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Corporate Renewable Energy Goals: What Does “100% Renewable” Really Mean?

There is a movement among companies to use more renewable energy and less energy obtained from fossil fuels. Some are pledging to go “100% renewable,” while many others have set goals to rely on substantial percentages of renewable energy. In addition to setting these goals, many companies report on how much renewable energy they currently use, and convey this information in annual sustainability reports or in publicly issued statements and news releases.

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered.

Planning for the Effects of Climate Change on Natural Resources

Climate change has important implications for the management and conservation of natural resources and public lands. The federal agencies responsible for managing these resources have generally recognized that considerations pertaining to climate change adaptation should be incorporated into existing planning processes, yet this topic is still treated as an afterthought in many planning documents. Only a few federal agencies have published guidance on how managers should consider climate change impacts and their management implications.

Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations. The NNSA Act, enacted in the wake of allegations of spying at Los Alamos nuclear weapons laboratory in New Mexico, established a semi-autonomous agency within DOE—the National Nuclear Security Administration (NNSA). The NNSA operates nine laboratories and facilities within the U.S. nuclear weapons complex.

The Never Ending Story: The Constitutionality of Superfund's Retroactive Liability Regime

Since the enactment of Superfund in 1980, critics of the statute's liability regime have been relentless in their attempts to convince courts that Superfund liability is so unfair as to be unconstitutional. While their persistence has produced only minor changes in the liability regime, their cause may have been given a lift by the U.S. Supreme Court's 1998 decision in Eastern Enterprises v. Apfel.

<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower courts are prone to overbroad applications of Garamendi because the Court assumed the presence of three elements when it developed the standard for executive foreign affairs preemption of state law: (1) formal source law; (2) nexus to a foreign entity; and (3) indication of intent by the executive to preempt the state law under challenge.

Regulation of Radiological and Chemical Carcinogens: Current Steps Toward Risk Harmonization

Editors' Summary: Until recently, the regulation of chemical carcinogens and the regulation of radiological carcinogens developed independently. Different governmental agencies operating under different statutory directives were responsible for addressing the dangers from these carcinogens. As a result, different policies and practices were developed. This Article explores these differences and the record on resolving them. It first examines the history of federal regulation of chemical and radiological carcinogens and summarizes EPA's approach to risk assessments for them.

Implied Private Causes of Action and the Recoverability of Damages Under the RCRA Citizen Suit Provision

Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs from responsible parties under federal and state hazardous waste laws. RCRA is one such law; however, RCRA §7002 does not explicitly provide for recovery of damages. A court faced with a RCRA §7002 citizen suit to recover cleanup costs must imply a private cause of action for damages. This Article addresses the availability of a private cause of action for damages under RCRA §7002.