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From RPS to Carbon: An Evolutionary Proposal

Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to a “carbon reduction standard” (CRS) based on a statewide target for the average carbon emissions per megawatt hour of electricity generation. It describes in detail how a CRS would work, how it aligns with changing policy goals, and how it would take advantage of RPS lessons learned.

A Rights-Based Approach to Governance of Climate Geoengineering

Faced with the growing threat of climate vulnerability, many have turned to the idea of geoengineering. However, many environmentalists and human rights advocates are wary of the risks related to geoengineering. At present, there is no international agreement that governs the deployment of geoengineering technologies. This Article explores a rights-based approach for the governance of geoengineering in international law, including the impetus, rationale, and options for implementation.

Held v. Montana

The Montana Supreme Court affirmed a trial court ruling that declared the Montana Environmental Policy Act (MEPA) violated youths' state constitutional right to a "clean and healthful environment." The youths argued a provision of MEPA that precluded analysis of greenhouse gas emissions in EAs and E...

San Luis Valley Ecosystem Council v. Dallas

A district court denied conservation groups' petition to review the Forest Service's approval of a revised management plan for the Rio Grande National Forest. The groups argued the Service's approval violated the National Forest Management Act and the 2012 Planning Rule by not including species-spec...

Ondrusek v. United States Army Corps of Engineers

The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new i...