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EPA’s New Source Review Program: Time for Reform?

This Article examines the complex CAA program known as new source review (NSR), which affects virtually every major manufacturing facility and power plant in the United States. The NSR program provides important health and environmental benefits but has become a significant impediment to the growth and modernization of the U.S. manufacturing sector. Because of a new, more stringent air quality standard for ozone, the resulting changes in the NSR program may effectively prevent industrial development in some parts of the country.

Realizing China’s Paris Commitment to Addressing Climate Change: Challenges and Legal Solutions

Since 1990, China’s carbon emissions have increased 73% due to economic growth. Although China’s emissions per capita are only about one-fifth of those from the United States, China is the largest emitter in the world. China signed the Paris Agreement on April 22 and plans to decrease its carbon dioxide emissions by 18% in the second half of this decade, according to the Thirteenth Five-Year Plan. Against this background, this Comment explores two questions: (1) Is China’s existing legal framework sufficient to fulfill its new pledges?

ELI 2016 Corporate Forum: The Business of Water

As climate change alters global weather patterns and the earth’s population continues to grow and urbanize, water resources are poised to become an ever increasing catalyst for volatility, even in regions where water scarcity has not historically been an issue. Water law and policy is complex, varying regionally, country by country, and even within national borders.

Climate Drones: A New Tool for Oil and Gas Air Emission Monitoring

In recent years, the proliferation of commercial drone or unmanned aircraft system (UAS) applications in the United States has generated significant discussion and controversy among legal scholars and practitioners attempting to navigate this budding industry. The drone phenomenon is just starting to catch on in the area of environmental monitoring and enforcement.

Inefficient Efficiency: Crying Over Spilled Water

As the drought in western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less waterdemanding crops and state-of-the-art irrigation systems. However, these responses alone are insufficient to reduce water consumption if unaccompanied by changes in how the law defines and allocates water rights. This Article proposes a redefinition of water rights to ensure that changes in crops or irrigation techniques are socially efficient.

Pulling the Second Lever: Regulating Black Carbon to Combat Global Warming

Black carbon, a component of soot and the result of incomplete combustion, is one of the most climate-forcing substances in existence. While black carbon is currently unregulated internationally, the technology to substantially reduce emissions exists and is readily available to curb some of the worst sources and those most dangerous to human health. Black carbon’s short life in the atmosphere makes it a low-hanging fruit in the world of climate change reduction, and regulations to curtail it should be introduced immediately.

The Circular Economy: Regulatory and Commercial Law Implications

Many have put forward a vision for a “circular economy” that would not only conserve and recycle materials, but also contribute to new technological, financial, and environmental innovations. As this circular economy approach gains traction, adjustments to our system of regulatory and commercial law will be needed. For lawyers and their clients, the circular economy represents a new and important thought construct that will lead to legal frameworks better adapted to the 21st century.

Whose Coast Is It Anyway? Climate Change, Shoreline Armoring, and the Public’s Right to Access the California Coast

The public trust doctrine provides that a state holds its tidelands, submerged lands, and navigable waters in trust for the benefit of the general public. California has codified the principles of this doctrine through various statutes, including the California Coastal Act of 1976. However, as climate change drives increased sea-level rise and erosion along California’s coast, landowners have sought to protect their property with hard armoring structures that impede coastal access and cause the sea to swallow previously accessible public beaches.

China’s Air Pollution Rules: Compliance and Enforcement Lessons From Global Good Practices

In recent years, air pollution issues have received unprecedented public attention in China. Partly for this reason, the Chinese government has made significant efforts toward reducing air pollution. However, compliance and enforcement will be key to cleaning up the air in China and around the globe. This Article discusses seven specific challenges to achieving effective compliance with and enforcement of the air pollution rules in China. In this regard, global good practices can be useful references for the Chinese government and other stakeholders.