Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 40, No. 4, Fall

Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations
I. INTRODUCTION II. THE DESIGN OF FEDERAL CLIMATE CHANGE ADAPTATION POLICY A. Models of Adaptation Federalism B. Mitigation and Adaptation Compared C. Resolving the Tension Between Historic Tradition and Current Need III....
Ecosystem Services and the Clean Water Act: Strategies for Fitting New Science into Old Law
I. INTRODUCTION II. DEFINING POLICY SPACE FOR ADMINISTRATIVE REFORM III. STRATEGIES FOR INTEGRATING ECOSYSTEM SERVICES INTO EXISTING REGULATORY PROGRAMS IV. THE CLEAN WATER ACT A. Section 404 Dredge and Fill Program--The Direct Protection Approach B....
Federal Control of Greenhouse Gas Emissions
I. INTRODUCTION II. THE INTERNATIONAL LEGAL RESPONSE TO CLIMATE CHANGE A. Evolution of the Framework Convention on Climate Change B. The Weaknesses of the International Law Approach III. U.S. DOMESTIC LEGISLATIVE PROPOSALS A. H.R....
Is the Clean Air Act at a Crossroads?
I. INTRODUCTION II. A QUICK BRIEFING ON THE ACT III. THE ACT'S RECORD OF SUCCESS IV. IMPLEMENTING THE ACT: THE EXAMPLE OF OZONE V. GLOBAL WARMING AND THE CAA A. The Use of PSD B. The Ambient Air Quality Standard System 1....
Relational Integrity Regulation: Nudging Consumers toward Products Bearing Valid Environmental Marketing Claims
I. INTRODUCTION II. BUILDING A FRAMEWORK FOR RELATIONAL INTEGRITY REGULATION A. Recent Environmental Regulation Scholarship B. The Genesis of Relational Integrity Regulation III. PUBLIC AND PRIVATE ENVIRONMENTAL MARKETING CLAIM REGULATORY ...
Staving off the Climate Crisis: The Sectoral Approach under the Clean Air Act
I. INTRODUCTION II. THE CLIMATE CRISIS III. LEGISLATIVE GRIDLOCK on CLIMATE CHANGE IV. USING THE CLEAN AIR ACT TO ADDRESS CLIMATE CHANGE A. The Mobile Source Program B. The NSPS Program 1. Electricity Generation 2. Petroleum...
The Clean Air Act at a Crossroads: Turning 40, Confronting Climate Change
Twenty years after the last major amendments the Clean Air Act, the United States has much to consider. Management of these considerations could ultimately define the nation's success or failure in combating climate change. The challenges require not...
The Enforcement Challenge of Cap-and-Trade Regulation
I. INTRODUCTION II. THE IMPERATIVE OF ACCURATE EMISSIONS DATA A. The Compliance Equation B. Market and Environmental Integrity C. Incentives for Fraud III. OBTAINING ACCURATE EMISSIONS DATA A. Emission Monitoring Methods 1. Direct...