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Incheon Free Economic Zone (IFEZ): A Double-edged Sword for the Korean Government By: Da Young Kim

Screen Shot 2016-02-09 at 8.25.32 PM.pngIncheon Free Economic Zone (IFEZ): A Double-edged Sword for the Korean Government

By Da Young Kim, Staff Contributor

The Free Economic Zone is an area where business and economic activities of foreign investors are encouraged and promoted. Business-friendly treatments over the systems, conditions and regulations are distinguishable from not-so-free economic zones. Such favorable treatments include taxation support, free economic activities, high quality administrative services, favorable customs regulations and a convenient living environment. (more…)

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Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts

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Clean Power Planning: Unlike with Obamacare, States Are Preparing for Clean Power Plan Compliance Even As They Fight It in the Courts

By Jennifer Golinsky, Staff Contributor

This post is part of the Environmental Law Review Syndicate, a multi-school online forum run by student editors from the nation’s leading environmental law reviews.

When the EPA released its draft of the Clean Power Plan (CPP) in June 2014,[1] commentators were quick to draw comparisons[2] to Obamacare (i.e., the Patient Protection and Affordable Care Act, hereinafter the ACA).[3] One journalist even dubbed the CPP “Obamacare for the Air” because the Clean Power Plan and the healthcare reform law are both “intensely polarizing” and “numbingly complex in an effort to ensure flexibility and fairness, based on a market system . . . likely to transform a key sector of the economy for decades to come.”[4]

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Making the Green by Going Green: Increased Demand for Green Products and the FTC’s Role in a Greener Future Georgetown Environmental Law Review

Title CardMaking the Green by Going Green: Increased Demand for Green Products and the FTC’s Role in a Greener Future

By Michael Hozik, Staff Contributor

Businesses are in a unique position to capitalize on the environmental anxieties of millennials. As a 2015 study by The Nielsen Company suggests, despite high unemployment rates and low wages, millennials are willing to spend more for products that are environmentally friendly[1]. Just over the span of one year, millennials willing to pay more for products and services from companies committed to positive environmental and social change increased from 55% in 2014 to 72% in 2015[2]. Although seen by some as a niche minority[3], eco-minded consumers are now a major concern and opportunity for marketing departments across the country. Such a rapid expansion in green-conscious customers has spurred a surge of companies making green claims, sparking gridlock at the United States Patent and Trademark Office[4]. Between 2006 and 2007, filings for eco-friendly labels doubled and stores offered 73% more green products in 2010 compared to 2009[5]. Thus, even if a business owner does not believe the threat of climate change is real, businesses should nevertheless invest in eco-friendly practices so they may advertise and sell to green-minded customers[6].

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Getting to the Root of Environmental Injustice

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Getting to the Root of Environmental Injustice

By Shea Diaz, Georgetown Environmental Law Review

This post is part of the Environmental Law Review Syndicate, a multi-school online forum run by student editors from the nation’s leading environmental law reviews.

In the United States, poor people and people of color experience higher cancer rates,[1] asthma rates,[2] mortality rates,[3] and overall poorer health than their affluent and white counterparts.[4] The Environmental Justice Movement (EJM) links these health disparities to higher concentrations of environmental pollution sources in these communities.[5] This disproportionate exposure to environmental harms in low-income, minority communities is known as “environmental injustice.”[6] Since the EJM’s inception in the 1960s, empirical evidence of environmental injustice along racial and socioeconomic lines has been produced time and again.[7] Vulnerable populations, however, continue to bear a disproportionate burden of society’s environmental harms, as illustrated in the recent water crises in Flint, Michigan[8], and St. Joseph, Louisiana.[9]

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ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE

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ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE

By David Williams*

David Williams is an editor for the Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment.

