Nonprofit organizations control substantial resources in our society and ostensibly have a similar structure to for profit coporations. However, because of the lack of profit motivation, there are few if any structural incentives which exist to insure that nonprofits function effectively or that...

Whether or not the federal government should price carbon continues to be debated. There were several scholarly pieces examining the relative advantages and disadvantages of cap and trade v. a carbon tax at the time of Congressional Debate on the American Clean Energy and Security Act in 2010....

All forms of renewable energy are at an inflection point. Falling costs, changing technology, and new environmental and climate regulations have all moved to exponentially increase the growth of renewable energy. How legal terms, such as "qualifying facility" under PURPA are interpreted and...

As we examine the course of environmental laws in this country, the pressures on existing laws and what ends we should be aiming for in the future, it is necessary to explore the animating policy decisions and innovations of these laws. But we also must be courageous enough to openly debate the...

With increasing penetration of renewable electricity and other distributed generation, states have begun adopting more far reaching policies around compensation for that generation. This paper, the first of two, examines what limits federal law places on the state's ability to create distributed...

Public Comments to APA "Informal" Section 553 Rule-making are potentially very important instruments in shaping law and regulation, particularly in environmental law. However, there have been relatively few articles discussing how one should craft these comments, given the legal environment...

This article explores how deeply held philosophies and environmental risk allocation are "real" values in terms of enivronmental impacts, and as such should be considered under NEPA. If this were the case, this would make the operation of NEPA more transparent and efficient

Why has environmental enforcement waned as environmental harms continue to grow bigger? This article, part of a symposium on enforcement of laws in the environmental and financial sectors, posits that a change in perceived immediacy of environmental harm, coupled with a change in communitarian...

After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have...

Environmental Law is Becoming More Complex because the executive branch continues to stretch existing environmental laws to accommodate new policies. Without Congressional intervention to craft tailored laws, we run the risk of our environmental administration becoming so complex that it makes...