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Category: Practitioner Posts

The Time Has Arrived for a Canadian Public Trust Doctrine Based upon the Unwritten Constitution

The Time Has Arrived for a Canadian Public Trust Doctrine Based upon the Unwritten Constitution

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

From Mono Lake to the Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons

From Mono Lake to the Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons

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,…

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The Standing of Nature: The Delineated Natural Ecosystem Proxy

The Standing of Nature: The Delineated Natural Ecosystem Proxy

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,…

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A PURPA Roadmap for Microgrids

A PURPA Roadmap for Microgrids

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…

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