Table of Contents

Regulating Pot to Save the Polar Bear: Energy and Climate Impacts of the Marijuana Industry

Gina S. Warren, Texas A&M University (TAMU) - School of Law

Alaska's Atmospheric Public Trust: A Right Without a Remedy?

Adam Patrick Murray, Arctic Law & Policy Institute, University of Washington School of Law

Additionality in U.S. Agricultural Conservation and Regulatory Offset Programs

Roger Claassen, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
John Horowitz, United States Department of Agriculture (USDA)
Eric Duquette, United States Department of Agriculture (USDA)
Kohei Ueda, United States Department of Agriculture (USDA)

Evaluation of Ozone Smog Alerts on Actual Ozone Concentrations: A Case Study in North Carolina

Eleftherios Giovanis, University of London, Royal Holloway College - Department of Economics, University of Bologna - University of Bologna

An Economic Assessment of Policy Options to Reduce Agricultural Pollutants in the Chesapeake Bay

Marc Ribaudo, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
Jeffrey Savage, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
Marcel Aillery, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)

Epistemic Jurisdictions: Science and Courts in Regulatory (De)Centralization

David E. Winickoff, University of California, Berkeley - Department of Environmental Science, Policy, and Management


ENVIRONMENTAL LAW & POLICY eJOURNAL

"Regulating Pot to Save the Polar Bear: Energy and Climate Impacts of the Marijuana Industry" Free Download
Columbia Journal of Environmental Law Vol. 40, No. 3

GINA S. WARREN, Texas A&M University (TAMU) - School of Law
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It goes by many names -- cannabis, marijuana, pot, chronic, grass, reefer, weed, Mary Jane. Whatever the name, the trend is clear: the shwag is legal but the herb ain’t green. Nearly half of all U.S. states have enacted -- or have pending -- legislation to legalize, decriminalize, or in some way permit the use and cultivation of marijuana. As a result, marijuana has become a significant topic of conversation in the U.S. -- especially in the areas of social policy and criminal law. One conversation yet to reach fruition, however, is the industry’s projected impacts on energy demand and the climate. As the industry grows, so will its negative externalities. Indoor cannabis cultivation is the most energy-intensive industry in the U.S., requiring electricity to power lamps, to maintain consistent temperature and humidity levels, and to power fans for ventilation, among other things. This energy consumption, unless otherwise mitigated, results in significant greenhouse gas emissions. This article explores the opportunities that legalization brings in addressing the negative impacts on energy usage and climate change. It concludes that simply incorporating the marijuana industry into the existing energy regulatory framework will do little to address its negative impacts. It recommends that state and local policymakers take advantage of the unique opportunity to require indoor cultivators to utilize carbon-free electricity as a condition of licensing.

"Alaska's Atmospheric Public Trust: A Right Without a Remedy?" Free Download

ADAM PATRICK MURRAY, Arctic Law & Policy Institute, University of Washington School of Law
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The Alaska Supreme Court denied youth plaintiffs' requests for new State climate policies in Kanuk v. State (Sept. 2014), but hinted that the State might owe Alaskans a public trust duty to preserve the atmosphere. This paper explains why this incremental victory is still probably the end of the road for Alaskan atmospheric trust litigation.

"Additionality in U.S. Agricultural Conservation and Regulatory Offset Programs" Free Download
USDA-ERS Economic Research Report Number 170

ROGER CLAASSEN, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
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JOHN HOROWITZ, United States Department of Agriculture (USDA)
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ERIC DUQUETTE, United States Department of Agriculture (USDA)
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KOHEI UEDA, United States Department of Agriculture (USDA)
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Conservation payments lead to improvement in environmental quality only if farmers and ranchers who receive them adopt conservation practices that would not have been adopted without the payment. When a voluntary payment causes a change in practice(s) that lead(s) to improved environmental quality, these changes are “additional.? We estimate this “additionality? for a number of common conservation practices that are frequently supported by existing conservation programs. We find that the level of additionality varies by practice and that additionality is high for structural and vegetative practices while the risk of nonadditionality appears to be higher for management practices. While the risk of nonadditionality cannot be completely eliminated, it can be reduced. We discuss a number of approaches to managing nonadditionality in both conservation programs and environmental offset programs.

"Evaluation of Ozone Smog Alerts on Actual Ozone Concentrations: A Case Study in North Carolina" Free Download

ELEFTHERIOS GIOVANIS, University of London, Royal Holloway College - Department of Economics, University of Bologna - University of Bologna
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This study examines the effectiveness of ozone forecasts and smog alerts on actual ground-level ozone concentrations in North Carolina State. Two identification strategies are explored. The first evaluates the “Clean Air Works? program in Charlotte Area, initiated in 2006. A Regression Discontinuity Design (RDD) approach is applied under two regimes, with and without the implementation of the “Clear Air Works? program. The second evaluates the “Clean Air Works? program considering also the change in the warning threshold. For this purpose a triple Differences (DDD) estimator is applied. In both cases, we find reduction in ground-level ozone.

"An Economic Assessment of Policy Options to Reduce Agricultural Pollutants in the Chesapeake Bay" Free Download
USDA-ERS Economic Research Report Number 166

MARC RIBAUDO, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
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JEFFREY SAVAGE, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
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MARCEL AILLERY, U.S. Department of Agriculture (USDA) - Economic Research Service (ERS)
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In 2010, a Total Maximum Daily Load (TMDL) was established for the Chesapeake Bay, defining the limits on emissions of nitrogen, phosphorus, and sediment necessary to reverse declines in the Bay’s quality and associated biological resources. Agriculture is the largest single source of nutrients and sediment in the watershed. We use data on crop and animal agriculture in the watershed to assess the relative effectiveness of alternative policy approaches for achieving the nutrient and sediment reduction goals of the TMDL, ranging from voluntary financial incentives to regulations. The cost of achieving water quality goals depends heavily on which policy choices are selected and how they are implemented. We found that policies that provide incentives for water quality improvements are the most efficient, assuming necessary information on pollutant delivery is available for each field. Policies that directly encourage adoption of management systems that protect water quality (referred to as design-based) are the most practical, given the limited information that is generally available to farmers and resource agencies. Information on field characteristics can be used to target design-based policies to improve efficiency.

"Epistemic Jurisdictions: Science and Courts in Regulatory (De)Centralization" Free Download
Chapter 10, E. Cloatre and M. Pickersgill, eds., Knowledge, Technology and Law (Routledge, 2015), 173-188

DAVID E. WINICKOFF, University of California, Berkeley - Department of Environmental Science, Policy, and Management
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In the 2007 case of Massachusetts v. EPA, the U.S. Supreme Court ruled that one American State had the legal standing to sue a Federal administrative agency for failing to regulate carbon dioxide as an environmental pollutant. In a case challenging the scientific adequacy of Europe’s genetically modified food import restrictions, the WTO Appellate Body held against Europe on the grounds of procedural irregularity rather than scientific insufficiency, resulting in a complex compromise of national sovereignty and federal technocracy that continues to shape the European Commission’s own project of harmonization. There are currently few theoretical resources for understanding the potency of technoscience in underwriting the formation of multi-level regulatory architectures. Building on work in law and STS, this chapter considers legal cases that span local, national and international levels to develop a notion of “epistemic jurisdiction? to help capture the ways in which science, expertise, and epistemic credibility are constitutive of regulatory jurisdiction and formative of political community.

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ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS

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