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Issue

Volume 43, Issue 8 — August 2013

Comment(s)

The Layered Approach to Liability for Geologic Sequestration of CO2

by Fred Eames and Scott Anderson

Does the brief history of carbon capture and sequestration (“CCS”) teach that we need to make wholesale changes in liability rules to make sure people do it right, or that we need favorable economic conditions within a normal liability framework to get people to do it at all? The arguments of Professors Adelman and Duncan proceed from the former notion; we submit the latter.

Trends in Environmental Law Scholarship

by Linda K. Breggin, Jacob P. Byl, Lynsey R. Gaudioso, Seamus T. Kelly, and Michael P. Vandenbergh

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature.

The Balancing Act: A Comment on "A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?"

by Adam Schempp

In A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?, Prof. Barton Thompson addresses the significant challenge of substantive and geographic fragmentation in water management. He proposes using the characteristics of the Coastal Zone Management Act as a blueprint for greater integration of water management across the United States. This approach has promise; but the laws, interests, economics, politics, and practice surrounding freshwater are sufficiently dissimilar from those facing coastal management to raise questions as to its likelihood of success.

A Comment on "A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?"

by Bradley M. Campbell

Fragmentation, calcified in the media-specific nature of federal and state statutes, in the silo-by-silo regulatory approach of environmental and natural resource agencies, and in the arbitrary jurisdictional fiefs that begin in the committee structure of the U.S. Congress and radiate out through the budgets and missions of agencies, has long been the bane of sound environmental policy. Professor Thompson, in A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model, persuasively reminds us that this remains of particular importance in water-resource management. That said, I would question whether a new federal oversight role—whether in the form of Professor Thompson’s proposed “Sustainable Water Integrated Management Act,” or in some other form—would solve the current problem of fragmentation in water-resource policy.