms include harm versus gain; allocating risk; permissible but unenacted regulations; benefit offset and average reciprocity of advantage; timing of valuation; and recharacterizing the property taken.155 Serkin also identified a range of “contested takings theories” that have been advanced in support of various views on how takings law should be applied by the courts.156 Serkin’s key insight was to connect the variety of theories of takings law with the valuation mechanisms previously discussed, arguing that no true value of property can be determined without first understanding the theory being promoted and the context of the particular case.157 Thus, takings cases need not reflect a unified theory because instead they reflect a number of competing theories that may change over time 154. Efficiency arguments are also reflected in numerous statements or rules developed by the courts in takings cases. Keywords: case; compensation; court; development; efficiency; extraction; fairness; fracking; gas; gas property; gas rights; government; interest; law; market; methods; mineral; note; oil; owner; property; property owner; property rights; public; question; regulation; rights; states; supra; supra note; takings; takings claims; takings law; u.s; united; use; valuation; value
• Private Actions for Damages Resulting from Offshore Oil Pollution by Gordon, Michael M. (2019) - 190 [2: 140 Private Actions for Damages settling claims for oil pollution damages in U.S. waters and coast- lines.2 so The Act is noteworthy in a number of respects. The authors report that Businesses sustaining heavy losses from oil damage in the harbor area included boat brokers, some restaurants near the shore, charter fishing boats, boat rental companies, and marine and fishing supply companies. Keywords: act; action; admiralty; ann; convention; court; damages; federal; florida; fund; law; liability; maritime; negligence; note; nuisance; oil; oil pollution; plaintiff; pollution; section; state; supp; supra; u.s; u.s.c; united
• The Federalist Principle: The Interaction of the Commerce Clause and the Tenth Amendment in the Clean Air Act by Salmon, David D. (2019) - The Commerce Clause, on the other hand, is a grant of power without definition of its reach vis-a-vis state power, and is not accompanied by an energizing enabling clause as is the fourteenth amendment. The subject matter of that power differs; the purposes of the power differ; and given the tenth amendment's declara- tion of state power, the scope of the federal power may well be different when con- fronting activities of the state. Keywords: act; action; administrator; air; air act; cir; clause; clean; columbia; commerce; commerce power; congress; constitution; court; epa; f.2d; federal; government; law; maryland; national; note; plan; pollution; power; state; state action; states v.; supra; u.s; u.s.c; united; united states
• The Legal Regime of the Sea-bed Under the New International Economic Order by Winterton, George (2019) - Id. at 108. 1976] 403 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW is economically sound, I believe it unwise to simply submerge the proceeds of sea-bed exploitation in general development funds, even if a greater number of developing nations would benefit thereby. Examples of recent efforts among the developing countries to protect one another from the deleterious effects of actions taken against developed nations are: (a) Conference of Developing Countries on Raw Materials: Action Programme and Resolutions on Raw Materials and Other Primary Commodities (Dakar, February 3-8, 1975): 14 INT'L. LEG. Keywords: anand; bed; int'l; international; law; nations; note; rao; sea; supra
• Securing Solar Energy Rights: Easements, Nuisance, or Zoning? by Bersohn, David L. (2019) - 4 7 These three rationales-the policy of a developing country, the impossibility of adverse user of lights, and the undesirability of un- productive wall-building-have formed the basis for all subsequent rejections of ancient lights .4 Careful examination of the three rationales will demonstrate that solar energy rights should not share the stigmata of ancient lights, and that sunlight easements deserve legal treatment distinct from light and air. Actual notice and the emerging public policy favoring solar energy use amply support the equitable determination of laches sought by lights claimants against the dormant development rights of neighboring estates. Keywords: act; air; ancient; building; city; court; development; doctrine; easements; energy; energy rights; land; law; light; new; note; nuisance; ordinance; power; prescription; property; public; rights; solar; sunlight; supra; use; york; zoning
• Judicial Review of EPA Action Under the Citizen Suit Provision by Chu, John H. (2019) - The First Circuit's interpretation of the interrelationship be- tween the citizen suit and judicial review sections does not appear to be correct, but this need not imply its view of the availability of citizen suit review was erroneous. The equity powers of the courts should be invoked rather than the mandamus tradition in determining the availability of citizen suit review. Keywords: action; administrator; apa; cir; citizen suit; court; f.2d; jurisdiction; law; note; provision; review; review section; section; supp; supra; u.s.c
• Endangered Species Act: Constitutional Tensions and Regulatory Discord by Swift, Byron (2019) - The func- tioning of state wildlife agencies is not impaired by the ESA-it only removes a small segment of their subject matter jurisdiction until they agree to conserve it by signing a Cooperative Agree- ment. However, fed- eral preemption of state law is always coercive in some sense, though constitution- ally valid under the supremacy clause. Keywords: act; agency; agreement; court; endangered; esa; f.2d; federal; habitat; law; national; note; power; regulations; secretary; section; species; species act; state; supp; supra; u.s; u.s.c; wildlife
• An Environmental Assessment of Emerging International Fisheries Doctrine by Boak, Jeffrey (2019) - But realistically, all countries with major fishing interests off the United States have fishery agreements. 5 Unilateral and bilateral approaches to fishery management tend to continue the aggregate insanity of the commons effect. Keywords: agreements; article; fisheries; fishery; fishing; law; management; mey; msy; nations; note; sea; standard; states; united
• Preservation by Contract: Public Purchase of Develop- ment Rights in Farmland by Newton, David F.; Boast, Molly (2019) - Owners of farmland parcels ac- ceptable for development rights purchase must give the County an option period of sixty days and must agree to allow the County to undertake a professional appraisal of the property.' For recommended contract provisions more precisely reflecting the parties' likely needs in development rights purchase, see McCarthy & Peterson, Farmland Preservation by Purchase of Development Rights: The Long Island Experiment, 26 DEPAUL L. REV. 447, 470-74 (1977). Keywords: agricultural; control; county; development; development rights; farmland; land; law; market; new; note; preservation; program; property; public; purchase; suffolk; suffolk county; supra; transfer; use; value; zoning
• Exclusionary Employment Practices in Hazardous Industries: Protection or Discrimination? by Bor, Victoria L. (2020) - The Court carefully stated that its decision rested on the risk posed to prison security, and not on considera- tions of the safety of women employees: Presented with the possibility that a sub- stance may pose dangers to workers' reproductive capacities, some employers are viewing women workers as the group threatened by the hazards and excluding them from the workplace as the most efficacious means of protecting them from injury and the company from potential legal liability. Keywords: act; cir; court; discrimination; employees; employer; employment; exposure; f.2d; general; hazards; health; industry; lead; note; practices; pregnancy; protection; secretary; sex; standard; substance; supra; u.s; women; workers; workplace
• International Protections of Marine Mammals by Travalio, Gregory M.; Clement, Rebecca J. (2020) - Finally, a much greater body of knowledge about the habits and biology of the Pribilof seals has been available than about other marine mammals such as whales, dolphins, and por- poises. 20 0 Article 64 of the Text protects highly migratory species, a cate- gory that includes most whales, dolphins, and porpoises, as well as other marine mammals. Keywords: art; article; conservation; convention; d. art; iwc; law; mammals; marine; nations; note; protection; scarff; seals; species; states; supra; supra note; treaty; united; whales; whaling
• A Specific Proposal for Hybrid Rulemaking by Charo, Robin Alta (2020) - In highly technical areas, judges are institutionally in- competent to weigh evidence for themselves, 4 6 and judicial decision-making is likely to be more reasoned if primarily focused upon agency procedure rather than agency data. 10 Reviewing courts are to set aside agency rules un- supported by substantial evidence11 present in the record. Keywords: act; agency; court; docket; hybrid; note; procedures; public; record; review; rulemaking; section; u.s.c
• Unresolved Safety Issues in Nuclear Power Plant Licensing: Reasonable Assurance of Safety or Nuclear Shell Game? by Clancy, Kevin (2020) - Regardless of its avowedly conservative stance, the NRC has been subject to increasing criticism concerning safety issues over the past decade. The method used to reduce the number of safety issues has been described as a series of disingenuous techniques. Keywords: analysis; generic; issues; licensing; note; nrc; nuclear; plant; power; report; risk; safety; staff; supra
• New Jersey's Pinelands Plan and the "Takings" Question by Greenbaum, Roger A. (2020) - The Court rejected his taking claim, citing Penn Central and other land use cases. Recently, text-conscious jurists and commenta- tors on land use cases have on several occasions tried to invigorate the distinction between the due process and takings checks on state action. Keywords: area; city; co.; court; land; new; note; pinelands; plan; property; taking; tdrs; u.s; use; value; york
• An Overview of the Bubble Concept by Saideman, Ellen M. (2020) - V. PRACTICAL OBSTACLES TO BUBBLE USE In addition to questions surrounding the legality of the bubble concept, many practical obstacles block its widespread use. Bubble to Clean Air at Less Cost, 202 ENGI- NEERING NEwS-REc. Keywords: act; air; bubble; bubble concept; clean; control; epa; new; note; pollution; source; supra; use
• Foreign Investment in United States Energy and Mining: Crossroads for Policy by Besen, Stephen M. (2020) - The following factors would be considered and evaluated in the study: (1) the effects on the United States economy and United States mineral policy of the acquisition and control of United States mineral resources on lands owned by the United States by for- eign persons; (2) the relationship between mineral resources on lands owned by the United States and whether indirect foreign ownership of such mineral resources may adversely affect United States na- tional security; (3) the consequences of the acquisition and control of mineral resources on lands owned by the United States by foreign persons on the conduct of United States foreign policy; and (4) the degree to which foreign countries permit nonnational ownership and control of their mineral resources and grant re- ciprocal privileges. Both Con- gress and the executive branch are presently evaluating current laws and various proposals to restrict foreign investment in United States resource companies. Keywords: american; canadian; energy; foreign; investment; mining; mlla; note; policy; reciprocity; resources; states; supra; united; united states
• Class Actions and Mass Toxic Torts by Charo, Robin Alta (2020) - Though class actions have been used for mass accident11 and pollution 12 cases, this is the exception and not the rule.13 See also Weinstein, Revision of Procedure: Some Problems in Class Actions, 9 BUFFALO L. REV. 433, 469 (1960) (citations omitted): There are, however, serious objections to using class actions where an accident has resulted in injury to many persons. Keywords: actions; cases; class; class action; court; damages; defendant; f.r.d; federal; law; liability; litigation; mass; note; plaintiffs; questions; rule; state; supp; supra; tort; toxic
• Controlling Land Use on the Checkerboard: The Zoning Powers of Indian Tribes After Montana v. United States by Scott, Jane E. (2020) - Some non-Indian landowners have resisted compliance with tribal zoning regula- tions, arguing that Indian tribes may not regulate the land use activities of those who are not members of the tribe.3 The Supreme Court's recent decisions regarding the scope of an Indian tribe's jurisdiction over nonmembers of the tribe have left open the question of land use regulation. 267 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW conclusions will be offered regarding the future course of the doc- trine of implied limitations, and its implications for Indian tribes seeking to regulate land use on reservations owned in part by whites. Keywords: court; federal; indian; land; law; montana; non; note; oliphant; powers; reservation; tribal; tribes; u.s
• Pollution Share Liability: A New Remedy for NO. 2 Plaintiffs Injured by Air Pollutants by Friedland, Ellen (2020) - Since pollution share liability cases share the same difficulty of identification, it is a necessary element of the theory that the burden shift to defendants. Fi- nally, Part III suggests pollution share liability as an alternative theory of recovery where medical disorders have been caused by air pollution. Keywords: action; air; cal; defendants; injury; law; liability; note; p.2d; plaintiff; pollution; share; supp; supra
• Danger in the Classroom: Asbestos in the Public Schools by Lang, Robert D. (2020) - The court, characterizing the case as one where a common core predominated, stated that school asbestos litigation is uniquely suitable to class action treatment. 19851 120 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 10:111 cies to enable them to conduct an asbestos detection program to identify asbestos hazards in schools; 55 authorizes loans to local educational agencies for the mitigation of asbestos hazards which constitute an imminent danger to the health and safety of school- children and employees; 56 and assures that no employee of any local educational agency suffers any disciplinary action as a result of calling attention to potential asbestos hazards in schools. Keywords: act; asbestos; districts; epa; hazards; health; materials; n.y; new; note; removal; school; state; times
• Strict Liability for Cleanup Costs Under Section 311 of the Clean Water Act: Cleaning Up Respondeat Superior and Negligence by Wenig, Michael M. (2020) - See infra Section V(C) (on principle for determining scope of third party defense in area beyond independent contractors). Sub- section 11 (f)(1) reads: Except where an owner or operator can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil is discharged in violation of subsection (b)(2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsec- tion (c) for the removal of such oil by the United States Government in an amount not to exceed $100 per gross ton of such vessel or $14,000,000 whichever is lesser, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. Keywords: act; acts; cercla; congress; court; cwa; defense; liability; negligence; note; oil; owner; party; party defense; states; subsection; supra; united
• Informed Judicial Decisionmaking: A Suggestion For A Judicial Office For Understanding Science and Technology by Trubatch, Sheldon L. (2020) - JOUST would be a two-tiered organization com- prised of a large group of technical experts able to review and summarize technical material in the records of agency proceed- ings, and a small group of lawyer-scientists who could communi- cate with both judges and technical experts. JOUST would be a two-tier organization comprised of a cadre of individuals trained in both law and science or technology, 4' and a group of technical experts. Keywords: agency; court; experts; issues; judges; note; record; review; science; supra; technical
• Asbestos in Schools: A Remonstrance Against Panic by Cross, Frank B. (2020) - school asbestos exposure. Given the prevailing concentrations in schools, though, even a higher susceptibility for children would not trans- late into a significant risk from school asbestos exposures. Keywords: asbestos; buildings; commission; epa; exposure; health; levels; materials; note; removal; report; risk; royal; schools; study; supra; supra note
• Energy Savings in Residential Buildings: The Role of Investor-Owned Utilities by Stearns, Lisa R. (2020) - NECPA provides that nothing in the statute relating to utility programs shall be construed as restricting the authority of any agency or instrumentality of the U.S. or of any state to use any provision of law to prevent unfair methods of competition .... 8 7 Consequently, utility programs will be subject to antitrust restrictions under federal and state law. Keywords: act; commission; company; conservation; costs; customers; electric; energy; energy conservation; financing; gas; incentive; installation; law; new; note; power; program; pub; public; rate; rcs; regulatory; savings; service; solar; state; supra; supra note; systems; use; utilities; utility; utility conservation; water
• Federal and State Mandatory Beverage Container Deposit Legislation by Mallory, Karen L.; Charo, R. Alta (2020) - Since producing aluminum from bauxite re- quires twenty times as much electricity as producing aluminum from recycled metal, recycling of this material alone promises considerable energy conservation.2 8 In sum, it is difficult to quantify the exact energy savings that results from the implementation of container deposit legislation. 7 Oregon consumers return better than 90 percent of the beverage containers they purchase.8 Surveys conducted in 1973 and 1975 found that 90 percent of Oregonians supported the bill.9 Not only has recycling beverage containers become a way of life, but the public has also extended recycling to other materials. Keywords: ann; beverage; bottle; cong; containers; deposit; law; laws; legislation; new; note; plastic; recycling; sess; stat; supra
• Access to Sunlight: Resolving Legal Issues to Encourage the Use of Solar Energy by Sampson, Tamara C.; Charo, R. Alta (2020) - APPENDIX A: LUNGREN'S MODEL STATUTE 9 8 SECTION I. DECLARATION OF POLICY The legislature hereby finds that the use of solar energy can (1) relieve the nation's reliance upon irreplaceable domestic and imported fossil fuels subject to depletion due to natural usage, economic or political circumstances; (2) reduce the environmen- tal effect of air and water pollution through use of a non-polluting energy source; (3) create employment in the manufacturing, in- stallation, maintenance and development of solar devices; and, (4) require establishment of solar property rights in order to en- courage solar development by furnishing assurance of continued access to sunlight. Appendix B provides data on tax incentives also aimed at encouraging solar energy use. Keywords: access; ann; building; code; covenant; easement; energy; law; note; property; right; solar; stat; sunlight; supra; use
• The U.S. Export of "Pipeline" Therapeutic Drugs by Cook, Rebecca (2020) - The 1986 Act lists the following twenty-one countries as those to which drug export is permitted, provided that each country proposed for export has approved the drug and the drug has been withdrawn from sale in that country: Australia, Austria, Belgium, Canada, Denmark, Federal Republic of Germany, Finland, France, Ice- land, Ireland, Italy, Japan, Luxembourg, The Netherlands, New Zealand, Norway, Portu- gal, Spain, Sweden, Switzerland and the United Kingdom. INTERNATIONAL PRINCIPLES APPLICABLE TO DRUG EXPORTS There are at least three established and evolving international law principles that apply to the U.S. export of drugs and devices: the principles of State Sovereignty 101 State Responsibility 102 and, an aspect of the latter the observance of international mini- mum standards.i03 Not suprisingly there is constant tension be- tween these principles. Keywords: act; amendments; approval; countries; country; drug; drug export; export; health; international; law; note; pipeline; secretary; state; supra; u.s; u.s.c; use
• Visual Impacts of Forestry by Lundmark, Thomas (2020) - LAws §§ 44-27-1, 44-5-12 (1980) (land classified as forest land taxed according to actual use). X, §§ 10.03, 10.16, 10.17 (1978). Keywords: act; aesthetics; ann; areas; aug; author; cal; california; code; forest; forestry; land; law; letter; management; note; property; public; rev; state; supra; tax; timber; trees; u.s; use
• No Butts About It: Smokers Must Pay for Their Pleasure by Nelkin, Les (2020) - ' 8 1 Just as the legislature, in the 1930's, openly18 2 sought to deter the illicit marijuana trade, so too may Congress, in a 1980's excise increase, confess a desire to discourage cigarette smoking. The smoker s newborn may also suffer deficiencies in early physical growth and emotional development.si Babies born to cigarette smokers are more likely to have neurological disorders, psychological abnormalities and lower intelligence scores .32 Keywords: cigarette; costs; excise; federal; health; note; ota; pack; price; smokers; smoking; supra; supra note; tax; tobacco; u.s; year
• The Antarctic Treaty System: Politics, Law, and Diplomacy by Gomes, Diane (2020) - Mr. Myhre uses his discussion of the standard international law of titles as a springboard into his explanation of the sector the- ory, used to delineate territory by six of the countries that have asserted claims in Antarctica (p. 11). The prominent political questions in this area have always re- lated to sovereignty and national claims.6 Mr. Myhre has, there- fore, started his discussion by focusing on the ways in which international law and methods of claiming legal title to a territory may be applied to Antarctica (Chapter II-Territorial Sovereignty 1. Keywords: antarctica; myhre; note; supra; system; treaty
• Disease, Not Accident: Recognition of Occupational Stress Under the Workmen's Compensation Laws by Mallin, Letitia J. (2020) - In Jones v. Dist. of Columbia Dep't of Employ- ment Services, 519 A.2d 704 (D.C. 1987), citing IB A. LARSON, supra note 2, §§ 38.65, 38.65(d), the court notes that when physical stress leads to a heart attack, the plaintiff need prove only that the employment caused the injury, while when emotional stress leads to a heart attack, there is a question whether an accidental injury has taken place, over and above the requirement of proving causation. The case stated the rules that repetitious mental trau- matic activity cannot constitute occupational disease, id. at 337, and that [a] disabling mental condition brought about by the gradual buildup of emotional stress over a period of time and not by an unexpected injury causing event is not compensable unless accom- panied by physical stress or exertion. Keywords: accident; claimant; claims; compensation; court; disease; employee; employment; injury; job; larson; note; occupational; stimuli; stress; supra; supra note; work
• Evidentiary Difficulties with Quantitative Risk Assessments by Walker, Vern R. (2020) - In addition to the evidentiary problems al- ready discussed, further evidentiary difficulties arise when the probative value of risk assessment statements in a particular law- suit is substantially outweighed by the danger of unfair prejudice, the danger of confusion of the issues, or considerations of undue delay or waste of time. I. QUANTITATIVE RISK ASSESSMENTS AS EVIDENTIARY DOCUMENTS A. Considering Risk Assessments as Documents Throughout this article, the phrase risk assessment will be used to mean a quantitative risk assessment of the kind commonly prepared by the United States Environmental Protection Agency (EPA) for toxic agents such as arsenic, radioactive materials such as radon, or synthetic compounds such as chlordane. Keywords: agency; data; epa; evidence; evidentiary; expert; hearsay; note; policy; primary; risk; risk assessment; rule; statements; study; supra
• How the Price-Anderson Act Failed the Nuclear Industry by Rosenthal, Marcie (2020) - The effect is to make those living in proximity to nuclear power plants subsidiz- ers of. . In 1975, twenty-four state legisla- tures introduced fifty bills that proposed to substantially restrict or prohibit the development of nuclear power.3 5 A California ini- tiative proposed to halt all construction on nuclear power plants and require gradual elimination of operating nuclear plants.3 6 Polls demonstrated the shift of individual preferences away from nuclear power. Keywords: accident; act; anderson; energy; industry; liability; note; nuclear; plants; power; price; public; safety; supra; supra note
• Acid Rain, Emissions Trading and the Clean Air Act Amendments of 1989 by Hoskins, David W. (2020) - Although emissions trading programs, as compared to more conventional pollution control methods, have resulted in consid- erable cost-savings, emissions trading has also encountered sig- nificant political and legal obstacles.8 2 - Initially, much of the debate focused on regulations defining key statutory terms such as stationary source which allowed firms to meet applicable standards by aggregating emissions from individual point sources. Collectively referred to as emissions trading, these programs allow emission sources to generate emission reduction credits. Keywords: act; air; clean; control; emissions; emissions trading; epa; note; pollution; sources; sulfur; supra; supra note; trading
• The Power Line Controversy: Legal Responses to Potential Electromagnetic Field Health Hazards by Weiss, John (2020) - 7 Although the health threat is unclear, possible health hazards from power line electromagnetic fields is increasingly an issue raised in condemnation cases. Three jurisdictions view electromagnetic power line fields as too remote and speculative to be considered. Keywords: court; effects; electric; electromagnetic; exposure; fear; fields; health; issue; line; new; note; power; power line; public; state; studies; supra; transmission; york
• Roads to Nowhere in Four States: State and Local Governments in the Atlantic Southeast Facing Sea-Level Rise by Campbell Jones, Shana; Ruppert, Thomas; Deady, Erin; Payne, Heather; Pippin, J. Scott; Huang, Ling-Yee; Evans, Jason M. (2019) - In Georgia, public roads are divided into three systems: the state highway system, the county road system, which includes county roads extending into any municipality within the county, and the municipal street system, which consists of the public roads within a municipality that are not classified as county roads or state roads. For the purposes of road duties, the doctrine of public duty is an affirmative defense only if an injury is caused by the negligent failure of a state agent to perform a health or safety inspection required by statute. Keywords: abandonment; access; adaptation; app; carolina; climate; county; court; delete)1/27/2019; duties; duty; et al; fla; flooding; florida; georgia; government; immunity; infrastructure; jones; law; level; level rise; macro-1/14/19; maintenance; note; planning; property; public; rise; road; s.e.2d; sea; south; state
• Bridges to a New Era, Part 2: A Report on the Past, Present, and Potential Future of Tribal Co-Management on Federal Public Lands in Alaska by Mills, Monte ; Nie, Martin (2022) - but the law still withdrew and reserved “conservation system units,” or public lands to be managed by federal land management agencies defined by section 102(4), that encompassed or surrounded some of those non-public lands. This savings clause, like others in federal land law, is still subject to the U.S. Constitution’s Supremacy Clause and principles of federal preemption. Keywords: act; agencies; agreements; alaska; alaska native; alaska state; ancsa; anilca; authority; bridges; columbia; congress; federal; fish; forest; government; indian; interests; interior; lands; lands management; law; management; national; native; new; non; note; planning; public; resources; rights; state; subsistence; subsistence management; supra; title; tribal; tribes; u.s; u.s.c; united; use; viii; vol; wildlife
• Fusing Electricity and Carbon Markets in the American West: Can Organized Electricity Markets Bolster Cap-and- Trade? by Caulkins, Luther (2022) - In the near term, state CAT programs are likely to have less effect on electricity sector emissions than programs like RPS, en- ergy efficiency standards, or prohibitions on coalfired electricity. Part III also explains how several state CAT programs could be linked together to form a regional CAT initiative—again, fo- cusing on linkage with California’s CAT program. Keywords: caiso; california; cap; carbon; carbon markets; cat; cat program; clean; climate; code; eim; electricity; electricity markets; emissions; energy; ghg; markets; note; power; price; pricing; program; regional; resources; shuffling; state; supra; trade; utilities; west; western

