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TSCA Reform: Information Confidentiality, Availability, and Sharing

Several key issues emerged as pivotal in ongoing efforts to reform the Toxic Substances Control Act (TSCA). Progress on these complex issues is central to the success of TSCA reform. To foster further discussion of these critical topics, ELI convened a series of issue-specific lunchtime webinars during the summer and fall of 2011 that provided a forum for focused dialogue among key players. On Oct.

Existence and Persistence: Preserving Subsistence in Cordova, Alaska

Ordinary existence in Cordova, Alaska, illustrates an extraordinary range of subsistence practice. Despite cataclysmic disruptions to include the arrival of whites and the Exxon Valdez Oil Spill, the practice continues to animate a self-reliant and pluralistic society with a distinct local identity. The National Historic Preservation Act (NHPA) of 1966 is up to the crucial task of protecting subsistence in Cordova.

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.