Environmental Law

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

Articles from Vol. 43, No. 3, Summer

Blackouts and Oversupply or Regulatory Planning and Cooperation
I. INTRODUCTION II. JURISDICTION OVERVIEW A. The US Electric Production and Distribution System B. Development of Electricity Regulation 1. Regulated Versus Unregulated Utilities 2. Division of Regulatory Authority Between...
Case Summaries
1. Turtle Island Restoration Network v. U.S. Department of State, 673 F.3d 914 (9th Cir. 2012). Turtle Island filed suit against the United States Department of State (DOS), alleging that it failed to meet obligations under the National Environmental...
Case Summaries
10. Alcoa, Inc. v. Bonneville Power Administration, 698 F.3d 774 (9th Cir. 2012). Numerous entities and organizations throughout the Pacific Northwest filed petitions for judicial review of a direct power contract between Bonneville Power Administration...
Case Summaries
18. Grand Canyon Trust v. U.S. Bureau of Reclamation, 691 F.3d 1008 (9th Cir. 2012). The Grand Canyon Trust (Trust) (279) appealed the United States District Court for the District of Arizona's grant of summary judgment for the United States Bureau...
Greenbacks for Building Green: Does a Lender for Sustainable Construction Projects Need to Make Adjustments to Its Current Practices?
I. INTRODUCTION II. CONSTRUCTION LOANS A. Loss Exposures 1. Encumbrances on Real Property a. Theories of Title b. Mechanic's Dens c. Dens on Construction Loans i. Stop Notice or Trapping...
Ninth Circuit Review Editor's Note
I am very proud to present the 2012-2013 Ninth Circuit Environmental Review. This review contains twenty-nine summaries of Ninth Circuit Court of Appeals' decisions on environmental and natural resources topics, issued between March 2012 and March...
Reconciling the Carbon Market and the Human Right to Water: The Role of Suppressed Demand under Clean Development Mechanism and the Gold Standard
I. INTRODUCTION II. THE COMPLIANCE AND VOLUNTARY CARBON CREDIT SYSTEMS III. UNDERSTANDING THE THEORY BEHIND SUPPRESSED DEMAND A. Defining Suppressed Demand B. Suppressed Demand Carbon Accounting Approach for Household Water Treatment...
Saving Preemption in the Clean Air Act: Climate Change, State Common Law, and Plaintiffs without a Remedy
I. INTRODUCTION II. EXPLORING THE MAXIMUM REACH OF THE CLEAN AIR ACT A. Structure of the Clean Air Act: Regulatory Programs and Cooperative Federalism 1. Ambient Air Quality: Standards, Implementation of Standards,...
Scattered and Dissonant: The Clean Air Act, Greenhouse Gases, and Implications for the Oil and Gas Industry
I. INTRODUCTION II. REGULATION OF GHG UNDER THE PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM A. GHG as Air Pollutant and the Path of GHG Regulation under PSD 1. Massachusetts v. EPA 2. The Endangerment Finding, the Tailpipe...