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Waste & Pollution

Aviation and Emissions Trading in the European Union: Pie in the Sky or Compatible with International Law?

Stephanie Switzer* [ Click Here to Comment ][ download PDF ] In 2003, the then European Community[1] adopted Directive 2003/87/EC, establishing a scheme for trading allowances of greenhouse gas (GHG) emissions.[2] Directive 2003/87/EC mandated the establishment of an emissions trading scheme (ETS) within the European Community “to promote reductions of greenhouse gas emissions in a

Seawater Desalination: Climate Change Adaptation Strategy or Contributor?

Angela Haren Kelley* [ Click Here to Comment ][ download PDF ] While droughts and water supply challenges have plagued California for decades, climate change will increase the strain on California’s water management system.[1] Seawater desalination—the process of removing salt and other minerals from seawater—is often hailed as the solution to the state’s water supply

Clean Water Act Liability for Stormwater Discharge Regardless of Who Muddied the Waters

Yana Welinder[*] [ Click Here to Comment ][ download PDF ] Introduction Regulating pollution from stormwater that flows over structures and paved surfaces, collecting waste and sediments and ultimately spilling into rivers and oceans, can be a true “administrative nightmare.”[1] However, on March 10, 2011, the Ninth Circuit clarified that, when stormwater pollution cannot be

Jul 19, 2011

CERCLA’s Unrecoverable Natural Resource Damages: Injuries to Cultural Resources and Services

Sarah Peterman* [ Click Here to Comment ][ download PDF ] Introduction Confusion over what damages are recoverable as natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and other federal statutes abounds, giving credence to the oft-repeated phrase that “CERCLA is not a model of legislative clarity.”[1]