Category: Printed
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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The (Un)just Use of Transition Minerals: How Efforts to Achieve a Low-Carbon Economy Continue to Violate Indigenous Rights
Introduction For the last two decades, policy makers from around the globe have foreseen the need to derive and implement solutions to mitigate the effects of climate change. And the impetus for these solutions is confronting the world in real time. Recently the United Nations Secretary General referred to the Intergovernmental Panel on Climate Change…
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No Credit Unless You Show Your Work: How Judges Can Stop the Gaming of Climate Change Discount Rates in Federal Rulemaking
Introduction How should the federal government balance costs today against benefits a century from now? The question sounds highly abstract and philosophical, but federal agencies must distill the answer into one number: a discount rate. The number selected by federal agencies and subject to review by federal judges may determine the future habitability of Earth.…
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Securitization of Coal Plant Retirements: Implications for Just Energy Transitions
Abstract Climate change and its destabilizing effects are already here. Yet there is a chance to prevent even worse scenarios if carbon emissions can be quickly and drastically reduced, especially in the carbon-intensive energy sector. While the need to transition to low-carbon, renewable sources of energy is urgent, many legal, political, and economic barriers stand…