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China's Corporate Environmental Credit System

In 2014, the central government of China announced a plan to create by 2020 a corporate environmental credit system (ECS), an incentive mechanism to deter companies’ environmental violations and promote a culture of environmental law compliance. The ECS was to be implemented at the provincial level, and by the end of 2020, all 31 provinces, provincial-level municipalities, and provincial-level autonomous regions (collectively “provinces”) of mainland China, with the exception of Beijing, had either published their own corporate environmental credit regulations or adopted in practice or

A Cool Climate Strategy: Pairing HFC Reduction and Energy Efficiency

When establishing regulations under the Kigali Amendment and the American Innovation and Manufacturing Act, and to achieve environmentally and economically effective hydrofluorocarbon (HFC) phasedown strategies, this Comment asserts that the United States must consider what climate strategies have worked well in the past. Specifically, it looks at the history of U.S. climate action and presents market-based opportunities to phase down HFCs by providing examples of allowance-and-trading program successes.

Revisiting the Delta Smelt: A Rebuttal to Weiland and Murphy

This Comment responds to a July Comment from Paul Weiland and Dennis Murphy that responded to a September 2020 Comment addressing the challenges of managing small and declining populations of California Delta smelt under the Endangered Species Act and focusing on the U.S. Fish and Wildlife Service's treatment of the species in a recent biological opinion.

The New Gatekeepers: Private Firms as Public Enforcers

This abstract is adapted from Rory Van Loo, The New Gatekeepers: Private Firms as Public Enforcers, 106 Va. L. Rev. 467 (2020), which examines the rise of the enforcer-firm through case studies of the industries that are home to the most valuable companies in technology, banking, oil, and pharmaceuticals.

Eminent Domain Law As Climate Policy

This abstract is adapted from Alexandra B. Klass, Eminent Domain Law as Climate Policy, 2020 Wis. L. Rev. 49 (2020), which contends that states should consider limiting eminent domain rights for fossil fuel projects and extending eminent domain rights for certain clean energy projects as part of their state climate policies.

You Can't Take Them Like That, It's Against Regulation

This Comment is written from the perspective of a practicing attorney who represents clients on the issues addressed in Prof. Joshua C. Macey’s Zombie Energy Laws, and focuses on the filed rate doctrine, which is one of the zombie energy laws Professor Macey identifies—a doctrine that is alive and kicking and still particularly relevant today.

Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris

With the dawn of the Joseph Biden Administration, there is renewed optimism that the United States will take steps to fulfill its responsibilities under the Paris Agreement and curb greenhouse gas (GHG) emissions. Electrification is a big step on this path, and the nation needs a cleaner, more resilient grid to support this reduced emissions future. But as University of Chicago Law Prof. Joshua C. Macey details in his article, Zombie Energy Laws, efforts to support mass electrification and decarbonization face a major stumbling block: zombies.

Zombie Energy Laws

This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public convenience and necessity, and the filed rate doctrine—that emerged out of the view that electric power companies should be shielded from market forces.