• The Conservation Easement Tax Expenditure: In Search of Conservation Value by Colinvaux, Roger (2012) - See THE NATURE CONSERVANCY, CONSERVATION EASEMENTS: CONSERVING LAND, WATER AND A WAY OF LIFE (2003), available at http://www.nature.org/aboutus/ privatelandsconservation/conservationeasements/conserving_a_way_of_life.pdf (discussing the success of conservation easements in protecting wildlife habitats and open space and noting the growing popularity of conservation easements as an effective conservation tool); Bray, supra note 1, at 124–25 (noting that, as of 2005, state and local land trusts hold conservation easements protecting over 6.2 million acres); see also McLaughlin, supra note 2, at 1, 5–6 (stating that “[t]he tax incentives have worked remarkably well” and showing the growth in land trusts and acres under conservation protection). Federal tax law also provides for estate and gift tax incentives with respect to conservation easements. Keywords: benefits; charity; conservation benefit; conservation easement; conservation purpose; conservation tax; conservation value; contribution; costs; credit; deduction; development value; easements; i.r.c; irs; land; law; market value; measure; program; property; public; purposes; state; supra; supra note; tax; tax benefit; tax expenditure; taxpayer; use
• California v. Bergland: A Precarious Victory for Wilderness Preservation by Bohnhoff, Henry M. (2020) - All areas within the national forests classified ... as 'wilderness', 'wild' or 'canoe' are hereby designated as wilderness areas. Thus, even ignoring wilderness areas in 1964 that were subsequently devel- oped, the Forest Service in that year probably managed over 70 million acres of wilderness. Keywords: agency; areas; california; court; eis; forest; impact; land; rare; service; supp; supra; wilderness
• Supremacy and Commerce Clause Issues Regarding State Hazardous Waste Import Bans by Stone, Jonathan R. (2020) - 3 2 C. Differing Views on How to Implement Section 104(c)(9) CAPs The differing views on how best to regulate the states without precipitating a hazardous waste war came to a head when EPA contracted for the National Governors Association (NGA) to write alternative draft guidelines for implementing the Section 104(c)(9) requirements.3 3 Section 104(c)(9)(B) provides that if a state's CAP relies on out of state hazardous waste disposal, the CAP must include an interstate or regional agreement to that ef- fect. The enforceability of state hazardous waste requirements is a timely issue, because in the past year a number of states have ac- ted to ban importation or disposal of foreign hazardous waste. Keywords: bans; clause; commerce; court; disposal; epa; hazardous; import; law; rcra; rep; section; state; supra; text; waste

