Environmental Law

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

Articles from Vol. 43, No. 2, Spring

"Dancing Backward in High Heels": Examining and Addressing the Disparate Regulatory Treatment of Energy Efficiency and Renewable Resources
I. INTRODUCTION II. UTILITY REGULATION AND RATEMAKING A. The Regulated Utility B. Utility Rate Setting III. PARALLEL DEVELOPMENT: SEPARATE, BUT NOT EQUAL A. Energy Efficiency B. Renewable Resources IV. DANCING BACKWARD: DIFFERING...
Healthcare, Environmental Law, and the Supreme Court: An Analysis under the Commerce, Necessary and Proper, and Tax and Spending Clauses
I. INTRODUCTION II. BACKGROUND TO THE PPACA III. THE COMMERCE CLAUSE, SEBELIUS, AND ENVIRONMENTAL LAW A. A Brief Background of Commerce Clause Jurisprudence B. Sebelius and the Commerce Clause C. Sebelius, the Commerce Clause, and Environmental...
Putting the Dormant Commerce Clause Back to Sleep: Adapting the Doctrine to Support State Renewable Portfolio Standards
V. Challenging California's RPS and AB 32 Implementation Perhaps learning from the TransCanada litigation, California has strived to protect its renewable standards from constitutional invalidation by removing location classifications from its RPS....
Sustainable Energy Subsidies
I. INTRODUCTION II. THE IMPORTANCE OF SUBSIDIES IN A DISTORTED MARKET A. Climate Change, Externalities, and Fossil Fuels B. The Flawed Arguments of Subsidy Opponents 1. Fossil Fuel Subsidy Reforms Are Inadequate 2. The Electricity...
The Key Stone in the Carbon Tariff Wall: The Alberta Oil Sands and the Legality of Taxing Imports Based on Their Carbon Footprint
I. INTRODUCTION II. THE EUROPEAN UNION'S OIL SANDS PROPOSAL III. WHY BORDER TAX ADJUSTMENTS ARE PROPOSED IN CONJUNCTION WITH DOMESTIC CLIMATE POLICIES A. What Are Border Tax Adjustments? B. Production-Based Carbon BTAs Address Competitiveness ...