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Volume 37, Issue 7 — July 2007

Articles

Controlling Greenhouse Gas Emissions From Mobile Sources--Massachusetts v. EPA

by Arnold W. Reitze Jr.

Editors' Summary: The recent Supreme Court decision in Massachusetts v. EPA is predicted to have significant impacts on standing to sue, regulation pursuant to the CAA, and pending climate change cases. Arnold W. Reitze examines the Massachusetts v. EPA decision and its potential implications. In this Article, he describes the history of the litigation, the majority opinion and dissents from the Supreme Court Justices, and the decisions that EPA and Congress now face in light of this decision.

<i>Kelo</i>'s Legacy

by Daniel H. Cole

Editors' Summary: Rather than signaling the death of private property rights, as media and the public initially feared, the Supreme Court decision in Kelo v. City of New London ushered in an era of increased state and federal protection for private property. In this Article, Daniel H. Cole examines Kelo's repercussions for urban redevelopment. He begins with a description of the case, and then examines the resulting backlash from the media and public opinion, which decried the decision as unduly expanding eminent domain powers. He concludes with some thoughts on the implications of Kelo's legacy for legal theory and practice.

The Future of Technology Transfer Under Multilateral Environmental Agreements

by James Shepherd

Editors' Summary: A myriad of social, economic, and legal barriers stand in the way of transferring environmentally sound technologies from developed to developing countries. The international regime that could facilitate this transfer is, at the present time, nonbinding and vague. In this Article, James Shepherd explores the potential for technology transfer under multilateral environmental agreements. Using the United Nations Framework Convention on Climate Change and Montreal Protocol as case studies, he summarizes lessons learned and identifies the barriers standing in the way of technology transfer. He then focuses on the current role played by governments and industry, and he concludes with some suggestions to assist governments, private enterprise, and international organizations in facilitating transfer of environmentally sound technologies.

Law and Policy for Ecosystem Services

by Panel discussion

Editors' Summary: On February 21, 2007, the Environmental Law Institute hosted a seminar on law and policy for ecosystem services. After the moderator provided an overview of the challenges and opportunities for regulation of ecosystem services, the panelists shared their expertise on a range of topics surrounding this issue, including the Millennium Ecosystem Assessment, the economics of ecosystem services, differences between provisioning services and regulating services, and information and incentive programs for the private sector. Below is a transcript of the event. [Transcribed by ACE Transcription Service, Washington, D.C. The transcript has been lightly edited, and citations have been added, for ease of reading.]

Valuation of Impaired Property

by Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess

Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers. They then evaluate methods such as case studies, surveys, regression, and depreciation analysis, and conclude with some cautionary tales and recommendations.

Valuation of Impaired Property

by Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess

Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers. They then evaluate methods such as case studies, surveys, regression, and depreciation analysis, and conclude with some cautionary tales and recommendations.