• Why the Commercial Speech Doctrine Will Prove Toxic to the USDA National Organic Program by Heyman, Todd S. (2019) - As previously discussed, the central regulatory mechanism of OFPA is the labeling regime it imposes on organic food products. Given the Supreme Court’s latest pronouncement on the commercial speech doctrine in Sorrell v. IMS Health Inc., a First Amendment challenge would likely dismantle the NOP labeling program.25 In Sorrell, the majority indicated that it was comfortable applying “heightened” scrutiny to commercial speech regulations, and even imported some concepts 22. Keywords: central; court; doctrine; farmers; food; government; heyman; hudson; law; macro-1.31.14; nop; production; products; program; regulations; scrutiny; sorrell; speech; test; usda; use
• Standing to View Other People’s Land: The D.C. Circuit’s Divided Decision in Sierra Club v. Jewell by Mank, Bradford C. (2019) - See, e.g., Summers v. Earth Island Inst., 555 U.S. 488, 492–94, 496–500 (2009) (rejecting probabilistic proof of standing injury in case alleging that the Forest Service’s sales of timber from government lands failed to protect the public interest in accessing and enjoying those lands and demanding that environmental plaintiffs demonstrate a specific time and place where they suffer a concrete injury); Lujan, 504 U.S. at 573–78 (concluding that Articles II and III of the Constitution limit Congress’s authority to authorize citizen suits by any person lacking a concrete injury, requiring environmental plaintiffs to demonstrate a specific injury for standing and thus rejecting environmental suit alleging potential future harm to plaintiffs’ aesthetic interest in viewing endangered species in foreign countries at some possible future time); Mank, Clapper, supra note *, at 240–49 (discussing Justice Scalia’s strict separation of powers approach to standing in general and in Summers and Lujan decisions); see also Andrew C. Sand, Standing Uncertainty: An Expected-Value Standard for Fear-Based Injury in Clapper v. Amnesty International USA, 113 MICH. Part V discusses how the Supreme Court might address the issue of standing rights for those who view private lands they have no right to enter. Keywords: circuit; court; d.c; decision; iii; plaintiffs; standing; u.s
• The Navigational Servitude: The Role of a Categorical Exception Within a System of Ad-Hoc Review by Monahan, Eileen (2019) - United States v. Cherokee Nation of Okla., 480 U.S. 700, 705 (1987) (“The Court did not rely on the particular use to which the private owners put the bed, but rather observed that their very title to the submerged lands ‘is acquired and held subject to the power of Congress to deepen the water over such lands or to use them for any structure which the interest of navigation, in its judgment, may require.’ United States v. 30.54 Acres of Land, 90 F.3d 790, 793 (3rd Cir. 1996) Keywords: compensation; court; federal; government; land; power; servitude; states; takings; u.s; united; united states
• Impossibility: A Viable Defense under the Clean Air Act? by Newcombe, George M. (2019) - The bar posed in section 307(b) (2) was found to be inapplicable since it operates only on issues which could have been reviewed in a section 307(b) (1) proceeding.1 8 It is submitted that the Buckeye court erred in rigidly con- struing the four month approval period to preclude any considera- tion of the feasibility of state emission standards by the Administra- tor. 179 hazardous source emission standards and existing source emission standards under a federally imposed implementation plan;127 fed- eral enforcement of state promulgated emission standards contained in approved implementation plans; 12 8 state enforcement of federally promulgated new, existing and hazardous source emission stand- ards; 129 and state enforcement of state promulgated emission stand- ards contained in an approved implementation plan.13 0 Keywords: act; administrator; air; air act; control; court; defense; economic; emission; emission standards; enforcement; f.2d; implementation; impossibility; plan; section; standards; state
• Landmarks Preservation and Tax-Exempt Organizations: A Proposal in Response to Lutheran Church by Kerr, John J. (2019) - It should be stated that the purpose of the legislation is to reconcile the policies of historic preservation and real property tax exemption in areas where there is potential for conflict. One must question the wisdom of placing real property tax exemptions in the Constitution without qualification, thus binding the hands of the legislators.189 Such a constitutional provision is justified only if no other legislative policy is as important. Keywords: church; city; court; historic; landmarks; landmarks preservation; law; lutheran; lutheran church; n.y.s.2d; new; owner; preservation; preservation law; property; public; purposes; tax; use; york
• Regulation of Municipal Solid Waste Through Taxation: the New York Recycling Incentive Tax by Gaba, Jeffrey M. (2019) - If, however, the finance administrator in his discretion believes that any such seller or supplier or retailer or other person is about to cease business, leave the state or remove or dissipate the assets out of which the tax, penalties or interest might be satisfied, and that any such tax, penalty or interest will not be paid when due, he may declare such tax, penalty or interest to be immediately due and payable and may issue a warrant immediately. b. Whenever the purchaser, transferee or assignee shall fail to give notice to the finance administrator as required by the preceding paragraph, or whenever the finance administrator shall inform the purchaser, transferee or assignee that a possible claim for such tax or taxes exists, any sums of money, property or choses in action, or other consideration, which the purchaser, transferee or assignee is required to transfer over to the seller, transferrer or assignor shall be subject to a first priority right and lien for any such taxes theretofore or thereafter determined to be due from the seller, transferrer or assignor to the city, and the purchaser, transferee or assignee is forbidden to transfer to the seller, transferrer or assignor any such sums of money, property or choses in action to the extent of the amount of the city's claim. Keywords: administrator; city; containers; court; finance; finance administrator; law; materials; new; new york; plastic; regulation; rit; state; tax; title; waste; york
• The Sherman Act and Land: The Interstate Commerce Requirement by Perry, William E. (2019) - In order to apply the Sherman Act to land, the criteria for meet- ing the interstate commerce requirement must be determined by looking at the two tests for Sherman Act jurisdiction: 96 the in commerce test, whether the violative act occurs within the flow of interstate commerce, and the substantial effect test,97 whether the local act(s) substantially affect interstate commerce. If the magnitude of the violation alone will not suffi- ciently affect interstate commerce and if intrastate transactions are involved, Sherman Act jurisdiction should still be found if the prof- its and/or assets from those transactions flow into interstate com- merce. Keywords: act; antitrust; cir; co.; commerce; court; effect; estate; f.2d; federal; inc; interstate; interstate commerce; jurisdiction; land; real; sherman act; states; supp; trade; transactions; u.s; united
• Judicial Attitudes Towards Legal and Scientific Proof of Cancer Causation by Tilevitz, Orrin E. (2019) - 120 The cigarette and other toxic substance cases suggest the kind of cancer cases likely to be litigated in the future. Likelihood of recovery in cancer cases brought in the future may depend on recognition by the courts that the trauma cases do not present a correct scientific model of carcinogenesis. 118. Keywords: cancer; cancer causation; carcinogen; cases; causation; cause; co.; compensation; court; evidence; exposure; future; injury; lung; medical; model; plaintiff; proof; recovery; testimony; trauma
• The Constitutionality of General Inspections Under the Occupational Safety and Health Act of 1970 by Meyers, Jeffrey W. (2019) - In two important de- cisions, the Supreme Court upheld warrantless inspections of a re- tail liquor dealer 23 and a gun dealer.24 In Almeida Sanchez v. United States,26 the Court invalidated a statute and regulations which authorized warrantless inspections of vehicles within a hundred miles of an international border by rov- ing patrols of the Immigration and Naturalization Service. Keywords: court; inspection; osha; safety; supp; u.s; warrant
• Coastal Land Preservation: Obstacles to Effective State Action by Pool, Daniel (2019) - Fortunately, there exists a legal basis for state coastal regulation which avoids the difficulties presented by court decisions in this area. [4: 254 zoning, it is doubly true of open space regulation, which must weigh not only the traditional concerns of zoners but the likelihood of the subtle and not so subtle damages that can be wreaked on the ecosystems of coastal land areas as well.64 In the course of undertaking the comprehensive inventory and evaluation of the state's coastal land resources necessarily incident to such data collection, a state may impose valid moratoria on de- velopment by denying permits without cause.6 5 By contrast, stat- utes which forego multiple land uses and impose a blanket pro- hibition cannot make such an imposition: if a private landowner successfully appeals the restrictions on his property, the state must either buy and condemn it or allow him to develop. Keywords: access; areas; coastal; court; land; law; public; regulation; state; trust; u.s; use; zoning
• Adamo Wrecking Company v. United States: When Is an Emission Standard Not an Emisson Standard? by Beach, Marilyn Broyhill (2019) - 23 Emphasizing that (1) sec- tion 307(b) applies only to emission standards, 24 and that (2) the Clean Air Act's complex inter-relationship between the imposition of criminal sanctions and judicial review of the Administrator's ac- tions cannot be equated to the simpler scheme considered in Yakus, 25 he concluded that Congress intended emission standards to be of a certain type and that the Administrator was not empow- 22. The fact that Congress dealt more leniently, either in terms of liability, of notice, or of available defenses, with other infractions of the Administrator's orders suggests that it attached a peculiar importance to compliance with emission standards. Keywords: act; administrator; air; court; emission; section; standard
• Air Quality Modeling: Judicial, Legislative and Administrative Reactions by Kramer, Bruce M. (2020) - Finally, extensive meteorological and topo- graphical data were required to add to the aforementioned data to be incorporated into air quality models for a region. The court held that predictive perfection was not required because of the relatively recent development of air quality models, and that the use of RAM and its figures, if conservatively applied, was not arbitrary, capricious or an abuse of 91. Keywords: administrator; air; air quality; amendments; cir; court; data; emissions; epa; f.2d; model; modeling; quality; sip; standards; texas; use
• Government Defendants in Nuisance Injunction Suits by Griffith, Jim (2020) - This need for a court (often guided only by vague standards) to rule against a government body on public policy constitutes the central problem in public nuisance law. The present thinking is that public nuisances result from illegal or unrea- sonable infringements on public rights. Keywords: action; conduct; court; defendant; federal; government; injunction; interest; law; nuisance; plaintiff; property; public; state; use
• Managing Flood Risk: Technical Uncertainty in the National Flood Insurance Program by Baram, Michael S.; Miyares, J. Raymond (2020) - plain have substantially altered the flood elevations; or (b) a simulated model or other detailed flood elevation study prepared at the community's expense has provided adequate data to determine what the revised flood elevations should be; or (c) a significant number of flood insurance claims have been paid for proper- ties located outside the special hazard area. One route is immediate protest of published notifications of flood elevation or of insurance rates. Keywords: agency; base; c.f.r; community; court; criteria; data; federal; fema; fis; flood; insurance; land; law; new; program; regulations; restudy; risk; supp; u.s.c; use
• EPA v. National Crushed Stone Association by Ryan, Ellen (2020) - B. Related Case Law Examination of related case law reveals why the EPA was foire- closed from totally withholding variances from the 1977 standards and provides insight as to the type of variance provision which was required. REP.-CASES (BNA) 1841, is the first evidence of a change in variance policy by the EPA. Keywords: bpt; court; epa; fwpca; plant; standards; variance
• Harrison v. PPG Industries: Proper Forum for Review of EPA Actions Under the Clean Air Act by Mewaldt, Jennifer R. (2020) - The amendment appears to have been motivated by Con- gress's desire to clear up ambiguities of venue over EPA actions of national rather than regional consequence. PPG argued that district courts could best provide prompt pre-enforcement review of EPA actions. Keywords: action; congress; court; epa; interpretation; ppg; review; section; u.s.c
• United States v. Ward: FWPCA Civil Penalty Prosecution, Not a Criminal Case for the Fifth Amendment by Grace, Manuel G. (2020) - The use of fines labelled as civil penalties has gained increasing attention recently as a means of substituting streamlined adminis- trative proceedings for the more cumbersome judicial proceedings which typify the criminal process.' The Administrative Conference of the United States has suggested that in- creased use of civil penalties may lead to greater administrative efficiency and in some cases to a better rendition of due process, since fewer cases will suffer from delay and forced settlement than in the criminal process. Keywords: civil; court; criminal; penalty; states; states v.; supp; u.s; united; united states; ward
• Denial of a Remedy: Former Residents of Hazardous Waste Sites and New York's Statute of Limitations by Feinberg, Deborah W. (2020) - There is a strong similarity between the Dobbins and LeVine ac- tions and hazardous waste site personal injury suits. Under New York law, however, these former residents are time-barred from bringing suit against the creators of the hazardous waste sites. Keywords: co.; court; date; discovery; exposure; injuries; injury; law; limitations; malpractice; new; rule; waste; york
• The Incomplete Complete Auto Transit Test: Commerce Clause Analysis in Commonwealth Edison Co. v. Montana by Santa Jr., Donald F. (2020) - This list of arguments for and against a congressionally imposed ceiling on state severance tax rates is by no m~ans exhaustive. In Complete Auto Transit, 430 U.S. at 279, the State of Mississippi cited a series of Supreme Court decisions for the propositions that the commerce clause was not intended to relieve interstate commerce of its just share of state tax burdens and that state taxes would be evaluated on the basis of their practical effect on interstate commerce rather than on the formal language of the tax statute. Keywords: coal; commerce; commonwealth; court; edison; interstate; montana; severance; severance tax; state; tax; taxes; test; transit; u.s
• San Diego Gas & Electric Co. v. City of San Diego: Blueprint for a New Terminable Inverse Condemnation? by Lindsay, Barbara B. (2020) - That situation would present the most direct analogy to the temporary takings case law Justice Brennan relied on.' [8:211 San Diego Gas & Electric v. San Diego This comment analyzes San Diego's contribution to the evolving law of land use regulation. Keywords: brennan; city; compensation; court; justice; regulation; remedy; san diego; taking; u.s; use; zoning
• Pursuit of the Public Trust: Beach Access in New Jersey from Neptune v. Avon to Matthews v. BHIA by Fellig, Thomas J. (2020) - 146 While the Public Advocate was not involved in the Neptune v. Avon decision, its goal of expanding public beach access rights and limiting municipal discretion falls squarely within the first view of public interest advocacy. Reasonableness will rest on the following factors: (1) location and extent of the dry sand area in relation to the wet sand; (2) extent and availability of public dry sand beach; (3) ex- tent of public demand; and (4) the use made of the dry sand beach by its owner. Keywords: access; beach; beach access; court; doctrine; jersey; law; n.j; new; new jersey; public; sand beach; trust; use
• Watt v. California: Supreme Court Sinks Consistency Review of Offshore Oil Leases by Ruffra, Peggy S. (2020) - In effect, the recent decision exempts Federal agencies from heeding State concerns over the impact of agencies' activities upon State coastal zones and coastal protection programs, while leaving unaffected the act's provisions for funding those worthwhile affected coastal programs. The SLA grants coastal states title to and ownership of' submerged lands within a three-mile coastal zone boundary, and specifies that states have the right and power to manage, administer, lease, develop, and use resources lo- cated within that boundary. Keywords: coastal; consistency; court; lease; ocs; oil; sale; section; state; zone
• Exposure to Hazardous Substances and the Mental Distress Tort: Trends, Applications and a Proposed Reform by Edwards, Frances L.; Ringleb, Al H. (2020) - But judges must realize that the causal relationships in mental injury cases can never be established with the clarity appropriate to physical injury cases. Section II shows how mental injuries caused by environmental pollutants do and do not fit the models. Keywords: cases; claims; co.; compensation; court; defendant; distress; exposure; fear; injuries; injury; latent; law; plaintiff; pollution; risk; tort
• Determining Compensation for Subsequent Use of Test Data Under FIFRA: A Value-Based or Cost-Based Standard? by Coll, Geoffrey H. (2020) - Determining Compensation for Subsequent Use of Test Data Under FIFRA: A Value-Based or Cost-Based Standard? INTRODUCTION Disagreement plagues the pesticide industry over the issue of data compensation.' The disagreement within the pesticide industry is reflected by the widely divergent views presented at a recent conference on data compensation held by the National Agri- cultural Chemical Association (NACA) in Washington, D.C. on September 11, 1985. Keywords: amendments; compensation; costs; court; data; epa; fifra; licensing; pesticide; stauffer; test; use
• Overview of Legal Issues Arising in the Development of Federal and State Appliance Efficiency Standards by Charo, R. Alta; Stearns, Lisa R.; Case, Michael (2020) - Thus, even under phased implementa- tion, state appliance energy efficiency standards may be subject to 107. Appliance efficiency standards should be distinguished from standards set on health and safety grounds. Keywords: ann; appliance; appliance efficiency; conservation; court; doe; efficiency; efficiency standards; energy; energy efficiency; federal; gas; herrington; law; new; provisions; standards; state; use; west
• Judicial Review Under the Superfund Amendments: Will Parties Have Meaningful Input to the Remedy Selection Process? by Friedman, William J. (2020) - Thus, in the context of arbitrary and capricious review of EPA remedy selection, analysis of remedial alternatives holds particular importance. Furthermore, because EPA remedy selection demonstrates the basic character- istics of an adjudicative fact determination, precedent states that a full adjudicatory proceeding should be provided in order to de- termine such facts: Experience has demonstrated that limited, controlled access to cross-examination will not unduly burden ad- ministrative proceedings such as the remedy selection process. Keywords: action; agency; cercla; court; cross; decision; epa; examination; judicial; law; parties; process; record; remedy; review; sara; selection; supp
• It's Not Just Compensation, It's a Theory of Valuation as Well: Valuing "Just Compensation" for Temporary Regulatory Takings by Rabin, Jay Harris (2020) - '16 In Schiavone Construction Co. v. Hachensack Meadowlands Comm. 117 the NewJersey Supreme Court also looked at the extent of dep- rivation of the beneficial use and the adverse economic impact on property value before it remanded the case to the trial court for a determination of the compensation award. B. Actual damages in Texas The Supreme Court of Texas has also recognized the right of property owners to be compensated for regulatory takings. Keywords: compensation; court; land; method; property; supreme; taking; u.s; use; value
• Contribution Under CERCLA: Judicial Treatment After SARA by Russo, Steven Baird (2020) - The Federal District Court for the Eastern District of Penn- sylvania in Chemical Waste Management v. Armstrong World Indus- tries,90 did not look favorably upon the use of the unclean hands doctrine to bar CERCLA liability actions. at 404-05. Contribution Under CERCLA the unclean hands defense in this context [CERCLA liability] would turn Congressional intent on its head. Keywords: action; cercla; contribution; court; equitable; f. supp; liability; section; states; united; waste
• Constitutional Rights as Property?: The Supreme Court's Solution to the "Takings Issue" by Looper-Friedman, Susan E. (2020) - Citing the Court's opinion in Ag/ns, he argues that in takings cases [w]e have required that the regulation 'substantially advance' the 'legitimate state interest' sought to be achieved, not merely that the State could rationally have decided the measure adopted might achieve the State's objective. Id. Justice Brennan disagreed that the standard in takings cases was different. Keywords: amendment; case; compensation; court; english; government; issue; land; power; process; property; public; regulation; state; taking; u.s; use
• The Evolving Meaning of Aesthetics in Land-Use Regulation by Karp, James P. (2020) - '26 Beginning slowly in the 1960's, state courts began to develop a new approach to aesthetics regulations. Two other landmark Supreme Court decisions further empha- sized the broad scope of the public welfare basis for regulation of land use under the police power. Keywords: aesthetics; beauty; city; co.; court; human; inc; land; law; n.e.2d; regulation; state; supreme; use; values
• Judicial Acquiescence in Large Lot Zoning: Is It Time to Rethink the Trend? by Ellenberg, Susan (2020) - Although it is unlikely that Nollan and First English will initiate a dramatic or abrupt reversal in the trend of present treatment of large lot zoning ordinances, the question arises whether such a reversal is even either desirable or warranted. s3 Other courts have been even less scrutinizing and have upheld large lot ordinances without articu- lating any standard that must be satisfied.32 Keywords: court; exclusionary; land; lot; minimum; new; ordinance; regulations; standard; zoning
• The Mental Culpability Requirements for Proof of Environmental Crimes in New York by Morrick, Clive I. (2020) - It argues that these provisions do not apply to New York's environmental crimes, with the result that developing federal law, which relaxes the requirements for proof of mental culpability, is applicable in New York state courts. When the commission of an offense defined in this chap- ter, or some element of an offense, requires a particular culpa- ble mental state, such mental state is ordinarily designated in the statute defining the offense by use of the terms intention- ally, knowingly, recklessly, or criminal negligence, or by use of terms, such as with intent to defraud and knowing it to be false, describing a specific kind of intent or knowledge. Keywords: court; criminal; culpability; law; n.y.s.2d; new; offense; penal; section; state; york
• Corporate Criminal Culpability: An Idea Whose Time Keeps Coming by Welks, Keith (2020) - 8 In a passing nod to policy considerations raised by the perva- sive influence of corporations, the Court presumed that the provi- sions of the Elkins Act imposing corporate criminal liability were a response to reports of the Interstate Commerce Commission that corporations had been evading liability for regulatory viola- tions as a result of the restriction of culpability to hapless corpo- rate employees. 25 These rulings are viewed by such commentators as indicative of the extremism that they believe characterizes the imposition of corporate criminal liability in American case law. Keywords: act; agent; conduct; corporation; court; doctrine; law; liability; mens; rea; waste
• Environmental Crimes: The Absence of "Intent" and the Complexities of Compliance by Locke, R. Christopher (2020) - In 1987, a new Environmental Crimes Section was added, with 23 prosecutors dedicated to criminal enforcement of environmental violations. 1 3 Few would dispute the importance of environmental protection or the use of criminal sanctions for environmental violations that are willful and intentional. Keywords: act; compliance; court; criminal; department; enforcement; hazardous; justice; rcra; states; united; violations; waste
• A Local Solution for a Global Problem: Technology-Forcing Municipal Ordinances to Promote Enhanced Efficiency Fertilizers by Shifren, Andrew (2022) - The Seventh Circuit, through a plain reading of the Wisconsin statutory definition of fertilizer, held that “the definition of both ‘pesticide’ and ‘fertilizer’ as including a mixture of the two preserves both state regulation of pesticides and local regulation of fertilizers. This Note then analyzes the history of ordinances that municipalities have passed in order to regulate certain products similar to nitrogen fertilizers. Keywords: city; court; eef; eef ordinance; eefs; fertilizer; industry; law; minnesota; municipalities; municipality; nebraska; nitrogen; ordinance; phosphorus; pollution; problem; regulation; state; u.s; use; water

