In anticipation of a review of the public trust doctrine by the Canadian Supreme Court, we are previewing an article by Harry J. Wruck from our 10.2 issue. Please click link below for full article: Harry J. Wruck, The Time Has Arrived for a Canadian Public Trust Doctrine Based upon the Unwritten Constitution
In celebration of the journal’s recent transition to a new editorial board, JEEL is previewing an article for an upcoming issue written by Erin Ryan. Please click link below for full article: Erin Ryan, From Mono Lake to Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons ERIN RYAN* “This Article partners a summary of the Mono Lake story—one of the all-time great tales of environmental, property, and water law—with additional historical context, expanded legal analysis,…
In celebration of Earth Day JEEL is previewing one of our upcoming articles. Ms. Schaefer’s article takes a new approach to establishing legal standing for nature, which is particularly relevant in the current political climate. The print version of this article will follow in issue 9.2. Stacy Jane Schaefer* I. Introduction Man’s attitude toward nature is today critically important simply because we have now acquired a fateful power to alter and destroy nature. But man is a part of nature,…
By: Donna M. Attanasio * Abstract This Article explores the ways in which Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (“PURPA”),[1] might be useful in accelerating the development of multi-participant microgrids. PURPA provides a framework for the regulation of certain electric generation facilities known as qualifying facilities (“QFs”).[2] Securing QF status would help remove some of the legal uncertainties and regulatory burdens that may impede the development, construction, financing, and operations of those microgrids that…
By: Bandar Altunisi, Associate Known as global powerhouse of fossil fuels, Saudi Arabia has focused on diversifying its energy sources in the last 10 years. Saudi Arabia considers solar energy to be a leading alternative energy source with an approximate potential 2,200 thermal kWh of solar radiation (sunshine) per square meter.[1] Furthermore, Saudi Arabia intends to pursue other alternative energy sources like wind power, waste to energy, biomass, and other viable sources of clean energy. King Abdullah City for Atomic…
By: Sandra Zegarra, Associate As the United States’ power infrastructure transitions from the current electric grid to the Smart Grid, an assortment of new security and reliability concerns, notably in the cyber security arena, have been introduced.[1] Although the objective of the Smart Grid includes heightened security, the implementation of supplementary technologies such as smart meters, sensors, and advanced networks present new vulnerabilities.[2] In order to address these cyber security concerns, in February 2014 the Obama administration released voluntary…
By: Adam Shaw, Associate Planktonic or “blue-green” algae are single-celled bacteria that are normally “a beneficial component of the food chain.”[i] In warm, nutrient-rich environments, however, they can produce dense blooms that result in toxic substances known to cause sickness in livestock, wildlife and humans.[ii] In the summer of 2014, Lake Hartwell, located between Georgia and South Carolina at the northern segment of the Savannah River, experienced just such a dense algal bloom. What caused it? The “dramatic end of…
By: Scott Farnin, Associate More than two years ago, the D.C. Circuit vacated and remanded the Nuclear Regulatory Commission’s (“NRC”) Waste Confidence rule in New York v. NRC.[1] As a result of that decision, the NRC suspended all licensing issuances for commercial nuclear power plants until the court’s remand was appropriately redressed.[2] On September 19th, 2014 the NRC issued its Final Rule on Waste Confidence, addressing the concerns of D.C. Circuit. Now, licensing issuances are set to start up again after…
By: Christina Tabacco, Associate On June 30th the Supreme Court of the United States declined to grant the petition for certiorari by plaintiff-appellees in the case Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070 (9th Cir. 2013), cert. den’d 134 S.Ct. 2875 (June 30, 2014) . The plaintiffs sought to strike down a major component of California’s climate change initiative (AB 32),[1] arguing that certain regulations violated the dormant Commerce Clause. The question at the heart of the lawsuit…
By: John Kashuba, Associate Problem: Recent litigation has produced ambiguity as to whether subcontractors are covered under the Christian doctrine. If this is indeed the case, practitioners advising clients bidding or negotiating for procurement work containing clauses espousing requirements as to the kinds of materials that must be used, or other clauses containing compliance mandates with environmental laws and regulations are strongly encouraged to be hyper-vigilant as to the wording, text, form, and structure of the contract. Any omissions…