Archive for the ‘Publications’ Category

OEC attorneys have published a short article (pg. 4) in the American Bar Association’s Energy and Environment newsletter, Trends, that discusses the implications of using biomass to satisfy state renewable energy standards (“RES”). The article cautions against a legal presumption that biomass energy is necessarily clean, green, and carbon-neutral.

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The Duke Environmental Law & Policy Forum, one of the nation’s premiere environmental law journals, has published an article written by the OELC staff in its Winter, 2010 issue. The article, Environmental Enforcement and the Limits of Cooperative Federalism: Will Courts Allow Citizen Suits to Pick Up the Slack, describes how many federal environmental laws [...]

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Be sure to check out the latest issue of Ohio Lawyer magazine, published by the Ohio State Bar Association, where we take on the fringe legal movement that is seeking to “reaffirm” the Tenth Amendment to the U.S. Constitution. The movement, which has manifested itself in Ohio recently, seeks to significantly limit the power of [...]

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The Clean Water Restoration Act (CWRA), legislation designed to strengthen the water protections established by the Clean Water Act (CWA), is under attack. CWRA seeks to bolster the CWA by extending the protections to include all “waters of the United States.” But private property rights advocates and other interest groups that oppose federal environmental laws [...]

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Vermont Environmental Law Journal to publish OELC article, “Reconciling King Coal and Climate Change: A Regulatory Framework for Carbon Capture and Storage” in Fall issue. Ironically the major impediments to the widespread deployment of Carbon Capture and Storage (CCS) are not scientific or technological barriers, but legal and regulatory. Federal regulations and state common law [...]

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OELC Staff Article, “Environmental Enforcement and the Limits of Cooperative Federalism,” to be published in the fall issue of the Duke Environmental Law & Policy Forum Laws to protect environmental and human health are not worth the paper they are printed unless they are effectively enforced.  While Congress intended federal and state agencies to be [...]

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