• Resisting Static Inertia: A Statutory Framework for the Nuclear Regulatory Commission’s Authority over Private Nuclear Storage Licensing by Kubow, Grayson (2025) - This Note will begin by providing a background on the history and status of nuclear energy and spent nuclear fuel storage in the United States. The Third Circuit concluded that any risk of terrorism would be neither a direct nor indirect effect of the NRC’s action.91 Finally, for the avoidance of doubt, the court found that the NRC had already considered the risk of terrorist attacks and con- cluded that the effects of a terrorist attack would be “no worse” than the effects of other accidents.92 Of note, the most recent generic anal- ysis on nuclear waste storage found that the probability of a terrorist attack was “small” but also “unquantifiable. Keywords: act; aea; authority; circuit; energy; fuel; fuel storage; license; licensing; material; nrc; nuclear; nwpa; policy; power; private; section; site; site storage; snf; snf storage; states; storage; waste
• Encouraging Historic Preservation Through the Federal Tax System: The Tax Reform Act of 1976 by Bennett, Mary (2019) - The depre- ciation deduction provided under section 167 shall be allowed, beginning with the first month as to which the amortization deduction does not apply, and the taxpayer shall not be entitled to any further amortization deduction under this section with respect to such certified historic structure. First, the category of certified historic structures clearly applies only to commercial properties, including those used for rental purposes. Keywords: act; amortization; certification; depreciation; district; historic; preservation; property; provisions; rehabilitation; section; structure; tax; taxpayer
• Book Review by Bernstein, Marc D. (2020) - Melnick moves from court decision to bureaucratic implementation and then seeks to retrace the steps to uncover the true sources of the problems. He seems to recognize this shortcoming, emphasizing that the length of each story merely indicates how long it can take for the full impact of court decisions to appear (p. 22). Keywords: act; agency; air; courts; epa; melnick; policy
• Investor Response to Lead-Based Paint Abatement Laws: Legal and Economic Considerations by Gilligan, Michele; Ford, Deborah Ann (2020) - The Secretary of Health, Education and Welfare, in consultation with the Secretary of Housing and Urban Development, shall take such steps and impose such conditions as may be necessary or appropriate - (1) to prohibit the use of lead based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form, after the date of enactment of this Act. 3 43 Investors who have abandoned their property may blame forced lead abatement. Keywords: abatement; act; ann; blood lead; childhood lead; children; code ann; cost; federal; health; housing; hud; investor; law; laws ann; lead; lead level; lead paint; lead poisoning; level; paint; paint poisoning; prevention; property; rev; stat; supp; supra note; west
• The Extraterritorial Application of Section 7 of the Endangered Species Act by Blum, Henry J. (2020) - In 1986 the Secretaries of the Inte- rior and Commerce 5 promulgated regulations reversing their longstanding rule that the consultation requirements of section 7 of the Act apply to federal agency actions abroad 6 as well as ac- tions within the United States. Part V of the Note argues that facially, sections 4 and 7 of the Act support application of the consultation requirements to federal agency actions abroad and part VI demonstrates how the legislative history of sections 4 and 7 further supports this conclu- sion. Keywords: act; agency; endangered; secretary; section; species
• Law’s Disaster: Heritage at Risk by Bronin, Sara (2021) - Unfortunately, as demonstrated by a 2016 study further discussed below, fewer than half of all states address historic preservation in their hazard mitigation plans, and only half of state historic preservation plans address natural hazards in a significant way.62 A handful of states have achieved somewhat greater coordination in pursuit of these important goals. This Article argues that historic places desperately need the protection of legal reforms at the intersection of disaster law and historic preservation law before they succumb to flame, water, wind, or the earth itself. Keywords: 46cjel_bronin_489_website; act; buildings; disaster; flood; governments; hazard; historic; law; mitigation; national; places; planning; preservation; properties; recovery; resources; sites; standards; state

