Editors' Summary: On March 2, 2007, the Environmental Law Institute held a seminar on the legal effects of President George W. Bush's revisions to Executive Order No. 12866. Panelists shared their expertise on a variety of topics surrounding the issue, including: the substance of the revisions; the cumulative impact of executive review; and the current state of Chevron deference. Below is a transcript of the event.
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.
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.
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.
Editor's Summary: Alternative fuels such as ethanol are taking center stage as the United States searches for environmentally friendly sources of energy that will reduce dependence on foreign oil. Both the Energy Policy Act of 2005 and President Bush's "Twenty in Ten" plan express a commitment to ethanol. In this Article, Jocelyn D'Ambrosio compares ethanol fuels with gasoline. She evaluates each fuel's ability to reduce greenhouse gas emissions, its net energy balance, and its potential effect on future innovation.
Editor's Summary: The e-discovery rules promulgated last December, now endorsed by several states, are sweeping in scope and have the potential to change the course of litigation. In this Article, Brian Wm. Higgins summarizes the major e-discovery requirements of interest to environmental professionals, including lawyers, managers, consultants, and information technology staff. Using a hypothetical case as an example, he provides a practical guide for navigating and complying with the new rules.
Editors' Summary: Climate change, like many environmental challenges, is a global problem requiring local solutions. While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states are taking steps to reduce the carbon footprints of their industries and citizens. In this Article, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta, Christopher H. Schroeder, and Neil S. Siegel describe the climate change policies proposed by one such U.S. state: California.
Editors' Summary: On May 3, 2007, the Environmental Law Institute (ELI) hosted a seminar to discuss the recent U.S. Supreme Court ruling in the Massachusetts v. EPA case. This seminar was a follow-up to ELI's December 13, 2006, seminar, held just after oral arguments in the case. After the moderator offered introductions and an overview of standing law prior to Massachusetts v.
Editor's Summary: The genetically modified organism (GMO) safety regime in China is steadily evolving, with national, regional, and local government departments vying for regulatory power. The process is leading toward a reallocation of responsibilities among governmental departments overseeing science and technology, agriculture, public health, and environmental protection. The results of this power struggle inside the government will exert direct influence on the progress of legislating and implementing GMO safety. In this Article, Dr.
Editors' Summary: Moving beyond the command-and-control product regulation of the past, China is shifting focus to product management as an alternate means to address health and safety, waste management, and environmental contamination. China's restriction of the use of certain hazardous substances (RoHS), a new legal framework designed to govern product manufacture, use, and end-of-life issues, presents a new compliance challenge for industry all over the world and at all levels of the supply chain.