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Ronald H. Rosenberg's
Scholarly Papers
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Total Downloads
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1.
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Ronald H. Rosenberg William and Mary Law School
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28 Jun 08
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18 Dec 08
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169 (53,417)
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Abstract:
This article considers the increased interest in wind power as an alternative to conventional electricity generation in the United States. After examining the pros and cons of the wind energy technology, it discusses the land use and environmental implications of siting large, utility scale wind farm facilities. It suggests ways in which the siting of such facilities might be treated in the future.
energy, renewable energy, wind power, land use
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2.
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Ronald H. Rosenberg William and Mary Law School
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28 Jun 08
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16 Sep 08
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120 (71,962)
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Abstract:
This article reviews the arguments pro and con relating to large scale expansion of wind energy facilities in the United States. It also examines the existing government policy encouraging renewable energy development as an alternative to conventional forms of electricity. It concludes that wind power, if properly located, can contribute an important amount of electricity to the American energy grid.
energy, renewable energy, wind power, environmental impact
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3.
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Doing More or Doing Less for the Environment: Shedding Light on EPA's Stealth Method of Environmental Enforcement
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Ronald H. Rosenberg William and Mary Law School
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01 Jul 08
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28 Dec 08
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46 (128,510) |
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Ronald H. Rosenberg William and Mary Law School
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01 Jul 08
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28 Dec 08
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Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. EPA the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines the recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on the imposition of civil penalties. Its central conclusion is that EPA's administrative enforcement dominates the Agency's enforcement practices, dwarfing judicially supervised enforcement. In addition, this mechanism yields outcomes emphasizing settlement, through a process at variance with EPA rules that renders outcomes in a context largely invisible from public scrutiny.
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Ronald H. Rosenberg William and Mary Law School
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01 Jul 08
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16 Sep 08
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Abstract:
Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. EPA the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achievedby individual actors. This Article examines rthe recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on the imposition of civil penalties. Its central conclusion is that EPA's administrative enforcement dominates the Agency's enforcement practices, dwarfing judicially supervised enforcement. In addition, this mechanism yields outcomes emphasizing settlement, through a process at variance with EPA rules that renders outcomes in a context largely invisible from public scrutiny.
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4.
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Ronald H. Rosenberg William and Mary Law School
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30 Jun 08
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16 Sep 08
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42 (133,413)
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Abstract:
Local governments in America are increasingly using development impact fees to fund infrastructure improvements. This trend represents a change in the pattern of local government finance of capital improvements necessary for community development. The adoption of impact fees represents a shift in the costs of new development to the land development industry, land owners and home purchasers. Both federal and state law has been fashioned to establish the ground rules for impact fee practice with state law being more significant. Development impact fees are truly porducts of the state law compromises balancing the competing interests in distributing the development-related costs and increasingly localities have deflected their previous public responsibilities to the development industry and consumers.
Land Use Control, Development Impact Fees, Infrastructure, Municipal Finance
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5.
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Ronald H. Rosenberg William and Mary Law School
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01 Jul 08
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16 Sep 08
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6 (213,343)
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Abstract:
The main focus of this article is on the way federal courts choose a rule of decision in cases of statutory silence. The specific focus is on the way the federal courts have ruled in determining whether corporate asset purchasers should be liable for response costs under CERCLA or Superfund cleanup law. The article compares the U.S. Supreme Court's precedent which strongly suggesting a method for making these decisions with the actual ways the federal courts have decided relevant cases. It concludes that federal appellate and district courts appear to ignor the Supreme Court's guidance on the common law issue.
Federal Common Law, CERCLA, Superfund, Corporate Law, Environmental Law
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