• Sink or Swim: In Search of a Model for Coastal City Climate Resilience by Adams-Schoen, Sarah J. (2019) - Thus, a number of New York City initiatives, as well as their underlying planning processes, provide excellent models for regional, county and sub-county level resilience planning efforts. As a result of climate-related factors and land subsidence, sea level in New York City has risen 1.1 feet since 1900, approximately 1.2 inches per decade—a rate that is nearly two times the global average.100 According to NPCC2, an ongoing body established by New York City law to regularly update and report on region-specific climate data and projections, sea level rise is projected to accelerate as the century progresses, rising in New York City 11 to 21 inches by the 2050s, 18 to 39 inches by the 2080s, and as much as 6 feet by 2100 (over average 2000–2005 levels).101 available at http://onlinelibrary.wiley.com/doi/10.1111/nyas.12591/epdf Keywords: 40:3; action; adaptation; areas; building; cities; city; city climate; climate change; codes; columbia; data; development; emissions; energy; flood; force; ghg; global; governments; green; increase; initiatives; journal; law; level; lwrp; mitigation; n.y.c; new york; nyc; planning; planyc; public; reduction; report; resilience; rise; sandy; sea; sink; state; storm; supra note; sustainability; task; urban; use; vol; waterfront; york city
• Is There Space for Environmental Crimes Under International Criminal Law? The Impact of the Office of the Prosecutor Policy Paper on Case Selection and Prioritization on the Current Legal Framework by Mistura, Alessandra (2019) - [Vol. 43.1 the criminal liability of an individual arising from the breach of a rule of international environmental law; and (iii) the liability of the State arising from the breach of a rule of international environmental law, whether customary or treaty-based.10 Of these three options, only the second would seem viable to serve as a foundation of the ICC’s jurisdiction over environmental crimes. For the most part, international environmental law delegates the criminal protection of the environment to the State parties to multilateral 169. Keywords: art; article; convention; crimes; d. art; damage; definition; destruction; environment; genocide; icc; international; jurisdiction; law; policy; prosecution; respect; rome; rome statute; state; statute; supra note
• State Power Yields to Supertankers: Ray v. Atlantic Richfield Co. by Ryan, Patricia D. (2019) - 5 The Tanker Law was an attempt to regulate the design, size, and move- ment of oil tankers, both enrolled and registered in Puget Sound and adjacent waters.6 On the day that the law became effective, Atlantic Richfield Company (ARCO)7 filed suit in federal district court challenging the constitutionality of the statute and seeking an injunction against its enforcement. 90 Secretary Adams then issued a Puget Sound Interim Navigation Rule prohibiting entry of oil tankers in excess of 125,000 DWT into the United States waters of Puget Sound east of Discovery Island Light and New Dungeness Light. Keywords: law; oil; puget; puget sound; rosario; sound; state; strait; tanker; traffic; u.s.l.w; vessel; waters
• Book Review by Molinet, Robert T. (2020) - In an era of large agricultural surpluses, concerns over the loss of agricultural land may appear overstated. Relatively few state cases have specifically reviewed govern- mental programs -that regulate the use of agricultural land on constitutional takings standards. Keywords: analysis; farmland; land; prof; redfield; state; use

