PLACES'10: The 3rd Workshop on Programmng Language Approaches to concurrency and Communication-Centric Software

Paphos, Cyprus. March 201

The new import regulation; More reliability for imported organic products? in The New EU Regulation for organic food and farming: (EC) No 834/2007

The European market for organic products is growing at a dynamic pace. Increasingly, processing and marketing companies are entering this market, which has a very promising future. However, organic farm production at the inter-European level has not increased at the same rate as the market for organic products

Proceedings ICPW'07: 2nd International Conference on the Pragmatic Web, 22-23 Oct. 2007, Tilburg: NL

Proceedings ICPW'07: 2nd International Conference on the Pragmatic Web, 22-23 Oct. 2007, Tilburg: N

Picking the Right Tools: Why Regulation of Greenhouse Gases under the Clean Air Act’s National Ambient Air Quality Standards Is Statutorily Compelled, But Not a Practical Tool in the Combat Against Climate Change

Article published in the Michigan State University School of Law Student Scholarship Collection

Natural Resources Defense Council v. Environmental Protection Agency: A Call For Evenhanded Application of the Clean Water Act of 1972

In Natural Resources Defense Council v. EPA ( NRDC v. EPA ), the Natural Resources Defense Council ( NRDC ) challenged the EPA\u27s permit exemption for oil and gas construction sites as a violation of the CWA, claiming that the exemption was inconsistent with the CWA\u27s goal of protecting the nation\u27s waters. The United States Court of Appeals for the Ninth Circuit held that the EPA\u27s rule was arbitrary and capricious in light of the EPA\u27s consistent, long-standing position of requiring permits for sediment discharges. In addition, the Ninth Circuit supported its reasoning with the fact that Congress did not specifically mention the term sediment in the relevant statute or discuss what should or should not be exempt from permitting. This Note argues that the Ninth Circuit correctly held that the permit exemption was arbitrary and capricious not only because the EPA changed its long-standing position on what it considered a contaminant, but also because the permit exemption was manifestly contrary to the CWA, as it allowed discharges of a known pollutant to go unregulated from oil and gas construction sites. The permit exemption also lacked a permitting scheme to ensure oil and gas construction sites were indeed exempt. However, the court failed to address the EPA\u27s attempt to carve out an exemption for one segment of the construction industry, oil and gas, and not for the rest of the construction industry. By not addressing this issue, the court has left the door open for the EPA to create exemptions that give preference to certain segments of the industry, but not to others in similar situations

Natural Resources Defense Council v. Environmental Protection Agency: A Call For Evenhanded Application of the Clean Water Act of 1972

In Natural Resources Defense Council v. EPA ( NRDC v. EPA ), the Natural Resources Defense Council ( NRDC ) challenged the EPA\u27s permit exemption for oil and gas construction sites as a violation of the CWA, claiming that the exemption was inconsistent with the CWA\u27s goal of protecting the nation\u27s waters. The United States Court of Appeals for the Ninth Circuit held that the EPA\u27s rule was arbitrary and capricious in light of the EPA\u27s consistent, long-standing position of requiring permits for sediment discharges. In addition, the Ninth Circuit supported its reasoning with the fact that Congress did not specifically mention the term sediment in the relevant statute or discuss what should or should not be exempt from permitting. This Note argues that the Ninth Circuit correctly held that the permit exemption was arbitrary and capricious not only because the EPA changed its long-standing position on what it considered a contaminant, but also because the permit exemption was manifestly contrary to the CWA, as it allowed discharges of a known pollutant to go unregulated from oil and gas construction sites. The permit exemption also lacked a permitting scheme to ensure oil and gas construction sites were indeed exempt. However, the court failed to address the EPA\u27s attempt to carve out an exemption for one segment of the construction industry, oil and gas, and not for the rest of the construction industry. By not addressing this issue, the court has left the door open for the EPA to create exemptions that give preference to certain segments of the industry, but not to others in similar situations

The Ethiopian Tax System: Excesses and Gaps

Article published in the Michigan State International Law Review

Space industrialization. Volume 4: Appendices

Program development and analysis and recommendations for NASA activities are discussed. The impact of international space law on future use of outer space is examined in the light of applicable international agreements. Recommendations for actions designed to facilitate space industralization are also proposed

Major Questions (and Answers): A Call to Quiet the Quartet

This Comment calls for action to quiet the Quartet—encouraging executive agencies to mitigate the pernicious impact of MQD. In Part I, this Comment discusses the political landscape in the area of climate action. Part II wades through the nearly forty-year doctrinal shift of delegation—from humble beginnings in a law review article from then-Judge Breyer in 1986, to the application of major questions principles at various stages of agency-deference analyses. Part III discusses the Quartet and its role in MQD as a determinative legal canon. Recent scholarship calls into question if there are multiple iterations of MQD, and whether the most recent iteration of MQD is merely a doctrinal bridge or “fig leaf” to the non-delegation doctrine. In Part IV, this Comment addresses the current status of agency rulemaking in the face of the uncertainty of MQD’s evolving form. Developing an action plan to mitigate harm to the environment requires consideration of how lower courts may reconcile the competing doctrines of Chevron and MQD. This Comment submits that SCOTUS’ posture in the mid-2020s will be formative in the law of statutory interpretation for generations to come. In light of the rapid shift in the form of MQD in just a few years, and the inability of Congress to achieve meaningful legislative, actions within the executive branch must be taken to mitigate the Quartet’s pernicious impact on the environment and public health. Achievable executive strategies include: (1) streamlining the rulemaking process by promulgating leaner rules; (2) repealing or narrowing the scope of EO 12866 to expedite regulatory review and avoid bolstering the legal arguments of anti-regulatory interests; (3) increasing the use of severability clauses to protect bulky regulatory schemes from complete vacatur; and (4) empowering enforcement offices to better protect the environment from the ravages of climate change