{"title":"The Offshore Grid: The Future of America's Offshore Wind Energy Potential","authors":"B. Fox","doi":"10.15779/Z384S1J","DOIUrl":"https://doi.org/10.15779/Z384S1J","url":null,"abstract":"As the United States moves toward the increasing integration of renewable energy sources, an examination and analysis of the country‘s failure to develop its offshore wind resources is essential. Such a failure is incongruous with the United States‘ world-leading status in renewable energy innovation and is particularly troubling given the abundance of offshore wind resources along densely populated U.S. coastal states that lack other renewable energy alternatives. First, this Note will establish the importance of offshore wind as a renewable energy resource and examine major barriers to its development. Second, an examination of the Atlantic Wind Connection transmission project will demonstrate the important role offshore transmission may play in jumpstarting the U.S. offshore wind industry. Third, this Note will survey approaches adopted by other states and regions to develop transmission infrastructure to deliver disparate sources of renewable energy. Last, this Note will identify best practices from previous transmission approaches to identify where future offshore transmission projects would be most effective and identify the types of policies necessary to spur offshore wind energy development.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"651"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67400719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ethical Climate Change Policy and the Individual Moral Challenge","authors":"M. Covington","doi":"10.15779/Z389C4Z","DOIUrl":"https://doi.org/10.15779/Z389C4Z","url":null,"abstract":"The Moral Challenge of Dangerous Climate Change by Professor Darrel Moellendorf examines the moral values policy makers should consider when crafting international climate change policy.1 The book is written from a moral philosophy perspective, and one might wonder what philosophy can contribute to a conversation about policy. Yet as Moellendorf explains, climate change policy inherently concerns values, and values lie at the core of moral philosophy.2 The term “values” indicates an evaluation or explanation of worth and is used in this broad sense throughout this review.3 For example, allocating responsibility for climate change mitigation and adaptation between rich and poor countries is fundamentally a moral evaluation of fairness. Moellendorf’s work, which addresses various issues like poverty, the economics of future climate change costs, and sustainable development, is largely a success.4 By providing a thorough moral analysis of the policy implications of internationally agreed upon concepts, Moral Challenges is a valuable addition to the growing body of climate change scholarship. Moellendorf’s analysis largely focuses on the principles contained in the 1992 United Nations Framework Convention on Climate Change (UNFCCC).5 The UNFCCC is an international environmental treaty that provides a framework","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"521"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67433415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bell v. Cheswick: The Era of Court-Regulated Power Plants","authors":"I. Pfister","doi":"10.15779/Z38Q29R","DOIUrl":"https://doi.org/10.15779/Z38Q29R","url":null,"abstract":"Bell v. Cheswick was a 2012 class action suit brought against GenOn Power Midwest, L.P. in the U.S. District Court for the Western District of Pennsylvania. Property owners in Springdale, Pennsylvania alleged that GenOn’s local generating station’s emissions caused tortious pollution that affected their homes and property. The district court found for the defendant. The case was appealed to the Third Circuit, which reversed and held for the plaintiffs. Specifically, it ruled that the Clean Air Act does not preempt state law tort claims brought by private property owners against a source of pollution located within the state. This Note compares and contrasts the cases that laid the foundation for the Third Circuit’s holding. Previous similar claims have failed and succeeded in ways that created a template to avoid preemption and bring a successful nuisance action. The Springdale residents’ tort claims against the local generating station successfully followed that template and creates a guide for future plaintiffs. This Note outlines that guide, and argues state common law tort claims are an essential means of controlling local pollution that the statutory framework of the Environmental Protection Agency often fails to address.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"437"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67531227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EPSA v. FERC - the End of Wholesale Demand Response?","authors":"Justin Gundlach","doi":"10.15779/Z38186W","DOIUrl":"https://doi.org/10.15779/Z38186W","url":null,"abstract":"Flipping on a light switch calls upon the electric grid for power, and the grid responds by supplying it—a supply response. A demand response reverses this relationship: the end user changes her electricity usage in response to a price change or in return for compensation. One form of demand-side participation, economic demand response, involves specifying a baseline for a particular end user‟s electricity consumption at a particular time, then compensating reductions in consumption below that baseline. If such reductions‟ volume and timing are precise enough for dispatch, operators of the bulk power system can use them in much the same way as additional generation or transmission resources—meaning that demand response can substitute for power plants and transmission lines, often more cheaply. The Federal Energy Regulatory Commission, pushed demand response forward in 2011 with Order 745, which set compensation levels for wholesale demand response. The D.C. Circuit pushed back with the 2014 decision, Electric Power Supply Association v. Federal Energy Regulatory Commission, which ruled that, with Order 745, the Commission had impermissibly crossed the jurisdictional dividing line laid down by the Federal Power Act of 1935 between the Commission and state electricity sector regulators. The Supreme Court then granted certiorari and has heard argument over—but not yet decided—whether the Commission has jurisdiction to issue Order 745. This Article describes demand response before addressing what the Commission can do to promote demand response in the aftermath of an adverse Court decision. It proposes an ambitious answer: the Commission should insist that wholesale market participants support demand response, and it should","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"699"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67376145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Unwilling and Unable: Judicial and Administrative Responses to the Asian Carp Threat in the Great Lakes","authors":"Sabira Khan","doi":"10.15779/Z38B87D","DOIUrl":"https://doi.org/10.15779/Z38B87D","url":null,"abstract":"In 2012, Congress passed the Stop Invasive Species Act, which directed the Army Corps of Engineers to submit an action plan outlining ways to prevent the transfer of Asian Carp from the Missouri Basin into the Great Lakes. However, the Corps’ actions have proved ineffective, and the Asian Carp creep closer to the Great Lakes. In light of this, the Great Lakes states filed a public nuisance suit against the Corps for failing to prevent the transfer of Asian Carp. This Note considers whether public nuisance litigation or administrative action is better suited to prevent the spread of the Asian Carp.