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Opting In to Regionalization: Why the Risks for Western States Are Low

This Article assesses key risks to state authority that could arise from regionalization: federal jurisdiction may interfere with state clean energy policy, restrict states’ control over in-state energy resources, and preempt state law. The Article analyzes each of these risks in the context of Western regionalization and concludes that none ... (read more)

Who Owns Climate Litigation Awards?

This Article illustrates how the fragmentation of global climate harm into individual lawsuits, in which each local government seeks damages for its own mitigation and adaptation costs, could lead to a “first-sue, first-served” climate finance regime. This Article explores the benefits and risks of this litigation effort, the responsibilities of ... (read more)

What if We Understood What Animals Are Saying?: The Legal Impact of AI-Assisted Studies of Animal Communication

This Article explores the burgeoning fields of artificial intelligence and bioacoustics and their potential to reshape nonhuman animal law. (read more)

The Unexpected Implications of Sackett v. EPA on Water Quantity Allocations in the Arid West

This article takes a unique perspective on how the Supreme Court’s recent decision in Sackett v. EPA, which further restricted the scope of waters covered by the Clean Water Act, will impact water quantities in the arid West. (read more)

What's New

Global Warming Tort Litigation: The Real “Public Nuisance”

ELQ Journal

September 15th 2008

Theodore J. Boutrous, Jr. and Dominic Lanza * [ jump to end/comments ][ download PDF ] Climate change litigation is booming. The past five years have witnessed a proliferation of global warming lawsuits brought under an array of novel legal theories. This article focuses on the subset of global warming ...

Integrating Land Use and Transportation Policy in California: The Legislature’s Response

ELQ Journal

September 15th 2008

Dave Jones * [ jump to end/comments ][ download PDF ] The Challenge Accelerated climate change is the preeminent environmental and economic issue of our time. Unless we change course now, it will be the preeminent issue for the next generations also. Recognizing the situation, the Legislature passed Assembly Bill ...

Introduction

ELQ Journal

April 11th 2008

William M. Chamberlain * [ jump to end/comments ][ download PDF ] Once again, Boalt Hall’s Ecology Law Quarterly is breaking new ground in the provision of timely and useful legal analysis on environmental topics. We are pleased to introduce Ecology Law Currents, an online journal that will provide the ...

Licensing the Rebirth of Nuclear Power: A Primer

ELQ Journal

April 11th 2008

Tyson Smith * [ jump to end/comments ][ download PDF ] Introduction In 2007, the nuclear industry took the first steps toward a second generation of nuclear construction in the United States. Starting with a partial application in July 2007 for a new unit in Maryland, and followed by complete ...

Resolving the Spent Fuel Issue for New Nuclear Power Plants

ELQ Journal

April 11th 2008

Fred Bosselman * [ jump to end/comments ][ download PDF ] In the United States, opponents of new nuclear power plants argue that no new plants should be built until we are prepared to bury the spent fuel from power plants in a permanent storage facility.[1] In my opinion, it ...

The Externalities of Nuclear Power:First, Assume We Have a Can Opener . . .

ELQ Journal

April 11th 2008

Karl S. Coplan * [ jump to end/comments ][ download PDF ] Introduction The nuclear power industry has latched on to global warming as an argument for its renaissance. Although even industry proponents acknowledge that the problem of disposing of spent nuclear fuel remains unsolved, the industry routinely assumes this ...

Relative Risk: Global Warming and Imported Fossil Fuels vs. Nuclear Power

ELQ Journal

April 11th 2008

California State Assemblyman Chuck DeVore * [ jump to end/comments ][ download PDF ] Understanding relative risk is at the heart of America’s current debate over a revival of nuclear power. “Nuclear power is dangerous,” say the critics. “Dangerous compared to what?” should be the reply. Commenting in early 2007, ...

Greenhouse Gas Emissions under CEQA – Costs and Opportunities

ELQ Journal

April 11th 2008

Peter V. Allen * [ jump to end/comments ][ download PDF ] The recent enactment of SB 97[1] has codified the California Attorney General’s argument that increased greenhouse gas emissions and their effects constitute an environmental impact that must be considered by a permitting agency under the California Environmental Quality ...

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201 Issues
800+ Authors
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