Environmental Law SSRN Reading List: January 2016

SSRN Top Papers

After taking a much-needed Winter Break, the Harvard Environmental Law Review is back with another Environmental Law SSRN Reading List. Check out our motivation and methodology here. It seems like these authors had some time off in December too, because we’ve got a great batch of articles for you:

  1. (Ground)Waters of the United States: Unlawfully Excluding Tributary Groundwater from Clean Water Act Jurisdiction by Michael C. Blumm and Steven M. Thiel (Environmental Law, Vol. 46, No. 2, 2016) (arguing that EPA’s “waters of the United States” rule is under-inclusive because it categorically exempted all groundwater from CWA regulation)
  2. Livestock Production, Climate Change, and Human Health: Closing the Awareness Gap by Debra L. Donahue (Environmental Law Reporter, Vol. 45, 2015) (arguing that livestock should be removed from public lands for environmental, human health, and fiscal reasons)
  3. The Clean Power Plan: Testing the Limits of Administrative Law and the Electric Grid by Emily Hammond and Richard J. Pierce, Jr. (George Washington Journal of Energy and Environmental Law, 2016 Forthcoming) (considering four issues related to the Clean Power Plan that have not yet attracted the attention and analysis they deserve)
  4. Fukushima’s Shadow by Lincoln L. Davies and Alexis S. Jones (Vanderbilt Journal of Transnational Law, Vol. 48, No. 4, 2015) (exploring the primary responses to the Fukushima crisis, core tensions in energy policy, and the inherent complexity in energy and energy law and policy systems)
  5. The Paris Agreement: Historic Breakthrough or High Stakes Experiment? By Meinhard Doelle (Forthcoming, Special Issue: 6(1-2) Climate Law (2016)) (highlighting the key elements of the agreement reached in Paris, including its approach to mitigation, adaptation, loss & damage, finance, transparency and compliance)
  6. Conservation Easements and the Valuation Conundrum by Nancy A. McLaughlin (19 Florida Tax Review, 2016, Forthcoming) (examining the easement valuation case law and related abuses, and proposing alternative reforms informed by the subsequent lessons learned)
  7. Electricity Markets and the Clean Power Plan by William W. Hogan (HKS Working Paper No. 059) (exploring some of the effects of the Clean Power Plan and possible directions for relevant policies of electricity system operators)
  8. The Paris Climate Agreement: An Initial Examination by Jorge E. Vinuales (C-EENRG Working Papers No. 6) (examining the legal structure and content of the Paris Agreement adopted and analyzing the architecture of the Paris Agreement, focusing on its three main components)
  9. U.S. Renewable Energy Policy in Context by Lincoln L. Davies (15 Environmental Law and Policy 33 (2015)) (exploring the U.S. renewable energy policy and identifying five key categories of barriers to renewable energy development and deployment, and discussing which of those barriers U.S. policy addresses)
  10. Should We Care What the Pope Says About Climate Change? by Daniel Bodansky (109 AJIL Unbound 127 (2015)) (exploring the importance of an influential, non-political voice for highlighting the moral dimensions of the climate change problem)