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"263"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67440048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"WildEarth Guardians v. Jewell: The Need for Regulations Directing Agencies to Consider the Impact of Their Decisions on Global Climate Change","authors":"Taylor Ann Whittemore","doi":"10.15779/Z38J28M","DOIUrl":"https://doi.org/10.15779/Z38J28M","url":null,"abstract":"Coal mining in the Wyoming Powder River Basin is a major contributor to climate change.1 As of 2003, it was the largest source of coal in the country and was responsible for over a third of coal mining nationwide.2 Currently, the largest coal mine in the country operates within the “Wyoming portion of the Powder River Basin.”3 In WildEarth Guardians v. Jewell, environmental groups challenged the leasing of federal land for further coal mining in the Wyoming Powder River Basin.4 Specifically, the groups challenged the Bureau of Land Management’s (BLM) leasing decision under the National Environmental Policy Act (NEPA).5 The environmental organizations alleged several procedural flaws in the Final Environmental Impact Statement (FEIS) for the leases, including its failure to adequately consider the impact of the leasing decision on global climate change.6 The D.C. Circuit held that the BLM did not need to consider the project’s impacts on global climate change because the alleged impacts were too speculative.7 Thus, plaintiffs’ challenge failed on the merits because the court found that the FEIS was sufficient.8 With growing concerns about the effects of global climate change, the court’s position is dangerous and goes against NEPA’s very purpose: to ensure","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"565"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67487309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Deepwater Horizon: Agency Reorganization and Appropriations in Offshore Oil Regulation","authors":"H. Carpenter","doi":"10.15779/Z38R28P","DOIUrl":"https://doi.org/10.15779/Z38R28P","url":null,"abstract":"This Note discusses the reorganization of the Minerals Management Service into the Bureau of Ocean Energy Management, the Office of Natural Resources Revenue, and the Bureau of Safety and Environmental Enforcement in the wake of the Deepwater Horizon oil spill, and raises potential constitutional challenges to the Secretary of the Interior’s ability to create the Minerals Management Service or to split it into three new agencies. The Note then discusses the funding of the Minerals Management Service through congressional appropriations and highlights the disadvantages of this funding approach, such as agency capture and inefficient agency reorganization. In light of this problem, the Note suggests that funding from industry may be a solution and describes how this funding scheme could help insulate the offshore drilling agencies from regulatory capture and eliminate needless agency reorganizations. Last, this Note presents a path forward for the Department of the Interior with respect to the structure of offshore drilling oversight agencies.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"181"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67537562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Foreword to the 2015-16 Annual Review","authors":"Eric Biber, Robert Infelise","doi":"10.15779/Z380K3Q","DOIUrl":"https://doi.org/10.15779/Z380K3Q","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"171"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67370437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"How to Save Our Wild Ones: Prioritizing Conservation under the ESA","authors":"Mae Manupipatpong","doi":"10.15779/Z385S29","DOIUrl":"https://doi.org/10.15779/Z385S29","url":null,"abstract":"Jon Mooallem‘s Wild Ones1 focuses on the survival of three conservationreliant species: the polar bear, the whooping crane, and the Lange‘s metalmark butterfly. Mooallem examines the taxing, time-consuming, and, in some cases, perpetual endeavor of keeping these species alive. As climate change exacerbates the threats they face, their survival depends on the Endangered Species Act‘s (ESA) ability to keep up with climate change modifications to habitat and food resources. Towards that end, the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively ―the Services‖) have proposed several changes to the definition of ―critical habitat‖ under the ESA.2 Unfortunately, these changes will not be sufficient on their own. Thus, this review argues that when implementing the ESA in the face of environmental stresses, the Services should distribute resources according to each species‘ relative importance in its ecosystem. This conservation approach will allow the government to save more species by prioritizing those whose survival is vital to many others. The species Wild Ones examines underscore the point: of the three, only the polar bear plays an important role in its ecosystem.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"527"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67407034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In Defense of the Clean Power Plan: Why Greenhouse Gas Regulation Under Clean Air Act Section 111(d) Need Not, and Should Not, Stop at the Fenceline","authors":"Eric Anthony DeBellis","doi":"10.15779/Z38GC53","DOIUrl":"https://doi.org/10.15779/Z38GC53","url":null,"abstract":"In the summer of 2014, the Supreme Court heard a challenge to the Environmental Protection Agency’s first-ever Clean Air Act regulation of greenhouse gases from “major” stationary sources like power plants and factories. In Utility Air Regulatory Group v. Environmental Protection Agency, the Court struck down the agency’s special definition of “major” sources for greenhouse gases and removed its broader authority to require permits based solely on greenhouse gas emissions. The Court thus limited the agency’s jurisdiction to sources that already require permits for conventional air pollutants—a category accounting for nearly all emissions the agency sought to regulate. Hence, the case hardly affected the agency’s new permitting program, but the Court’s reasoning raised a concern that may have broader implications. Writing for the majority, Justice Antonin Scalia voiced fears of regulatory overreach into the lives of common citizens engaged in innocuous behavior, proclaiming any regulation that could apply to owners of small, nonindustrial sources would face skepticism from the Court. These regulatory overreach concerns may arise again in a legal challenge to the agency’s largest greenhouse gas rule to date: a program to reduce energy sector emissions by 30 percent by 2030 known as the “Clean Power Plan.” After the Court’s decision, many commentators have asked whether the Clean Power Plan’s approach of regulating states’ energy sectors as a whole, including operations that take place “beyond the fenceline” of individual plants, will survive judicial review. Indeed, much of the debate over the Clean","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":"42 1","pages":"235"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}