Category: Printed
-
Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila Has Not Landed
“Cui bono?” Cicero As part of the radical transformation of the mineral regime of South Africa, the African National Congress (“ANC”) government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. The MPRDA not only vested mineral resources in the custody of the state but also provided for…
-
Reducing Emissions Through Renewable Energy: EU and U.S. Energy Policy Frameworks in the Age of Natural Gas
Calls to combat climate change are reaching deafening levels across the international community. Study after study shows the links between anthropogenic greenhouse gas emissions and the devastating effects on our planet’s changing climate. Catastrophic species loss, fundamental changes in ecosystems across the globe, and food and water scarcity forcing millions into poverty are…
-
Observer Participation in International Climate Change Decision Making: A Complementary Role for Human Rights?
Abstract Parties to the United Nations Framework Convention on Climate Change (“UNFCCC”) have acknowledged the need to further enhance the effective engagement of observer organizations as the UNFCCC process moves towards implementation of the Paris Agreement. This Article explores whether and how international human rights law could complement climate law to enhance observer participation…
-
Citizen Suits for Mobile Sources: Enforcement Against Incidents of Emissions Cheating
Introduction Section 203(a)(3)(A) and (B) of the Clean Air Act (“CAA” or “the Act”) contain provisions that prohibit tampering with any vehicle’s emission control device or installing a “defeat device” which would render the vehicle’s emission controls inoperative.[2] The Environmental Protection Agency (“EPA”) has been the primary authority for detecting such emissions…
-
When the Navajo Generating Station Closes, Where Does the Water Go?
Introduction In December 2019, the Navajo Generating Station (“NGS”) outside of Page, Arizona closed after nearly fifty years of operation. Commentary has focused on whether a new utility interest, or the Navajo Tribe itself, would take over operation of the plant. This Article, however, will examine what will happen to the 34,100 acre-feet of water…
-
Restoration of Protected Lakes Under Climate Change: What Legal Measures are Needed to Help Biodiversity Adapt to the Changing Climate? The Case of Lake IJssel, Netherlands
Introduction Lakes around the world are heavily impacted by climate change. Droughts, floods, higher water temperatures, changes in biodiversity, and even sea level rise all have an impact on freshwater lakes. In this Article, I look into the question of what legal measures are needed to protect lakes against these impacts with a focus…
-
Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila has Landed (Continued)
“Oh no, I see a darkness”[2]¥ As part of the radical transformation of the mineral regime of South Africa, the African National Congress government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. In a previous contribution, the transitional provisions of the MPRDA were discussed within…
-
Political Accountability and Judicial Review in the Context of Climate Change Regulation
Introduction In the absence of comprehensive climate change legislation, federal agencies are left to use the regulatory tools granted to them by existing environmental laws to address the challenges posed by greenhouse gas (“GHG”) emissions and climate change. These laws, including the Clean Air Act (“CAA”), the National Environmental Policy Act (“NEPA”), and…
-
Federal vs. State Jurisdiction Over Net Metering Rates
Introduction Net energy metering (“NEM”) is an important tool used by states to promote residential solar energy and accelerate the transition to a low-carbon economy. In simple terms, NEM is an electricity billing method that credits commercial or residential photovoltaic (“PV”) system owners for the electricity they provide to the grid.[2] The net metering rate…
-
Community Choice Aggregators, Biomass Energy, and California’s Just Transition: A Case Study of AB 843 and Responsible Biomass Procurement Principles
Introduction On September 23, 2021, California Governor Gavin Newsom signed twenty-four historic bills focused on climate and clean energy efforts, drought, and wildfire preparedness.[3] Included within that slate of bills was Assembly Bill (“AB”) 843, which allows Community Choice Aggregators (“CCAs”) to submit eligible bioenergy projects to the California Public Utilities Commission (“CPUC”) for cost…