• Como-Falcon v. Department of Labor: The Role of Public Hearings and Socio-Economic Impacts in Determining Whether NEPA Requires an EIS by Boche, Janet (2020) - After the court imposed the injunction, Labor compiled the administrative record on which it based its original negative assessment of environmental impact and conducted a sup- plemental study. [6: 165 Como-Falcon v. Dept. of Labor and all types of potential environmental impacts be considered by the agency involved. . . . Keywords: cert; cir; coalition; eis; environment; f.2d; falcon; labor; u.s

• Tackling the Tenure Problem: Promoting Land Access for New Farmers as Part of a Climate Change Solution by Scrufari, Carrie A. (2019) - WRLF is a land trust that has been dedicated to preserving open spaces for future generations since 1986 and promotes projects involving land conservation and affordable housing. Because purchasing land at such prices is often not an option, most new farmers choose to lease the land they farm. Keywords: access; agriculture; change; climate; community; conservation; conservation easement; don; easement; family; farm; farmers; farming; food; ground; james; land; land trust; law; lease; llc; new; olivia; property; purchase; tenure; trust; use; value
• Going with the Flow: Marketing Instream Flows and Groundwater by Anderson, Terry L.; Leal, Donald R. (2020) - The time has come to make the marketing of instream flows possible by allowing the private es- tablishment and enforcement of instream flow rights. Initially this doctrine made sense when applied to commerce on navigable rivers and coastlines, but its extension to instream flows and to recreational access 2 are only likely to generate more conflicts with diversion uses and reduce incentives to leave water instream. Keywords: flows; groundwater; instream; market; rights; system; use; water
• Perceived Problems in the Application of Risk Assessment Analysis by Highland, Joseph H. (2020) - He has frequently been involved in the preparation of risk assessments and has served as an expert witness on risk assessment in many toxic tort cases. An earlier version of this paper was prepared for a symposium on risk assessment presented by the Environmental Law Committee of the Association of the Bar of the City of New York, on February 14, 1988. Keywords: assessment; exposure; process; risk; uncertainties; use
• Atmospheric Intervention? The Climate Change Crisis and the Jus ad Bellum Regime by Martin, Craig (2020) - While international climate change law may provide the basis for determining that a state is recklessly and flagrantly in violation of the norms grounding international efforts to address the crisis, the severity of the crisis is in part due to the legal regime’s failure to sufficiently mobilize compliance with its terms. MARTIN-MACRO-041820 (DO NOT DELETE) 4/29/20 12:26 AM 362 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 45:S that international climate change law is mobilizing compliance to the extent that will be necessary for the international community to successfully respond to the mounting crisis. Keywords: action; arguments; attack; bellum; bellum regime; change law; climate change; climate rogue; columbia; consequences; contributions; council; crisis; defense; doctrine; emissions; force; ghg; harm; international; intervention; journal; jus; law regime; macro-041820; martin; obligations; peace; principle; regime; risk; security; security council; self; states; supra note; threat; u.n; use; vol
• Squashing the Beef: Why American Animal Rights Advocates Should Start Liking Jewish and Islamic Law by Saeed, Samier (2022) - SARRA TLILI, ANIMALS IN THE QURAN 30–33 (2015) (describing at a very high-level the attitudes of Jainism and Buddhism towards animals). Professor Sarra Tlili, who has done much work to illuminate Islam’s historical attitude towards animals, states that any system of law or morality must determine two things when it comes to animals: first, the legal and moral status non- human animals should have; second, what, concretely, the human obligations towards them should consist of.18 The former inquiry is 17See, e.g., Animal Welfare, HUMANISTS UK, https://humanism.org.uk/campaigns/public-ethical- issues/animal-welfare/ [https://perma.cc/3T3M-FWWX] (last visited Apr. 23, 2022); see also Brian Klug, Ritual Murmur: The Undercurrent of Protest Against Religious Slaughter of Animals in Britain in the 1980’s, in JUDAISM & ANIMAL RIGHTS, supra note 4, at 114, 134 (describing how British animal rights organizations employed rhetoric against mostly Muslim, but also Jewish, religious slaughter that was indistinguishable from that of neo-Nazis). Keywords: american; animal rights; animals; columbia; cruelty; hadith; human; hunting; interests; islamic; jewish; journal; judaism; killing; law; legal; muslim; pain; property; rules; schochet; scholars; slaughter; status; supra note; use; vol