In the wake of Massachusetts v. EPA,[1] the EPA fashioned new regulations to cover greenhouse gasses. As part of the new suite of regulations, the agency promulgated a “Tailoring Rule”[2] that departed from the plain text of the Clean Air Act (“CAA”).[3] The EPA justified this rule with reference to two canons of interpretation: absurd results[4] and administrative necessity.[5] The EPA describes the canon of administrative necessity as a three part test:

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Minnesota Solar Market Assessment Georgetown Environmental Law Review

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Minnesota Solar Market Assessment

By Adam Smith, Staff Contributor

Minnesota’s 2013 solar legislation enabled one of the fastest growing solar markets in the country.[1] The legislation provided requirements and incentives for solar energy production. Although Minnesota’s solar development continues to grow rapidly, recent solar development has been dominated by large scale projects with significant financing leaving both challenges and opportunities for smaller scale solar installations. Public schools and businesses have expressed an interest in smaller scale solar development, but Xcel and other Minnesota public utilities have been less aggressive towards smaller scale development including Commercial and Industrial (C&I) development. Accordingly, this article will discuss private investment opportunities for smaller scale developments by business and public schools in view of a market dominated by public utilities. (more…)

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Canadian Oil: Maybe Not The Villain It’s Been Made Out To Be

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Canadian Oil: Maybe Not The Villain It’s Been Made Out To Be

By Darci Stanger, Senior Editor

Canadian heavy crude oil, which is extracted mostly in the oil sands of northern Alberta, has long been labeled as “Dirty Oil” and many trade partners have attempted to block its importation. The European Union recently attempted to change legislation to prevent the importation of this type of Canadian oil into the EU.[1] The legislative change likely would have been passed if the trade sanctions against Russia had not prevented the EU from importing oil from Russia, making Canadian oil an essential EU energy resource, as it was already a secured supply.[2] The U.S. has also recently taken measures to restrict the importation of Canadian oil from the oil sands, rejecting and scrapping the Keystone Pipeline XL project. During a speech on Friday, November 6, 2015, President Barrack Obama explained that “shipping dirtier crude oil into our country would not increase America’s energy security,” the U.S. is attempting to “reduce our reliance on dirty fossil fuels,” and “approving the project would have undercut [the U.S.’s] global leadership [in fighting climate change].”[3]

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Wasted: A Failure of Food Waste Reduction and Pollution Prevention

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Wasted: A Failure of Food Waste Reduction and Pollution Prevention

By Megan Cronin, Staff Contributor

Americans waste 40 percent of their food,[1] costing the nation over $165 billion dollars every year. [2] Not only is that more food wasted per person than any other country in the world, but Americans waste 50 percent more food now than we did in the 1970s.[3] As a result, Americans not only throw away 25 percent of all freshwater and farmland, [4] but the generating, transporting, and disposing of wasted food also produces 14 percent of the U.S.’s annual greenhouse gas emissions.[5] (more…)

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La Vie en Vert

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La Vie en Vert

By Daniel Carpenter-Gold, Managing Editor, Harvard Environmental Law Review.

This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment.

It’s done. Like a reluctant Odysseus, we have fastened ourselves to the mast of emissions reductions with Bungee cords (not too tight, now!) and stuffed one ear full of wax—just in case those cheap, dirty fossil-fuel Sirens have something interesting to say. But what is this “Paris Agreement”?

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FROM THE WELL UP: A CALIFORNIA COUNTY CONFRONTS FRACKING AT THE POLLS

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FROM THE WELL UP: A CALIFORNIA COUNTY CONFRONTS FRACKING AT THE POLLS

By Malia McPherson, Stanford Environmental Law Journal

Maria McPherson is part of the Stanford Environmental Law Journal. This post is part of the Environmental Law Review Syndicate

Introduction

On November 4, 2014, the voters of San Benito County passed Measure J, a voter initiative banning hydraulic fracturing (‘fracking’) and all other high-intensity petroleum operations within county lines. Under California law, only a subsequent voter initiative can overrule this fracking ban. While it is not the first county or city within California to take a stand against fracking, San Benito’s path to a successful ballot initiative was unique. Despite being dramatically outspent in the run-up to the election, the San Benito anti-fracking coalition San Benito Rising defeated industry interests through a simple strategy of basic grassroots organization. The movement was largely leaderless, it was community focused, and it represented both minority and majority interests. How did it succeed? Given the potential risks posed by fracking, and the legal context that left a regulatory ‘gap’ for Measure J to fill, the San Benito experience shows that it is indeed possible for community-centered lawyering and the voter initiative process to protect community environmental integrity on a precautionary basis against encroachment from outside interests.

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