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Tradable Standards for Clean Air Act Carbon Policy

EPA is in the process of regulating U.S. greenhouse gas (GHG) emissions using its powers under the Clean Air Act. The likely next phase of this regulatory program is performance standards under §111 of the Act for coal plants and petroleum refineries, which the Agency has committed to finalize by the end of 2012. Section 111 appears to allow use of flexible, marketbased regulatory tools.

Will NYSDEC’s Proposed Regulations Prevent the Potential Significant Adverse Impacts of Fracking?

This Article explains the fracking process, how it differs from previous gas drilling processes, and the significance that fracking may have for America’s and New York’s
energy needs. The Article identifies fracking’s most significant potential adverse impacts, and discusses DEC’s evaluation of those potential impacts and proposed mitigation. Finally, the Article briefly considers the legal issues relevant to a municipality prohibiting fracking in its zoning code.

Land Use Law and the Impulse From a Vernal Wood: The Mohonk Trust Case.

Over the course of David Sive's 55 years of practice, he describes the Mohonk Trust case as the most satisfying. In that case, heI was able to combine strategic skills gained from many years of litigating with a cause to which he had long been devoted, that of wild land preservation. The case provided an unusual, but in the authors' view, entirely apt, coupling of legal principles and English romantic poetry.

Toxic Substances Control Act Reform: Chemical Prioritization

Several key issues have emerged as pivotal in ongoing efforts to reform TSCA. Progress on these complex issues is central to the success of TSCA reform. As part of its ongoing series on TSCA reform priorities and challenges, on October 4, 2011, ELI convened a panel of experts to discuss reform related to prioritizing chemicals for regulation. The panel reviewed current EPA, state, and international initiatives for purposes of assessing the feasibility of various approaches.

A Holistic Policy Agenda to Promote Green Business: Reflexive Law Fills the Gap

How can environmental law and policy best promote green business? This is an important question. Yet, the mechanisms that scholars have suggested thus far—the market, technology-based rules, and outcomebased regulations—do not provide a satisfactory answer. None of them can successfully foster green business as companies practice it today. Reflexive law can fill this gap. Reflexive law refers to those laws and policies that push firms to engage in self-regulation. It can foster green business in ways that the other methods cannot.

China’s Energy Conservation and Carbon Emissions Reduction System: Development and Status Quo of the Regulatory and Institutional Framework

Recent literature describing climate change governance at the international level emphasizes the need for more comprehensive domestic action to reduce carbon emissions. To date, China’s voluntary carbon reduction schemes indicate a more centralized approach in collaboration at the ministerial level, but also suggest a piecemeal voluntary model at the local level. Fragmented climate change governance at the local level opens the door to develop laws and regulations to explore relevant theoretical positions and implementation in the field of carbon reduction.

When the Law Is Silent, Trespassers W . . . : Law and Power in Implied Property Rights

In the magical world of Winnie the Pooh, Piglet lives in a house signposted “TRESPASSERS W.” The golden silence that follows the W allows Pooh and his friends to wonder about the sign’s meaning, which Piglet insists honors his grandfather, Trespassers William. Piglet’s grandfather aside, silence in the law allows competing interpretations to arise and flourish in the realms of rhetoric, narrative, power, and politics.