• Book Reviews by Wirth, David A. (2020) - Within these limits, the authors attempt to deal with a number of broad and complicated issues arising in the relatively new field of toxic chemical regulation, including hazard assessment and testing, notification requirements as a prerequisite for a substance's entry into commerce, and regulation of established hazards. The treatment of many issues may be so concise as to be impenetrable to a reader previously unfamiliar with the area of toxic substance regulation. Keywords: chemicals; public; regulation; tsca
• Book Review by Jump, Alice (2020) - Sax acknowledges that the demand for planned resort facilities is both large and legitimate; he just wants to prevent national parks from catering to it and thus perverting their true purpose. In particular, the energy realities of the future may make Sax's dream of pristine national parks essen- tially irrelevant. Keywords: park; preservationist; public; recreation; sax
• The Politics of Garbage: The Influence of the Political Process on the Construction of a Refuse-to-Energy Plant by DelBello, Alfred B. (2020) - Public officials cannot determine on their own that a refuse-to- energy plant is going to be built in a community. If public officials of the recipient jurisdiction some day decide no longer to accept the solid waste of outside communities, an ex- porting community which relies heavily on disposing of its waste outside its own borders faces a dilemma of crisis proportion. Keywords: county; energy; garbage; plant; public; refuse; waste

• Legislating Cost-Benefit Analysis: The Federal Water Pollution Control Act Experience by Baum, Jonathan K. (2020) - While most of the circuits have felt constrained to remind the agency that BAT costs must be reasonable, those relying on Senator Muskie's statement have as much as said that any consideration EPA cares to give to BAT costs is reasonable. 2 1 Despite the use of identi- cal cost consideration language for BPT and BAT in the House bill, the House committee report recognized that costs for [BAT] may be much higher than that for the application of [BPT]. ' Keywords: agency; analysis; bat; benefit; bpt; cir; cost; effluent; epa; f.2d; language; muskie; reduction; technology; test
• The 1984 RCRA Amendments: Congress As A Regulatory Agency by Mugdan, Walter E.; Adler, Bruce R. (2020) - Congress also ratified with relatively minor adjustments a controversial set of EPA regulations concerning the Prevention of Significant Deteriora- tion of Air Quality. Some other wastes, by contrast, are classified as hazardous under EPA regulations only if their source can be identified, or if the manner in which they became wastes is known. Keywords: amendments; code; cong; congress; epa; facilities; facility; news; oil; permit; pub; rcra; section; stat; status; u.s.c; waste
• A Federal Perspective on Waste Minimization by Folkerts, Cynthia; Eby, Elaine (2020) - Congress, aware of the need to reduce hazardous waste, made waste minimization a national priority in the Hazard- ous and Solid Waste Amendments of 1984: Since each industrial site is unique, no simple formula can describe how waste minimization should be conducted in every plant. Keywords: epa; minimization; program; waste
• Risk Assessment and the Interface Between Science and Law by Goldstein, Bernard D. (2020) - B. Conservatism in Risk Assessment One implication of the inherent conservatism in risk assessment is that the inevitable consequence of most scientific advances re- lated to the assessment of risk for individual chemicals is to lower the calculated risk. Risk Assessment and the Interface Between Science and Law Bernard D. Goldstein* INTRODUCTION In 1983 two events occurred which provided a major impetus to the use of risk assessment as a distinct tool in the regulation of hazardous chemical and physical agents. Keywords: approach; assessment; epa; law; process; risk; risk assessment; science; scientists; truth
• Bersani v. EPA Toward a Plausible Interpretation of the 404(b)(1) Guidelines for Evaluating Permit Applications for Wetland Development by Wendel, Heidi (2020) - Considering this provision of the Act, a mediate ap- proach would require permit applicants to accept a reasonably- determined upper bound measure of the adverse impact of their proposed fill project on social values. The Guidelines do not contemplate search by the government for practicable alternatives as a matter of standard procedure in the case of every permit application. Keywords: alternatives; analysis; applicant; approach; corps; developer; epa; guidelines; permit; site; wetland

• Book Reviews by Rosenblatt, Arnold; Davis, Bret (2020) - Dr. Williams, an at- torney with U.S. Arms Control and Disarmament Agency, and Dr. Deese, a research fellow at the Center for Science and Interna- tional Affairs (and author of the recently published Nuclear Power and Radioactive Waste1 ), highlight four principal issues that gen- erally arise in determining feasibility of spent fuel programs: (1) economic feasibility; (2) the availability of storage facilities to accomplish the objectives of the proposed plan; (3) whether prolif- eration of nuclear arms would be retarded; and (4) whether ar- rangements for final disposition of spent fuel are clearly estab- lished beforehand. It essentially calls for the use of regional storage centers that would house spent fuel generated by many nations. Keywords: decisions; fuel; irland; nations; policy; preservation; reactor; soviet; storage; wilderness

• A Legislative History of the Comprehensive Environmental Response, Compensation and Liability ("Superfund") Act of 1980 by Grad, Frank P. (2020) - Com- pounding this problem are a shortage of cleanup resources and in- sufficient legal remedies for collecting-from owners of abandoned or inactive hazardous waste sites. 1 ' Congresswoman Schroeder and Congressman Florio held a collo- quy evidently to establish that the bill would treat radium tailing sites as hazardous waste sites for purposes of the Act. Keywords: 1480; bill; committee; cong; daily; daily ed; h.r; law; liability; rec; section; senate; sess; u.s.c; waste

• Climate Adaptation and Land Use Governance: The Vertical Axis by Kaswan, Alice (2019) - Climate Adaptation and Land Use Governance 391 392 C J E L [Vol. 39.S 2014] Climate Adaptation and Land Use Governance 393 394 C J E L Keywords: climate

• Sales of Federal Fuel Resources: Achieving "Fair Market Value" by Thurston, M. Alice (2020) - The OCSLAA, section 18(a)(4), requires that leasing activities be conducted to assure receipt of fair market value.' 0 Neither act defines the term fair market value. In commenting on the program promul- gated by Secretary Andrus, the office of the Solicitor of the Interior under Secretary Watt noted that: [I]n the past, the Department has performed resource economic evaluations prior to lease sales to identify high bids which were below fair market value. Keywords: coal; development; fmv; gao; government; land; lease; leasing; market; market value; resources; sale; secretary; value; watt

• Speciation: An Essential Tool for the Environmental Control of Inorganic Chemicals in Water by Riesenburger, FranklinJ J. (2020) - The graph notes toxicity LD 5 0 in milligrams/kilograms for arsenite (inorganic com- pound form at + 3), arsenate (inorganic compound form at + 5) and cacodylic acid and sodium methanearsonate (organic compound form at + 5). On the basis of that review, DEP issued an Administra- tive Consent Order which established new interim standards based upon and reflective of the genicities of organic compound forms actually present at a given site. Keywords: arsenic; chemicals; compound; drinking; element; forms; health; inorganic; speciation; standards; water
• Source Reduction of Toxic Waste: Implications for Western Water Policy by Boronkay, Carl (2020) - In the arid west, the primary impacts of water quality policies will be on the economics and politics of supplying water to a rap- idly growing population. The fu- ture impact of toxic wastes on water supplies is highly uncertain and the subject of considerable concern to water suppliers. Keywords: california; chemicals; groundwater; reduction; source; waste; water

• Book Review by Rus, Thomas R. (2020) - But since system accidents develop from unforeseen interactions of component failures, system operators must be free to take independent and creative action. In light of his view that tight coupling and complexity make some accidents unavoidable, and since nuclear accidents may have catastrophic results, Perrow concludes that nuclear technology, whether used in the production of energy or in weap- ons systems, should be abandoned (p. 304). Keywords: accidents; nuclear; party; perrow; risk; safety; systems; victims
• Equity Participations and Lender Liability Under CERCLA by Malloy, Robin Paul (2020) - The same understanding of lender liability was articulated in the recent case United States v. Fleet Factors Corp., 29 Env't Rep. Cas. (BNA) 1011 (S.D. Ga. 1988). The traditional making of a loan in return for interest should pose no risk of lender liability under CERCLA unless either the Mary- land Bank (ownership by foreclosure) or Mirabile (exercising man- agerial control) circumstances obtain. Keywords: cercla; equity; estate; interest; lender; liability; loan; market; mortgage; ownership; property; rate; return; risk

