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The Privilege of a Spot Zoning Claim

This Article posits that spot zoning claims, as utilized today, effectively push harmful industries away from wealthier, whiter communities to frontline communities and explores the underlying implications of all spot zoning claim criteria to explain how land use practitioners and reviewing courts could curb these trends without violating stare decisis. (read more)

Public Engagement and Carbon Dioxide Removal

This Article evaluates the adequacy of public engagement with respect to overall carbon dioxide removal policies as well as the siting and operation of individual direct air capture and storage facilities. (read more)

Sending a Message: An Empirical Assessment of Responses to Punitive and Non-Punitive Compliance Messaging Strategies

This Article addresses the question of whether it is possible to persuade regulated individuals and entities to comply with law when they face vanishingly low odds of being the target of enforcement activity through a field experiment testing the relative efficacy of different messaging strategies in motivating compliance with under-enforced ... (read more)

Arbitrating Climate Transition: Coal Phase-Out and International Investment Law

This Article proposes to resolve the criticism that foreign coal investors’ use of international investment law to challenge coal phase-out measures is chilling climate action by suggesting a contextual interpretation of foreign investors’ legitimate expectations by taking into account the nature of climate transition. (read more)

What's New

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 ...

Would it be Unethical to Dump Radioactive Wastes in the Ocean? The Surprising Implications of the Person-Altering Consequences of Policies

ELQ Journal

April 11th 2008

Gregory Scott Crespi * [ jump to end/comments ][ download PDF ] Introduction Should we put all of our high-level radioactive wastes into ordinary steel barrels that have perhaps 200-year expected containment capabilities in salt water, and then dump them all into the depths of the Pacific Ocean and forget ...

Myths of the Nuclear Renaissance

ELQ Journal

April 11th 2008

Jim Harding * [ jump to end/comments ][ download PDF ] More than thirty years ago, my now-deceased colleague David Comey was asked to make a presentation before the annual meeting of the Atomic Industrial Forum, then the major trade association backing expansion of nuclear power worldwide.[1] He was asked ...

Submissions Guidelines

ELQ Journal

April 1st 2008

Ecology Law Currents welcomes submissions from academics, practitioners, policy makers, and students. Submissions should be on current environmental issues or cases. All submissions must be original, previously unpublished works and can be in the form of articles, essays, commentaries, or responses to articles published in ELQ. All pieces are searchable ...

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