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LATEST PRINT

Destabilizing Environmental Regulation: The Trump Administration’s Concerted Attack on Regulatory Analysis

Occasionally during his presidency, Donald Trump has suggested that he cares deeply about clean air and water, even as he expresses deep skepticism about climate change. But the specifics of Trump’s deregulatory approach tell a different story. The Trump administration has undertaken a series of regulatory moves to weaken the analytical foundation for clean air and water regulations. These moves seek to eliminate or undercut precisely those regulations that bring the biggest health benefits. The clean air regulations under the Clean Air Act, which account for the overwhelming majority of all quantified and monetized benefits of all federal regulation, are under significant threat.

Mar 12, 2021

Detecting Corporate Environmental Cheating

As evidenced by the Volkswagen diesel emissions scandal, corporations cheat on environmental regulations. Such scandals have created a surge in the academic literature in a wide range of areas, including corporate law, administrative law, and deterrence theory. This Article furthers that literature by focusing on one particular area of corporate cheating—the ability to learn of the cheating in the first place. Detecting corporate cheating requires significant information about corporate behavior, activity, and output. Indeed, most agencies have broad statutory authority to collect such information from corporations, through targeted records requests and inspection.

Mar 10, 2021

Foreword

We are honored to introduce Ecology Law Quarterly’s 2019–20 Annual Review of Environmental and Natural Resource Law. Now in its twenty-first year, the Annual Review is a collaborative endeavor by students and faculty. But the greatest contribution to the Annual Review is made by the editorial board and members of Ecology Law Quarterly (ELQ). ELQ continues to be the leading journal in the field because of their passion and commitment. Three students deserve special recognition: Kaela Shiigi, Emily Miller, and Katie Sinclair devoted a substantial portion of their final year of law school to assisting and advising the student authors. This Annual Review is infused with their talent and insights.

Feb 16, 2021

The PURPA Haze: Clearing the Way for PURPA Implementation in a Changed Energy System

The Public Utility Regulatory Policy Act was passed in 1978 to protect the U.S. electricity supply under the shadow of fuel insecurity and a looming energy crisis. In 2020, the need to mitigate climate change through reducing greenhouse gas emissions, along with the need to adapt to new extreme weather and climatic realities, pose the greatest challenges and threats to the U.S. electricity grid. The Public Utility Regulatory Policy Act has been only moderately successful in supporting the development of small renewable generators; however, a different implementation framework could make the Act a strong, effective tool for supporting the transition to the renewable and resilient electricity we need. In this Note, I argue that small, distributed storage and renewable generation are a cost-effective and efficient way to both transition to clean generation and make the grid more resilient against climate-based threats. I then explain why the Public Utility Regulatory Policy Act has not been widely successful as currently implemented and why the Federal Energy Regulatory Commission’s October 2019 proposal for revising its regulations under the Public Utility Regulatory Policy Act misses the mark. Finally, I propose two different regulatory frameworks for making the Act work in today’s climate change reality.

Feb 16, 2021
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LATEST CURRENTS

Networked Federalism: Subnational Governments in the Biden Era

Subnational governments, working with non-governmental advocates, drove climate action during the Trump administration while rebuffing federal rollbacks. Under the Biden administration, focus may initially shift towards the federal government, but the subnational network is critical to continued progress on climate change. I use the term “networked federalism” to describe how a horizontal, interconnected, and polycentric collection of states, local governments, Tribes, and advocates provides the resilient frame needed to buttress national action. Indeed, this structure mirrors the successful structure of the Paris Agreement —in which international action depends on subsidiary national contributions. A networked, federalist system of subnational climate action will be critical to continuing success, and should be nurtured and expanded. In this article, I discuss barriers to federal climate action under the Biden administration, trace the important role of subnationals in the climate movement, and lay out a policy agenda for strengthening subnational networks over the next four years.

Exploring Prospects for Environmental Justice as the EPA Reaches the Half-Century Mark

As the U.S. Environmental Protection Agency turns 50, the federal government remains a laggard on environmental justice. We offer three forward-facing remedies to provide more just outcomes for environmental justice communities through the legal system: refocusing criminal enforcement efforts to prioritize environmental justice communities, further conceptualizing environmental justice communities as victims of crime in the legal system, and expanding the use of crime victim compensation targeted at environmental justice communities. These remedies will ensure that environmental justice communities are better protected from harm and will provide opportunities to better compensate victims.

Dec 07, 2020

Easing Off the Gas: Efficient and Equitable Policy for Passenger Vehicle Emissions Reduction

There are various public policy approaches to addressing passenger vehicle carbon emissions. In this article I review three possible approaches: raising emissions standards; alternative fuel vehicle subsidies; and congestion charging zones. I propose a set of criteria for evaluating these different policies, and apply those criteria to the three policies. I conclude that a combination of increased passenger vehicle emissions standards and subsidies for alternative fuel vehicles represents the best policy approach.

Oct 26, 2020

Smart Grids Need Smart Privacy Laws: Reconciling the California Consumer Privacy Act with Decentralized Electricity Models

The California Consumer Privacy Act (CCPA) grants strong privacy rights, including allowing a consumer to opt out of the sale of her information to third parties, and to request that a business delete her information from its records. At the same time, the electricity industry is transitioning towards a decentralized distribution scheme, where electricity providers use consumer information and blockchain technology to improve energy efficiency. The CCPA is problematic to this shift in electricity distribution in two ways.

Aug 18, 2020
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Ecology Law Quarterly, one of the nation’s most respected and widely read environmental law journals.