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Harvard Environmental Law Review

the commons

New Day at the Pool: State Preemption, Common Pool Resources, and Non-Place Based Municipal Collaborations

August 1, 2012 by wpengine

By Jonathan Rosenbloom State preemption laws strictly limit local governments from regulating beyond their borders. Local governments, however, face a broad spectrum of challenges that cannot be confined to municipal borders. These challenges freely flow in and out of many local jurisdictions at the same time. The juxtaposition of limited local government authority and … [Read more...] about New Day at the Pool: State Preemption, Common Pool Resources, and Non-Place Based Municipal Collaborations

Commerce in the Commons: A Unified Theory of Natural Capital Regulation Under the Commerce Clause

August 1, 2011 by wpengine

By Blake Hudson Scholars continue to debate the scope of Congress’s Commerce Clause authority and whether fluctuations in the U.S. Supreme Court’s Commerce Clause jurisprudence place federal environmental regulatory authority at risk. Yet when one analyzes major Commerce Clause cases involving resource regulation since the beginning of the modern regulatory state, a consistent … [Read more...] about Commerce in the Commons: A Unified Theory of Natural Capital Regulation Under the Commerce Clause

Expanding Regional Renewable Governance

August 1, 2011 by wpengine

By Hannah Wiseman Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern … [Read more...] about Expanding Regional Renewable Governance

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