Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Citizen-Friendly Approaches to Environmental Governance

Editors' Summary: Numerous commentators have urged that government increase opportunities for citizen participation as a way to advance a variety of public policy goals (enhancing government legitimacy, promoting more informed government decisions, etc.). In this Article, David L.

Time to Get Real: The Necessity of Legal Accountability for Responsible Transnational Commerce

Editor's Summary: Guaranteeing a greener, more humane, transnational commerce will require new approaches from government, international bodies, civil society, and corporations. The challenges posed by national sovereignty, corruption, and the traditional business model have made greening the worldwide supply chain difficult to accomplish. In this Article, Richard Reibstein examines these challenges and proposes ways in which they might be addressed.

Energy and Environmental Tax Changes in the Flood of Recent Federal Revenue Laws and What They Imply

Editor's Summary: In the United States, the need for independence from foreign oil and gas sources, a desire for more domestic production to meet the growing demand for oil and gas, and an interest in reducing pollution from hydrocarbon usage has influenced many recent developments in federal tax legislation. In this Article, Richard A. Westin summarizes this recent legislation in an attempt to discover what direction Congress seems to be moving with regard to energy and the environment.

Legal Ramifications of Revisions to Executive Order 12866

Editors' Summary: On March 2, 2007, the Environmental Law Institute held a seminar on the legal effects of President George W. Bush's revisions to Executive Order No. 12866. Panelists shared their expertise on a variety of topics surrounding the issue, including: the substance of the revisions; the cumulative impact of executive review; and the current state of Chevron deference. Below is a transcript of the event.

Controlling Greenhouse Gas Emissions From Mobile Sources--Massachusetts v. EPA

Editors' Summary: The recent Supreme Court decision in Massachusetts v. EPA is predicted to have significant impacts on standing to sue, regulation pursuant to the CAA, and pending climate change cases. Arnold W. Reitze examines the Massachusetts v. EPA decision and its potential implications. In this Article, he describes the history of the litigation, the majority opinion and dissents from the Supreme Court Justices, and the decisions that EPA and Congress now face in light of this decision.

<i>Kelo</i>'s Legacy

Editors' Summary: Rather than signaling the death of private property rights, as media and the public initially feared, the Supreme Court decision in Kelo v. City of New London ushered in an era of increased state and federal protection for private property. In this Article, Daniel H. Cole examines Kelo's repercussions for urban redevelopment. He begins with a description of the case, and then examines the resulting backlash from the media and public opinion, which decried the decision as unduly expanding eminent domain powers.

The Future of Technology Transfer Under Multilateral Environmental Agreements

Editors' Summary: A myriad of social, economic, and legal barriers stand in the way of transferring environmentally sound technologies from developed to developing countries. The international regime that could facilitate this transfer is, at the present time, nonbinding and vague. In this Article, James Shepherd explores the potential for technology transfer under multilateral environmental agreements.

Alternative Fuels: An Evaluation of Corn Ethanol, Cellulosic Ethanol, and Gasoline

Editor's Summary: Alternative fuels such as ethanol are taking center stage as the United States searches for environmentally friendly sources of energy that will reduce dependence on foreign oil. Both the Energy Policy Act of 2005 and President Bush's "Twenty in Ten" plan express a commitment to ethanol. In this Article, Jocelyn D'Ambrosio compares ethanol fuels with gasoline. She evaluates each fuel's ability to reduce greenhouse gas emissions, its net energy balance, and its potential effect on future innovation.

E-Discovery: An Environmental Professional's Guide

Editor's Summary: The e-discovery rules promulgated last December, now endorsed by several states, are sweeping in scope and have the potential to change the course of litigation. In this Article, Brian Wm. Higgins summarizes the major e-discovery requirements of interest to environmental professionals, including lawyers, managers, consultants, and information technology staff. Using a hypothetical case as an example, he provides a practical guide for navigating and complying with the new rules.

California, Climate Change, and the Constitution

Editors' Summary: Climate change, like many environmental challenges, is a global problem requiring local solutions. While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states are taking steps to reduce the carbon footprints of their industries and citizens. In this Article, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta, Christopher H. Schroeder, and Neil S. Siegel describe the climate change policies proposed by one such U.S. state: California.