• The New York City Landmarks Preservation Law As Applied to Radio City Music Hall by Rosensaft, Menachem Z. (2020) - The Factual Context The interior of Radio City Music Hall fully qualifies as an inte- rior landmark under the New York City Landmarks Preservation Law. [5: 316 Radio City Music Hall ant to this agreement, U.D.C. was to provide financial support for Radio City, and R.C.I., in turn, was to lease the Music Hall to a non-profit subsidiary of U.D.C. set up for the express purpose of operating the theater. Keywords: central; city; hall; landmarks; law; music; new; new york; penn; preservation; property; r.c.i; radio; radio city; york

• Barking up the Right Tree: Recent Progress in Focusing the Toxics Issue by Roe, David (2020) - Proposition 65 demonstrates that innovation in the design of toxics control laws can have major effect in resolving issues of scientific and policy debate and accelerating the transition to enforceable law. 19881 282 COLUMBIA JOURNAL OF ENVIRONMENTAL LAW [Vol. 13:275 (MWD) of Southern California, which is one of the nation's larg- est municipal water suppliers and which has no current role in toxic chemical policy or toxics control law enforcement. Keywords: control; incentives; law; reduction; source; toxics; waste

• Reforming the Forest Service by O'Toole, Randal (2020) - Be- cause Forest Service timber sales represent only about ten per- cent of the wood consumed in the U.S., this decrease would have 51. Forest Service budgets are programmed several years in advance and presume that the overhead will be available each year. Keywords: board; feet; forest; forest service; management; national; reforestation; sale; service; timber; value

• Book Review by Clarke, Jennifer R. (2020) - It was Boston's collective disinterest in the space program, manifested by the meager attendance at a speech on the subject, that inspired Ben Bova to write THE HIGH ROAD, a manifesto for the continued use of space technology. Ulti- mately, he asserts, as a matter of faith that space technology will lead to greater individual freedom and permit humans to escape the concentration of power of corporations. Keywords: book; bova; space; technology; treaty; wealth

• Board of Editors by CJEL Editorial Board (2018) - Vol Columbia Journal of Environmental Law SCHOOL OF LAW, COLUMBIA UNIVERSITY Vol. 43 2018 No. 2 BOARD OF EDITORS 2017–2018 Joseph Rausch Editor-in-Chief Senior Executive Editor Sahand Farahati Executive Editors Peter Kanellias Thomas Waldron Senior Submissions Editor Grace R. Krasnerman Submissions Editors Del Johnson Jonathan M. Knowles Production Editor Maia Hutt Managing Editor Christine J. Chen Senior Articles Editor Lee Rarrick Articles Editors Brian Fetterolf Luke Rushing Vita Vivek Notes Editor Pat Maguire STAFF Elena Bader Jason Bressler Samuel Glassman Evan Goldsher Ashley Gregor Mitchell Hokanson Alanna Horan Cameron Jones Radhika Kannan Tyler Krenek Jennifer Lee Satoru Nagano Samuel Niiro Akosua Owusu-Akyaw Daniel Resler Sabina Schmid Jett Stearns Charles Sucher Melissa Verne Victoria Xie Columbia Journal of Environmental Law Keywords: editor; law
• Board of Editors by CJEL Editorial Board (2017) - Alexander Steinberg Senior Submissions Editor Lauren Packard Submissions Editors Eli Keene Matthew Scarano Production Editor Michael Linneman Managing Editor Patrick Chen Senior Articles Editor William Bolgiano Articles Editors Christian Benante Joseph Klemme Notes Editor Christian Termyn Field Reports Editor Anthony Fares STAFF Christine J. Chen Zhuo Chen Sean Coburn Sahand Farahati Brian Fetterolf Trevor Gopnik Lynne Howard Leon Huang Peter Kanellias Grace Krasnerman Peter Lu Patrick Maguire Alessandra Mistura Lee Rarrick Joseph Rausch Seung Wook Son Marc Jia Renn Tan Thomas Waldron Zoey Xuan Wu Columbia Journal of Environmental Law Vol Columbia Journal of Environmental Law SCHOOL OF LAW, COLUMBIA UNIVERSITY Vol. 42 2017 No. 2 BOARD OF EDITORS 2016–2017 Channing Jones Editor-in-Chief Senior Executive Editor TJ Herron Executive Editors Michael Lehr Carole Rosenberg Keywords: editor; law
• Board of Editors by CJEL Editorial Board (2016) - Isa Julson Editor-in-Chief Senior Executive Editor Brian Palumbo Executive Editors Jameyson Price Natalie Youkel Notes Editor Julia Bedell Senior Submissions Editor Jeffrey Hammons Submissions Editors Nolan Thomas Alan Wong Managing Editor & Production Editor Leo Oppenheimer Senior Articles Editor Gregg Badichek Articles Editors Josh Brown Surbhi Sarang Field Reports Editor Solomon Rotstein STAFF Jonathan Allen Christian Benante Irene Blumberg William Bolgiano Thomas Bredar Elizabeth Brody Chiemaka Chukwu Esmeralda Colombo Tony Fares Thomas Herron Channing Jones Eli Keene Joseph Klemme Michael Lehr Michael Linneman Lauren Packard Carole Rosenberg Vol Columbia Journal of Environmental Law SCHOOL OF LAW, COLUMBIA UNIVERSITY Vol. 41 2016 No. 1 BOARD OF EDITORS 2015–2016 Keywords: editor; law

• Examining Tribal Environmental Law by Warner, Elizabeth Ann Kronk (2019) - http://energy.gov/science-innovation/energy-sources http://www.geoenergy.org.citations/ http://www.cocopah.com/ http://www.fmitepa.com/ http://www.havasupaitribe.com/ http://www.havasupaitribe.com/ http://itcaonline.com/?page_id=1162 http://hualapai.org/ http://www.kaibabpaiutetribal.com/ http://www.kaibabpaiutetribal.com/ http://www.navajo.org/ http://www.pascuayaqui-nsn.gov/ http://www.saltriver.pima-maricopa.nsn.us/ http://www.saltriver.pima-maricopa.nsn.us/ http://www.sancarlosapache.com/home.htm http://www.sancarlosapache.com/home.htm http://itcaonline.com/?page_id=1181 http://www.wmat.nsn.us/ http://www.ypit.com/ http://www.ypit.com/ http://www.fortpecktribes.org/ http://www.fortpecktribes.org/ http://www.blackfeetnation.com/ http://www.crowtribe.com/govt.htm http://www.ftbelknap.org/ http://www.cheyennenation.com/ http://www.tuscaroras.com/cayuganation/ http://www.oneida-nation.net/ http://www.sni.org/ http://www.shinnecocknation.com/ http://www.familysearch.org/learn/wiki/en/Tonawanda_Band_of_Seneca_Indians_of_New_York http://www.familysearch.org/learn/wiki/en/Tonawanda_Band_of_Seneca_Indians_of_New_York http://www.astribe.com/ http://www.alabama-quassarte.org/ http://www.caddonation-nsn.gov/ http://www.cherokee.org/ http://www.c-a-tribes.org/ http://www.chickasaw.net/ http://www.chickasaw.net/ http://www.choctawnation.com/ http://www.potawatomi.org/ http://www.comanchenation.com/ http://www.delawaretribe.org/home.htm http://www.delawaretribe.org/home.htm http://delawaretribe.org/tribalsite/ http://www.fortsillapache-nsn.gov/ http://www.iowanation.org/ http://www.iowanation.org/ http://www.kawnation.com/ http://digital.library.okstate.edu/encyclopedia/entries/K/KI001.html http://www.kickapootribeofoklahoma.com/ http://www.kiowatribe.org/ http://www.miamination.com/ http://www.modoctribe.net/ http://www.muscogeenation-nsn.gov/ http://www.osagetribe.com/ http://www.omtribe.org/ http://www.omtribe.org/ http://www.pawneenation.org/ http://www.peoriatribe.com/ http://www.ponca.com/118837.html http://www.quapawtribe.com/ http://www.quapawtribe.com/ http://sacandfoxnation-nsn.gov/ http://sno-nsn.gov/ http://www.sctribe.com/ http://www.shawnee-tribe.com/government.htm http://www.keetoowahcherokee.org/ http://www.keetoowahcherokee.org/ http://www.wichitatribe.com/ http://www.infoplease.com/spot/aihmcensus1.html http://www.infoplease.com/spot/aihmcensus1.html Keywords: http://www.havasupaitribe.com/

• Reforming “The Blob”: Why California’s Latest Approach to Amending CEQA Is a Bad Idea by Mackey, Katherine V. (2019) - http://www.bizjournals.com/sanjose/print-edition/2012/10/12/misuse-of-ceqa-law-calls-for-revamp.html?page=all http://www.bizjournals.com/sanjose/print-edition/2012/10/12/misuse-of-ceqa-law-calls-for-revamp.html?page=all http://landuselaw.jmbm.com/2013/09/last-minute-ceqa-bill-brings-significant-changes-for-major-infrastructure-projects-and-projects-with.html http://landuselaw.jmbm.com/2013/09/last-minute-ceqa-bill-brings-significant-changes-for-major-infrastructure-projects-and-projects-with.html http://www.courts.ca.gov/documents/W14-02.pdf http://healthpolicy/ http://www.pacbiztimes.com/2012/12/14/editorial-dont-let-ceqa-rule-out-renewable-energy-projects/ http://www.pacbiztimes.com/2012/12/14/editorial-dont-let-ceqa-rule-out-renewable-energy-projects/ Keywords: http://landuselaw.jmbm.com/2013/09/last-minute-ceqa-bill-brings-significant-changes-for-major-infrastructure-projects-and-projects-with.html

Epilogue

For more detail, about this study carrel, see the computed home page. For more detail about study carrels in general, see the read me file.

Created: 2025-12-24